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THADDEUS J. CULPEPPER, SBN 220194 16400 Ventura Boulevard, Suite 305 Encino, CA 91436 626-786-2779 626-628-3083 (f) Attorney for Marion “Suge” Knight SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES LILLIAN CARTER, individually and as the Personal Representative of the ESTATE OF TERRY CARTER, NEKAYA CARTER, CRYSTAL CARTER, Plaintiffs, vs. UNIVERSAL STUDIOS, INC., MARION “SUGE” KNIGHT, CLE “BONE” SLOAN, ANDRE “DR. DRE” YOUNG, O’SHEA. “ICE CUBE” JACKSON, SR., TOI LIN KELLY, TAM’S BURGERS, PRETTYBIRD PICTURES, and DOES 1- 100, inclusive Defendants. MARION “SUGE” KNIGHT, Plait vs. ANDRE “DR. DRE” YOUNG, UNIVERSAL STUDIOS, INC., APPLE, INC., TAM’S BURGERS, CLE “BONE” SLOAN, JIMMY CHRIS, DWAYNE “KNOB" JOHNSON Case No. BC583946 CROSS-COMPLAINT FOR DAMAGES Intentional Interference with Contract Conversion Negligence Premises Liability Assault and Battery Vicarious Responsibility Negligent Hiring, Retention & Training DEMAND FOR JURY TRIAL ‘CROSS-COMPLAINT FOR DAMAGES PROLOGUE “After weeks of rumor, Apple finally announced it has acquired headphone maker Beats Electronic for $3 billion, including $26 billion cash up front and approximately $400, million in stock that will vest over time. As part of the deal, Beats co-founders Dr. Dre and Jimmy lovine will join Apple in undisclosed roles.” http://www forbes.com/si 2014/05 3.2-billion/#5bed39b964a6 “T apologize to the women I've hurt,” he said. “I deeply regret what | did and know that it has forever impacted all of our lives.” Apple, which bought Beats Electronics for $3 billion last year and made him an executive, weighed in after the statement to offer their support to the headphone and music streaming service's co-founder. “Dre has apologized for the mistakes he's made in the past and he's said that he's not the same person that he was 25 years ago,” Apple said in a statement. “After working with him for a year and a half, we have every reason to believe that he has changed.” \tp://www nbenews,com/pop -culture/celebrity/apple-responds-after-dr- ygy-women-hes- hurt-n414156 “Straight Outta Compton grossed $161.2 million in North America and $40.4 other territories for a worldwide total of $201.6 million. Deadline.com calculated the net profit of the film to be $91.1 million, when factoring together all expenses and revenues for the film.” hutps://en.wikipedia.org/wiki/Straight Outta Compton (film) “Dr. Dre’s character physically assaults Michel'le on several occasions in TV biopic Surviving Compton.” http://www ibtimes.co.uk/dr-dre-fans-threat INTRODUCTION Marion “Suge” Knight's murder trial has been shrouded in much mystery. This cross—complaint reveals why FACTS. The Incident at Tam’s Burgers A. On January 29, 2015, four armed men assaulted Marion “Suge” Knight while he sat unarmed in his truck, parked at the entry of Tam’s Burgers in Compton, California. Carter had called Knight to Tam’s, stating that Dr. Dre and Ice Cube would meet him there to discuss paying Knight for the use of his image and likeness in the Universal film, “Straight Outta Compton.” A proposition to which Knight agreed B. Knight was sitting with the driver's side window down, talking with Dwayne 2 CROSS-COMPLAINT FOR DAMAGES Soeryraueae u 12 13 14 15 16 17 18 19 20 21 2 2B 24 25 26 27 28 “Knob” Johnson, Marvin Kincy and Terry Carter. Knight sat with the tuck running and the gear-shift in the drive position. For several weeks during filming, Knight had been regularly meeting these same men and a few others for breakfast to discuss resolving the Jong—standing feud between Knight and Young. While Knight was parked, Knight related to them how Cle “Sloan” Sloan had just fronted him off in front of Iee Cube’s entourage at Base Camp on Bullis Road. Knight was there 25 minutes earlier and was headed to dinner with family when he received a call from Carter. C. While the men were talking, Cle “Sloan” Sloan, jumped over a small wall and ran up to Knight’s trucl a rage and repeatedly struck Knight in the face, saying, “I'm gonna ill you today, bitch ass nigga!” Sloan was carrying a black 380 in his left rear pocket. He took the weapon out of his pocket so that Knight could see that he was strapped. Sloan and his associate Jimmy Chris had surreptitiously followed Knight from Base Camp to Tam’s. (Sloan testified that he was headed from Base Camp to another set on 133" Street and Parmalee in Compton but somehow missed his turn and wound up at Tam’s. ‘And