1 Ethan Preston (263295)

PRESTON LA W OFFICES
2 4054 McKinney Avenue, Suite 310 ELECTRON ICALLY
Dallas, Texas 75204 FILED
3 (972) 564-8340 (telephone) Superior Court of California,
(866) 509-1197 (facsimile) County of San Francisco

4 ep@eplaw.us 07/12/2017
Clerk of the Court
5 [Additional Counsel Listed on Next Page] BY:JUDITH NUNEZ
Deputy Clerk

6 Attorneys for PlaintiffAngelica Cosio, on her own

behalf, and behalf of all others similarly situated
7

8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA

9 CITY & COUNTY OF SAN FRANCISCO
10

11

12

13 ANGELICA COSIO, an individual, on her No. CGC-16-551337

own behalf and on behalf of all others
14 similarly situated, DECLARATION OF ETHAN PRESTON
SUPPORTING PLAINTIFF ANGELICA
15 Plaintiff, COSIO'S MOTION FOR CLASS
CERTIFICATION
16 v.
The Honorable Curtis E.A. Karnow
17 INTERNATIONAL PERFORMING Department 304
ARTS ACADEMY, LLC, a California Civic Center Courthouse
18 limited liability company, BARBIZON 400 McAllister Street
SCHOOL OF SAN FRANCISCO, INC., a San Francisco California 94102
19 California corporation, LION
MANAGEMENT GROUP INC., a Date: To be determined
20 California corporation, ANTHONY Time: To be determined
LOUIS LIONETTI, LARRY D.
21 LIONETTI, LENA QUESADA Complaint Filed: April 6,2016
LIONETTI, LENA M. LIONETTI, and
22 DOES 1-100, inclusive,
Defendants.
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25

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28
Preston Declaration No. CGC-16-551337
 Randall B. Aiman-Smith (124599)
Reed W.L. Marcy (191531)
Hallie Von Rock (233152)
2 Carey A. James (269270)
Brent A. Robinson (289373)
3 AlMAN-SMITH & MARCY, P.C.
7677 Oakport Street, Suite 1150
4 Oakland, California 94621
(510) 817-2711 (telephone)
5 (510) 562-6830 (facsimile)
ras@asmlawyers.com
6 rwlm@asmlayers.com
hvr@asmlawyers.com
7 caj@asmlawyers.com
bar@asmlawyers.com
8
Zack Broslavsky (241736)
9 Jonathan A. Weinman (256553)
BROSLAVSKY & WEINMAN, LLP
10 1500 Rosecrans Ave., Suite 500
Los Angeles, California 90266
11 (310) 575-2550 (telephone)
(310) 464-3550 (facsimile)
12 zbroslavsky@bwcounsel.com
jweinman@bwcounsel.com
13
David C. Parisi (162248)
14 Suzanne Havens Beckman (188814)
PARISI & HAVENS LLP
15 212 Marine Street, Suite 100
Santa Monica, California 90405 (818)
16 990-1299 (telephone)
(818) 501-7852 (facsimile)
17 dcparisi@parisihavens.com
shavens@parisihavens.com
18
Attorneys for PlaintiffAngelica Cosio, on
19 her own behalf, and behalf of all others
similarly situated
20

21

22

23

24

25

26

27

28

Preston Declaration No. CGC-16-551337

 DECLARA TION OF ETHAN PRESTON SUPPORTING
PLAINTIFF ANGELICA COSIO'S MOTION FOR CLASS CERTIFICATION
2 1. My name is Ethan Preston. I am an attorney at law licensed to practice before all

3 of the courts of the State of California. I am counsel of record for Plaintiff Angelica Cosio

4 ("Cosio"), and have personal knowledge of the facts set forth in this declaration and could

5 competently testify thereto if called to do so, except where noted otherwise.