somehow, Universal employees Johnson and Chris happened to be at Tam’s too!) D. Sloan pulled at the door of the vehicle in an attempt to extract Knight from the truck. Sloan managed to get the door open and stand on top of the truck’s running board to better attack Knight. Sloan caused his upper torso to protrude into the truck's inner cabin, from which point he continued striking Knight. Sloan attempted to disable the vehicle by removing the keys from the ignition and placing the gear shift in park. Sloan could not retrieve the keys and only managed to place the gear shift in reverse. When Knight found a clear moment in the struggle, he pressed the gas, intending to escape by going forward. The vehicle reversed instead. Because of the height of the vehicle, the driver side mirror struck Sloan causing him to fall. While the vehicle was traveling backward, Jimmy Chris, who was also armed, crouching, ran with great speed upon Knight from the vehicle’s right rear near the passenger side window. E. Fearing immediate gunfire from Chris, Knight placed the vehicle in drive and 3 CROSS-COMPLAINT FOR DAMAGES mashed the accelerator. Unbeknownst to Knight, Carter had fallen, trying to escape the path of the now oncoming truck. Knight never saw Carter. Knight ran over Carter, a man whom Knight considered a friend. Knight managed to escape in his truck. When he learned that Terry Carter died, Knight was immediately saddened and sorrowful. Knight turned himself in to Los Angeles Sheriff's Department around midnight the same night. F. Knight has been charged with felony Hit and Run and Murder in Los Angeles Superior Court Case TA136401. Sloan testified at Knight's preliminary hearing. The Los Angeles District Attorney's office granted Sloan use immunity in exchange for his testimony. A spokesman for the Sheriff’s Department declared publicly at a January 29, 2015, press conference that Knight acted intentionally. Tam’s Burgers in Compton has a reputation in the community as a staging area for murder. The people in the community regularly refer to Tam’s as, “Murder Burger.” The crime scene was never properly cordoned. Sheriff's Deputies allowed people to walk freely, trample evidence, and throw away evidence. The paramedics and police were not called by any of the witnesses for 14 minutes. Sheriff Richard Biddle is lead investigator on the Tam’s case. ‘The Shooting at 1Oak Nightclub G. On August 14,2014, Knight was shot 7 times in the abdomen from gunfire in the 10ak Nightclub in Hollywood. The club possesses 37 high-definition cameras. Witnesses say that the video depicting the shooter is crystal-clear. The crime scene was not properly cordoned. Sheriff's Deputies released the crowd almost immediately after their arrival. An off-duty Sheriff Henry Boyd was fired by the Sheriff's Department after his participation in the shooting became known. The Sheriff's Department never disclosed this information, KF reported it instead. Sheriff hard Biddle is also lead investigator of the 1Oak case. DR. DRE DID IT H. Andre Young is responsible for both crimes. It is a well known fact that Young and Knight are not friends. In 1992, Young and Knight became partners in Death Row Records. Knight also began managing Young. In 1996, when Young wished to relinquish 4 CROSS-COMPLAINT FOR DAMAGES eeu an run 10 ul 12 B 4 15 16 7 18 19 20 2 22 23 24 25 26 27 28 iis ownership interest in Death Row and his publishing rights to “the Chronic” album, the ‘men drafted an agreement. In the agreement, Young relinquished his 50% share of Death Row Records, his publishing and copyright in “the Chronic” and waived his right to rescission. All that remained of their business relationship after the 1996 agreement was a lifetime management agreement that provided that Knight earn 30% of Young’s entertainment earnings in perpe ye I. Young had been negotiating the Apple /Beats headphone deal and the Universal “Straight Outta Compton” film for several years, at or around the 2006 to 2009 timeframe. As both transactions became more real, Young prepared to avoid paying Knight his share of the potential proceeds. Young did not wish to share another penny with Knight, even going to such lengths as refusing to record a new album, so as to keep from having to share revenue with Knight. This is also why Young never completed the long anticipated “Detox” album. J. Apple and Universal were aware of the lifetime management agreement that Young had with Knight. Both companies learned of the contract through initial disclosures from Young and through their own due diligence. Apple wished to make Young an executive and shareholder through the headphone company purchase and Universal wished to create a feature film that highlighted Young's creative talent. Apple and Universal and Young did not wish to acknowledge the management contract because it meant on some level that Knight’s financial participation would be publicly known. Both companies did not want to conclude transactions that involved Knight. Both companies believed that any formal association with Knight would be bad for their respective brands. K. Because the contract was one in perpetuity, Young could not produce a document that evidenced that the management relationship and contract was terminated. Instead of simply acknowledging the contract and paying Knight, Universal, Apple and Young developed a mutually agreeable scheme that would result either in Knight relinquishing his rights under the management contract or Young gaining the appearance of legal 5 ‘CROSS-COMPLAINT FOR DAMAGES Soe aauwe separation from Knight and the management contract through bankruptcy filings. L. tall relevant times herein, Young and Sloan were managing agents of Universal. at all relevant times herein, Young was a managing agent of Apple. Apple and Universal are California corporations. Young, Sloan, Chris and Knob are residents of Los Angeles county. INTENTIONAL INTERFERENCE WITH CONTRACT (Alll Defendants) L Mr. Marion Knight can prove that Andre Romell Young, while acting as agent for Universal and Apple (collectively “Defendants”), intentionally interfered with a valid, lifetime management contract between Knight and Young. Because of this persisting, valid contract and management relationship, Knight was due a 30% portion of Young’s payout in the $3 Billion Apple/Beats transaction and in Young's profit share from the Universal film, “Straight Outta Compton.” A. Young, Universal and Apple knew of the contractual relationship. And, each for different reasons purposely intended to disrupt the performance of the Knight-Y oung management contract. 1, Apple did not want to conclude a financial transaction that included and benefitted Knight because Apple and Young believed that Knight's reputation would tarnish the new headphone brand going forward were the public to learn that Knight shared in the exchange, and was essentially part of the brand. 2, It is also widely known that Young and Knight are not friends. ‘Young did not wish to share another penny with Knight for any reason, though he was contractually obligated to do so. Young even avoided making new albums and content becaus« ultimately meant sharing revenue with Knight. Young wished an overall solution to this apparent, constant Suge Knight dilemma. 2. As mentioned, Universal was aware of the management contract also 6 ‘CROSS-COMPLAINT FOR DAMAGES Ceara away 10 MW 2 14 15 16 7 18 19 20 21 22 23 24 25, 26 27 28 and were concerned in the same way as Apple. Knight stood to gain from the proceeds of the film because of his 30% share in Young's career. ‘As principals, Universal and Apple provided aid to Young to disrupt the ‘management contract through agency. 4. Universal, through the production of the film, provided Young with capital, employees and the staging area through which to intimidate Knight and to ensure that Knight relinquished his right in the management contract payouts. Young hired Cle Sloan to act as Technical Advisor for the film and to handle the Suge Knight problem, set forth above. As part of his employment on the film, Sloan hired 300 people, 100 of whom were gang ‘members, Sloan reported to Universal regarding all of his security hires. Sloan was also responsible for selecting the gang neighborhoods in which seenes would be filmed, Universal performed no due-diligence before permitting Sloan’s hires. Universal provided no written guidance, training or education to its agents regarding crisis negotiation, mediation, or conflict resolution, neither did it assure that Sloan’s hires had any of these skills to . Universal was aware that certain of Sloan's hires were to be begin used to address the Suge Knight dilemma. Universal understood that Young contracted Sloan to address the Knight problem. Universal was at least aware that part of Sloan’s tactics in addressing the Knight dilemma would involve armed assault. Knight is also informed and believes that Universal also paid for Sloan’s lawyer