6 2. Defendants: This declaration relates to Cosio's motion for class certification as to

7 claims against Defendants International Performing Arts Academy, LLC ("IPAA"), Barbizon

8 School of San Francisco, Inc. ("Barbizon"), Lion Management Group, Inc. ("Lion"), Larry D.

9 Lionetti and Lena Q. Lionetti, (collectively, "Defendants"). Consistent with various documents

10 quoted below, Cosio collectively refers to IPAA and Lion as "IPAS."

11 3. Legislative History Material: On June 14,2017, a member of Cosio's litigation

12 team visited hlll21!~m!1tQ.JW.ill!!Jr~~QY, a public website maintained by the Legislative

13 Counsel Bureau of the California Legislature, and there accessed officiallegislative history

14 materials related to Assembly Bill No. 1319 from the 2009 to 2009 Regular Session of the

15 Legislature. On that date, that team member downloaded the Analysis of Assembly Bill No.

16 1319 as amended on April 15, 2009 that was prepared for the hearing of the Assembly

17 Committee on Arts, Entertainment, Sports, Tourism, and Internet Media to be held on April 28,

18 2009. That analysis document was downloaded from

20 a true and correct copy of the same is attached hereto as Exhibit A.

21 4. Federal Trade Commission FOIA Response: On or about October 16, 2016,

22 Cosio's counsel submitted a request for consumer complaints related to International Performing

23 Arts Academy, Hollywood Showcase, and Barbizon to the Federal Trade Commission under the

24 Freedom of Information Act. On October 25,2016, the FTC provided a response containing

25 three spreadsheets, one for each entity. Most of the complaints in the Barbizon spreadsheet were

26 not relevant to this case (often involving complaints about other Barbizon franchisees besides

27 Barbizon School of San Francisco, Inc. andlor telemarketing). Exhibit B to this Declaration

28 consists of a true and correct copy ofthe FTC's cover letter for its response, as well as a true and

Preston Declaration 2 No. CGC-16-551337

 correct copy of relevant data extracted from the FTC spreadsheets above, reformatted so that

2 data can be readily viewed in PDF format. The portions of Exhibit B regarding International

3 Performing Arts Academy and Hollywood Showcase include every consumer complaint that the

4 FTC produced, but Cosio's counsel restricted the portions of Exhibit B regarding Barbizon to

5 those complaints which Cosio's counsel identified as involving Barbizon School of San

6 Francisco, Inc. referring consumers to IP AS.

7 Cosio's Discovery and the Appendix

8 5. Cosio's First Set of Discovery Served on Lion: On July 19,2016, Cosio served

9 her first set of Demands for Production of Documents, Requests for Admission ("RF As"),

10 Special Interrogatories, and Form Interrogatories on Lion. A true and correct copy of these RF As

11 is attached to this Declaration as Exhibit C, except that it has been redacted to preserve the

12 privacy and anonymity of Cosio's child.

13 6. Appendix to Cosio's First Set ofRFAs: Exhibit C includes documents from

14 Defendants which Cosio marked as "Plaintiff s Appendix" ("Appendix") and paginated, and

15 Cosio's RF As cite to specific pages in the Appendix using that same pagination. Cosio

16 hereinafter cites to the documents within Appendix as "Appendix," and "App." using the same

17 pagination shown in Exhibit C.

18 7. Defendants' Website: Defendants maintain a website at http://talentshowcase.tv/

19 (the "Website"). The Website contains several material representations about IP AS's services:

20 "AUDITION TODAY" and "UPLOAD YOUR PHOTO AND BE SEEN BY

TOP AGENTS AND MANAGERS";
21

22
"HOLL YWOOD AGENTS, MANAGERS & CASTING DIRECTORS ARE
SEARCHING FOR YOU!";
23 "CALL FOR AN AUDITION (888) 493 1923";
24 "Call to learn more and set up an audition (888) 493 1923";
25 "Our Mission
For our conference to serve as one of the largest networking and resource
26 opportunities for industry professionals. To provide an exciting, professional,
courteous and safe environment in which models and/or talent will be
27 showcased."
28 (Ex. C at App. 9-12.) In addition, the Website contains a regulatory notice associating it with the