fees when Sloan was called as an immunized ‘ident at Tam's. prosecution witness to testify regarding the i 5. On January 29, 2016, armed gunmen, all of whom worked for Universal, assaulted Knight. Carter, agent to Sloan, contacted Knight and asked him to meet him at Tam’s, where Young and O’ Shea Jackson wished to discuss his payment from the film. The armed gunmen acted as agents to 7 ‘CROSS-COMPLAINT FOR DAMAGES Sow aan es on u 12 B 4 15 16 7 18 19 20 2 2 23 24 25 26 27 28 Sloan, Sloan as agent to Young, and Young agent to Universal and Apple. Sloan carried a Black .380 handgun in his lower left rear pocket. Dwayne “Knob” Johnson and Jimmy Chris were also armed. When Knight arrived, Sloan alighted on Knight, climbing on the running board of Knight's truck, brandishing his weapon, and repeatedly striking Knight through Knight’s driver side window. Sloan tried to extricate Knight from his vehicle by pulling the door open and grabbing at Knight's keys in the ignition and by trying to put the gear shift in park (Sloan actually placed the shi in reverse). Knight, seeking to escape for his life, first went backward, knocking Sloan down with the rear view mirror. But, while traveling backward, Knight saw Jimmy Chris, also armed, coming up from behind the right rear of Knight’s vehicle, Knight quickly shifted the vehicle forward to continue his escape and inadvertently ran over Carter who had tripped and was not in Ki hs eye-view. Eyewitnesses confess that Knight certainly could not have intended to run over Sloan or Carter. Sloan and Chris followed Knight from Base Camp on direction of Young. Universal had instructed Young to send Sloan to “talk” to Knight. Chris, Sloan, and Knob were all employees of Universal during the relevant period. Sloan testified to initiating the armed assault, fucking up and getting Carter killed and being in a rage. Carter’s last words were, “Get that mothafucka Bone.” 6. Inthe Apple/Beats transaction, Apple paid Young and Jimmy lovine handsomely. Apple money flowed through 12 different bank accounts belonging to Young. Checks from at least one of Young’s accounts paid Sloan $300,000 and “Knob” $20,000 (check number 3091xxx on November 6, 2014) weeks before the armed assault on Knight at Tam’s burger. Money for production of the film also flowed through these same accounts and paid “Knob”, Sloan and Jimmy Chris, as Technical Advisers. Young, Apple and 8 ‘CROSS-COMPLAINT FOR DAMAGES Scwmrxaaueuon ul 12 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 Universal knew that Sloan would be given immunity by the prosecution well in advance of the preliminary hearing. Knight is informed and believes that Apple, Universal and Young agreed that payments for the armed assault were to be made by Young so as not to implicate Universal or Apple. 7. Knight is also informed and believes that payments from one or any or all of the accounts were used to pay the armed gunmen that shot Knight seven times at 1Oak nightclub on August 14,2014. In investigating the shooting, L.A. Sheriff's investigators questioned a man named Damien or “T-Money.” 8. T-Money informed the Sheriffs that he was paid by Young to kill Knight. Sheriff's investigators texted Knight’s family and asked in reference to Young’s possible involvement if they were “barking up the right tree?” T-Money was released. Young was questioned and released. A Sheriff's Deputy named Henry Boyd resigned after being confronted with evidence of his ac ies on the night of the shooting, KFI reported. The club possesses 37 high definition cameras. No arrests have been made in the 10ak nightclub sho ig. No charges have been filed. The same Sheriff's investigator is assigned to 1Oak and Tam’s. Knight, a victim in ‘one case and an alleged perpetrator in another, is being heavily prosecuted in one while the other has been abandoned by the powers that be. Young is the common link between these two cases. 9. Serious attempts at Knight’s life began only after Young was paid through Apple on May 28, 2014. Knight was shot at 1Oak nightclub on August 14, 2014, and the incident at Tam’s Burger occurred on January 29,2105. Young worked for Apple and was agent to Universal during the relevant time and Young continues to work for Apple at the time of this writing. 9 ‘CROSS-COMPLAINT FOR DAMAGES ce ao 10 u 12 B 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 10. Knight has experienced incredible health challenges during his incarceration, beginning on January 29, 2016. Knight has suffered from appendicitis, an emergency appendectomy, bloodelots and other complications arising from his incarceration and strict confinement; Knight's phone, mail, health and visitation ri ts are severely circumscribed and impinged upon 11. Young’s actions as agent for Universal and Apple in the aforementioned paragraphs have made it exceedingly difficult and expensive for Knight to prove his right to the Apple and Universal benefits and monies, But for Young’s actions, Knight would not have suffered seven gunshot wounds to the abdomen, an assault and battery, incarceration, jail induced health problems or criminal prosecution. Young performed these operations with Apple capital and contacts and Universal capital, agents, employees and sets. 12. Knight is informed and believes Apple paid for bankruptcy lawyers to badger the bankruptcy court and trustee in Knight and Death Row Record’s bankruptcies with frivolous administrative claims and adversarial pleadings. Although Apple and Young knew that Young signed away his, right to rescission of his 1996 Agreement with Knight, Young asked the court to rescind the Agreement three separate times! Additionally, Young's various claims totaled nearly $20 million. Distribution levels in both bankruptcies were significantly less than that. Young as agent for Apple and Universal attempted to use the sham claims as a means to repeatedly request rescission and to create false offsets to be potentially used against Knight. When Young's claims were denied for the final time on May 2, 2014, Apple and Young changed course. Instead of paying Young in one lump sum, Apple hired Young and paid him a salary. Knight is informed a 10 ‘CROSS-COMPLAINT FOR DAMAGES ken 10 W 12 13, 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 and believes that Apple is paying Young incrementally to ensure that Young. resolved the Knight dilemma, in one form or another. 13. Knight is at an extreme disadvantage in defending himself or prosecuting his claims herein because portions of the of the evidence that would help Knight prove his claims are sealed by protective order in TAI3401. At the outset of this action, Knight sought a stay of the the instant proceedings on infringement of Fifth Amendment grounds. That motion was denied. 14, Universal thoroughily investigated the Tam’s Burger incident to determine if Universal was in any way liable, Universal had reason to know that Sloan was armed when he assaulted Knight. Universal knew that Sloan assaulted Knight. Universal knew that the question of whether Sloan, Chris and Knob were armed was central to the Knight’s criminal case. Universal had reason to know that these men were armed. Knight is informed and believes that Universal paid for Sloan’s attorneys. Universal and Young knew in advance that the prosecution would provide Sloan with immunity. Universal and Young made arrangements and did cause to be paid $300,000 to Sloan at around the time of the Tam’s incident. Sloan was granted immunity at the point in the preliminary hearing where the topic of ‘guns were about to be addressed. When he testified, Sloan denied using a weapon during the assault. Universal and Young knew that Sloan’s testimony was untrue, Both Universal and Young have supported Sloan in his false testimony. Sloan's false testimony the proximate cause of Knight being charged and bound over for criminal trial. Neither Sloan, ‘Young or Universal have disclosed the truth regarding the planned, armed assault even though a man’s life and freedom depend upon it. Knight is falsely accused, Universal knows this and continues to remain silent. u ‘CROSS-COMPLAINT FOR DAMAGES 10 12 13, 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 Universal knows that because Sloan was armed and was the first initiator, Carter’s death is legally Sloan’s fault and ultimately Universal's by the operation of the felony murder rule. 15. Apple conducted its own investigation to determine whether its executive, Young, was in any way complicit in the armed assault at Tam’s Burgers. Apple was aware of the same information Universal possessed regarding the actual events at Tam’s Burgers. Apple has continued employing Young despite its knowledge of Young’s participation in the armed assault at Tam’s. Apple presently vouches for Young's good character despite this knowledge. 