Preston Declaration 3 No. CGC-16-551337

 Defendant IP AA: "International Performing Arts Academy is registered and has met the

2 requirements set forth by the California Labor Commissioner and has posted a $50,000 bond

3 pursuant to Section 996.710 of the Civil Code Procedure [s.i.c.]. Surety Bond #57BSBGI70 17

4 [~] CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 22575-22579". (Id. at

5 App. 9, 12-13.)

6 8. On or about June 14,2017, I visited the Website and found a large button labeled

7 "VIDEO TOUR" at the top of the Website's homepage which links to an embedded video at

8 h1!~!J::lim~~1ill~'11Q2~. In that video, a young woman states the following:

9 Welcome to the International Performing Arts Showcase. Here at the Showcase,

they bring top models, actors, singers, and dancers to Los Angeles every year to
10 be showcased in front of the top licensed agents, managers, and casting directors.
My parents and I learned so much with all the amazing industry seminars. Paul
11 Mitchell and Motives Makeup [?] did my hair and make-up for the big run-way
day. And some of the most fun I had was making new friends and dancing at the
12 launch party in Jennifer Lopez's Congo Room. Get ready to fast-forward your
career.
13
Throughout the video, a large banner of text across the lower quarter of the screen displays the
14
text "AUDITION TODAY FOR HOLL YWOOD AGENTS AND MANAGERS" superimposed
15
over another banner that says "SHOWCASE" in the style of a marquee composed of lightbulbs.
16
9. The Website also offers visitors to "GET YOUR SHOT AT THE COVER [of
17
Supermodels magazine] ... Opportunity exclusively for SHOWCASE PARTICIPANTS." (Ex.
18
Cat App. 12.)
19
10. Welcome Letter: Defendants' discovery responses testify that Defendants gave a
20
"welcome letter" to Barbizon graduating students who appeared for their headshots. Cosio has
21
confirmed that the "welcome letter" contained in the Appendix is a true and correct copy of the
22
Brochure given to her by Defendants. (Declaration of Angelica Cosio in Support of Plaintiff
23
Angelica Cosio's Motion for Class Certification ("Cosio Dec."), filed herewith, at ~ 4; Ex. C at
24
App. 14.) This "welcome letter" is signed by the "Barbizon Education Department," and states,
25
in relevant part:
26
It is our goal at Barbizon to provide each student with the opportunity to try-out
27 for a leader in the entertainment industry, Ms. Kathleen Dewey, a Talent Scout for
the International Performing Arts Showcase (IPAS).
28
Preston Declaration 4 No. CGC-16-551337
 Ms. Dewey will be meeting with you and your family at the appointment time you
chose today. During your appointment, you will be viewing and receiving your
photo CD and for those of you who have qualified for IPAS through the IP AS try-
2 out, you will make arrangements to take the next step in the industry.
3 Parents are REQUIRED to be present at this appointment if you are under 18 or
living at home with your family.
4
You will receive a call regarding your IPAS try-out results, prior to your
5 appointment. Please make sure you and your family has fully read the entire
packet and materials provided, today ... after your try-out.
6
This opportunity only happens once and we are excited and pleased to have
7 Ms. Dewey here today.
8 (Ex. C at App. 14 (emphasis original).)

9 11. Defendant's Brochure: Defendants' discovery responses state that Defendants used a

10 brochure ("Brochure") to market IP AS's services. Cosio has confirmed that the Brochure

11 contained in the Appendix is a true and correct copy of the Brochure given to her by Defendants.

12 (Cosio Dec. at ~ 5; Ex. C at App. 15-26.) The Brochure made the following statement about

13 IPAS's services:

14 If selected, you will be traveling to Los Angeles to learn the latest in modeling,
acting and talent techniques, how to market yourself in the industry, and all the
15 in's and out's of the business from the leaders in this industry. You will also be
showcased before the top modeling and talent agents, managers, casting
16 directors/producers, film directors/producers, record labels and industry
professionals from the entertainment capital of the world, Hollywood.
17
You will meet, try-out for and interview with scores of modeling and talent agents
18 and managers during this showcase that you would never have an opportunity to
see otherwise. It is truly a once in a lifetime event for the potential model or
19 talent. In just a few days, you will have achieved what would ordinarily take years
of effort and tens of thousands of dollars!
20
Additionally, preparation workshops at the school to make sure you are ready to
21 make the most of this opportunity. The staff will supervise all aspects of your
preparation and assist your showcase.
22
(Ex. C at App. 16 (emphasis in original).)
23
12. The Brochure also stated that the "Showcase package includes: ... Enrollment in
24
five (5) Official Showcases/Auditions (based on selection by your Showcase talent scout [and]
25
Entrance to 'call back' room[.]"(Ex. C at App. 17.)
26
13. The Brochure also contained a list called "Top 10 Reasons to Attend the
27
Showcase," which made the following statements about IPAS's services:
28
Preston Declaration 5 No. CGC-16-551337
 You will be showcased before the best talent agencies and management
companies in HOLLYWOOD!
2 You will read for casting directors, producers and directors who are currently
working in the industry.
3
You will be exposed to VIPs that you could only dream about!
4
You could do what some of the industry'S working models and talent have
5 already done ... be showcased at Showcase.
6 The # 1 reason to be showcased at this event - You could be traveling the world as
THE NEXT TOP MODEL or a STAR!
7
(Ex. C at App. 20.)
8
14. The Brochure also made representations about IP AS's services in a question-and-
9
answer format:
10
Showcase Frequently Asked Questions
11
Q. Why is someone selected for the Showcase?
12
A. Our Talent Scouts must feel the model or talent possesses the potential to
13 be successful in the industry. Those accepted are placed in an elite group
that auditioned successfully for fashion modeling, commercial modeling,
14 TV commercials, television/film acting, singing and dancing, and they
receive an evaluation of their talent.
15
Q. What are the chances of starting a career in the modeling or talent industry
16 as a result of my participation in the Showcase?
17 A. It is the very best opportunity in this industry. Imagine having maximum
exposure to scores of the industries [sic] "A" list watching you perform.
18 Success is at its highest. It is up to the model or talent afterwards to follow
through with the agencies and managers who are interested in them.
19 Showcase staff, as well as your talent scout will assist with this ....
20 (Ex. C at App. 24.)

21 The Parties Meet and Confer Regarding Lion's Responses to the RFAs and Form
Interrogatory 17.1
22
15. On August 22,2016, Lion served responses to Cosio's RPDs, RFAs, Special
23
Interrogatories, and Form Interrogatories to Lion which are composed completely of objections.
24
16. Since August 22, Cosio met and conferred extensively with Lion regarding its
25
discovery responses.
26
17. Cosio Files a Motion to Compel: On November 29,2016 and January 20,2017,
27
Cosio circulated draft "one shot" briefs regarding Lion's responses to various discovery requests
28
Preston Declaration 6 No. CGC-16-551337
 which are relevant to class certification. After extensive additional efforts to meet and confer

2 with Defendants on these disputes, on March 16, 2017, Cosio filed a motion to compel further

3 responses to Cosio's RF As 8 to 13 and 41 and the corresponding portions of Form Interrogatory

4 No. 17.1 from Lion. A true and correct copy of the supporting memorandum for Cosio's motion

5 is attached to this Declaration as Exhibit D. The memorandum clearly explained the proper

6 interpretation of the relevant discovery, including RF As 8 to 13:

7 As Cosio explained in the meet and confer process, the phrase "since at least
April 6, 2012" makes it clear that these RFAs cover all IPAS's marketing
8 continuously throughout the class period.
9 Lion's December Responses misconstrue RFAs Nos. 8 and 13, stating in relevant
part: "Based on meet and confer with Plaintiff in which she states that this request
10 is intended to ask whether Lion has ever" made the corresponding representation
in RFAs Nos. 8 to 13. (Ex. 4 to Preston Decl. at pp. 11:15-16; 13:5-6; 14:22-23;
11 16:11-12; 17:16-17; 19:2-3 ("Ex. 4").) But Cosio's January 20 draft one shot brief
explicitly told Lion that it had misconstrued these RF As:
12
The Responses gravely mischaracterize Cosio's position in the meet
13 and confer. In the meet and confer process, Cosio specifically clarified
that she drafted [these] RFA[s] to cover all of IPAS's marketing
14 communications since April 6, 2012. [These RFAs] asks whether Lion's
marketing materials continuously contained the representation at issue,
15 not whether Lion ever used a particular brochure on specific and/or
isolated instances.
16
(Ex. 6 to Preston Decl. at p. 7: 15-19 ("Ex. 6").) Lion's misconstruction of RFAs
17 Nos. 8 to 13 renders them pointless-it is not meaningful to class certification if
Lion made these representations just once.
18
(Ex. D at p. 3:6-20 (emphasis in original).) With respect to Lion's denial ofRF A 41, Cosio's
19
March 2017 motion to compel indicated that Lion's response to the corresponding portion of
20
Form Interrogatory No. 17.1 was plainly incomplete:
21
[T]he November Response to Form Interrogatory No. 17.1 is woefully
22 incomplete. It plainly does not state "all facts" supporting Lion's denial of RF A
No. 41. In particular, while students "may be subject to additional and different
23 disclosures and disclaimers," Lion utterly fails to identify what different
disclosures apply to what "circumstances." ...
24
Further, it is clear that "Larry Lionetti and Lena Q. Lionetti" cannot be the only
25 persons with "knowledge of those facts" relating to the commonality of Lion's
marketing. (Cf. Ex. 5 at p. 8:20-21.) This answer patently contradicts other
26 portions of Lion's answer to Form Interrogatory No. 17.1 [discussing, e.g.,
Brandy Calderon, as well as] the Lion employees who actually conducted the try
27 outs (such as Karen Dewey) [who] would clearly have knowledge of whether and
when marketing materials were or were not distributed to Lion's customers. Yet,
28 Lion has not identified any such employees.
Preston Declaration 7 No. CGC-16-551337
 Further, Lion's November Response states "Defendants' internal procedures
prohibit any employee from making any representation that the company will
2 provide an audition for work in the entertainment industry, or as a means to
secure a talent agent or manager." (Jd. at p. 7:18-21.) If the Lionettis were the
3 only people who knew about these alleged policies, it is fair to say they were not
policies at all.
4
Certainly, Lion's answer provides no indication that the terms and representations
5 of its marketing ever deviated from the Marketing Material that Cosio received.
6 (Ex. D at pp. at 6: 12-7:5; 11 :4-5. See also, id. 7: 1-25.)

7 18. The Parties Attend an Informal Conference: On April 14, 2017, the parties

8 attended an informal conference with the Court concerning these issues. During that informal

9 conference, Cosio indicated that she needed complete answers to this discovery which complied

10 with the Civil Discovery Act in order to proceed with class certification, and Defendants'

11 counsel committed to serving RF A responses that eliminated the improper disqualifying

12 language cited in the Cosio's March 2017 motion to compel. It is my understanding that Cosio

13 agreed to withdraw her pending motion to compel only after Defendants made this commitment.

14 Lion's Amended Responses to the RFAs and Form Interrogatory 17.1

15 19. Lion's Amended Responses to Cosio's RFAs: On April 24, 2017, Lion served

16 amended responses to RFAs 8 to 13. A true and correct copy of Lion's April 2017 responses to

17 Cosio's RF As is attached to this Declaration as Exhibit E.

18 20. Lion's Admissions Regarding the Brochure: Lion's responses contain the

19 following admissions:

20 REQUEST FOR ADMISSION NO.8:

Defendant Lion Management Group Inc. is requested to admit that:
21 Since at least April 6, 2012, IPAS has represented that IPAS's showcase
was the best opportunity to start a career in the modeling or talent industry.
22
AMENDED SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION
23 NO.8:
24