17. Universal and Apple were more concerned with avoiding civil liability that both corporations willingly ratified Young’s acts by acquiescing to Sloan's false testimony. By remai ing silent in the face of Sloan's false testimony, Apple and Universal and Young ensured that each would remain free from ci and or criminal penalties. CONVERSION Il. Incorporating by reference all prior paragraphs, Knight can prove that Young, Universal and Apple wrongfully exercised control over his money due from the Apple / Beats deal and the “Straight Outta Compton” film, Knight did not and does not consent. Knight was harmed and Young, Universal and Apple’s conduct was a substantial factor in causing Knight’s harm. Money can be an appropriate subject of an action for conversion because a specific sum is capable of identification here. NEGLIGENCE IIL. Incorporating by reference all prior paragraphs, Knight can prove he was harmed by Young, Apple, Universal and Sloan’s negligence. If Sloan was directed only to talk to Knight, he failed and acted negligently. Defendants actions, and all of them, were a substantial factor in causing Knight’s harm. Through Defendants’ negligence, Knight has 12 ‘CROSS-COMPLAINT FOR DAMAGES S © we aia Ml 12 13 14 15 16 7 18 19 20 2 2 23 24 25 26 27 28 been falsely accused, falsely arrested and falsely imprisoned. PREMISES LIABILITY IV. Incorporating by reference all prior paragraphs, Knight can prove that Tam’s Burgers was negligent in failing to use reasonable care to keep the property in reasonably safe condition. Tam’s did not acquire the nickname “Murder Burger” for nothing. Tam’s is a high crime area, with frequent fights, shootings and murders. Tam’s failed to hire and ‘maintain security at the restaurant in question and Knight was assaulted and battered as a result. ASSAULT AND BATTERY V. Incorporating by reference all prior paragraphs, Knight can prove that Sloan, Chris and Knob were armed at Tam’s and that Sloan and Chris’ actions especially put Knight in fear for his life. Knight can prove Sloan battered him repeatedly while armed. Knight has been falsely accused, falsely arrested and falsely imprisoned as a proximate result of the actions of these men. Sloan and Chris were Young’s agents and Young was agent to Universal and Apple during this time period. VICARIOUS RESPONSIBILITY VI. Incorporating by reference all prior paragraphs, Knight can prove that Universal is responsible for the harm caused by the wrongful conduct of Young, Sloan and Chris, while each were acting within the scope of their employment. Knight can also prove that Apple is responsible for the harm caused by Young’s wrongful conduct committed while he was acting within the scope of his employment. NEGLIGENT HIRING, RETENTION AND TRAINING VII. Incorporating by reference all prior paragraphs, Knight can prove that Universal failed to perform any due diligence with respect to Sloan’s security hires. Universal did not seek to investigate Sloan's background, nor any other hire Sloan made. Sloan hired 300 people, 100 of whom were gang members. Two of those gang member hires, Knob and Chris, were armed at Tam’s. Universal performed no due-diligence before permitting 13 ‘CROSS-COMPLAINT FOR DAMAGES 1 | Sloan's hires. Universal provided no written guidance, training or education to its agents regarding cr s negotiation, mediation, or conflict resolution, neither did it assure that 3] Sloan’s hires had any of these skills to begin with. Knight was harmed as set forth above by 4| Universal's failure to train Sloan, Knob and Chris. PRAYER DAMAGES, 6 7| VIL. Incorporating by reference all prior paragraphs, Knight is entitled to specific 8] monetary sums due him by action of the management contract described above. Knight is 9 | entitled to 30% of Young’s share of earnings from the Apple / Beats transaction and the 0] Universal film, “Straight Outta Compton.” Knight is also entitled to compensation caused 11 | by Universal, Apple, Young, Sloan and Chris’s wrongful conduct set forth herein in an 12 | amount to be proven at tial. 13 | PUNITIVE DAMAGES 14] VIL. Incorporating by reference all prior paragraphs Young, Sloan and Chris acted 15 | maliciously, despicably and with oppression as set forth above. Universal was aware of the 16 | malicious, despicable a jon for ions of its agents and employees and authorized such 17] its own benefit through acquiescence, silence, inaction, ratification and manipulati DATED: October 17, 2016 - 19 THADDEUS J. CULPEPPER Attomey for Marion “Suge” Knight 28 “4 ‘CROSS-COMPLAINT FOR DAMAGES:

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