25 a brolchlure
which contains a "Showcase Frequently Asked VUlestloflS: u

26 talent service answers the question: "What are the of starting a

career in the modeling or talent industry as a result of my participation in the
27 Showcase'?" with the answer: "It is the very best opportunity in this industry.
Imagine having maximum exposure to scores of the industries 'A' list watching
28 you perform. Success is at its highest. It is up to the model or talent afterwards to
Preston Declaration 8 No. CGC-16-551337
 follow through with the agencies and managers who are interested in them.
Showcase staff, as well as your talent scout will assist with this."
2 REQUEST FOR ADMISSION NO.9:
Defendant Lion Management Group Inc. is requested to admit that:
3 Since at least April 6, 2012, IPAS has represented that IP AS customers are
placed in an elite group that auditioned successfully for fashion modeling,
4 commercial modeling, TV commercials, television/film acting, singing and
dancing.
5
AMENDED SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION
6 NO.9:
7

8
a bro,:;hUJre
9 which contains a "Showcase Frequently Asked Questions:" page in
service answers the question: "Why is someone selected for the
10 Showcase?" with the answer: "Those accepted are placed in an elite group that
auditioned successfully for fashion modeling, commercial modeling, TV
11 commercials, television/film acting, singing and dancing, and they receive
evaluation of their talent."
12
REQUEST FOR ADMISSION NO. 10:
13 Defendant Lion Management Group Inc. is requested to admit that:
Since at least April 6, 2012, IP AS has represented that IP AS customers
14 will be showcased before the top modeling and talent agents, managers, casting
directors/producers, and film directors/producers.
15

16

17

18
a Showcase,
19 since at least April 6, 2012, that contains the statement: "If selected, you will be
traveling to Los Angeles to learn the latest in modeling, acting and talent
20 techniques, how to market yourself in the industry, and all the in's and out's of
the business from the leaders in this industry. You will also be showcased before
21 the top modeling and talent agents, managers, casting directors, film
directors/producers, record labels and industry professionals from the
22 entertainment capital of the world, Hollywood."
23 REQUEST FOR ADMISSION NO. 11:
Defendant Lion Management Group Inc. is requested to admit that:
24 Since at least April 6, 2012, IP AS has represented that IP AS customers
will read for casting directors, producers and directors who are currently working
25 in the industry.
26
27

28
Preston Declaration 9 No. CGC-16-551337
 Ueterldants have used a brochure advertising Showcase,
since at least April 6, 2012, that has a "Top 10 Reasons to Attend the Showcase!"
2 section which states under reason number 8: "You will read for casting directors,
producers and directors who are currently working in the industry."
3
REQUEST FOR ADMISSION NO. 12:
4 Defendant Lion Management Group Inc. is requested to admit that:
Since at least April 6, 2012, IP AS has represented that IP AS customers
5 will meet, try-out for and interview with scores of modeling and talent agents and
managers.
6

9
Defendants have used a brochure advertising Showcase,
10 since at least April 6, 2012, that contains the statement: "You will meet, try-out
for and interview with scores of modeling and talent agents and managers during
11 this showcase that you would never have an opportunity to see otherwise."
12 REQUEST FOR ADMISSION NO. 13:
Defendant Lion Management Group Inc. is requested to admit that:
13 Since at least April 6, 2012, IPAS offered IPAS customers enrollment in
Official Showcases/Auditions.
14

15

16

17 Lion admits that Barbizon graduates are offered an opportunity to attend

the Showcase networking event, and that Defendants have used a brochure
18 advertising Showcase, since at least April 6, 2012, that contains the statement:
"Your Showcase package includes: . . . Enrollment in five (5) Official
19 Showcases/Auditions (based on selection by your Showcase talent scout [sic.]"
20 (Ex. Eat pp. 10:8-19:9 (bold omitted, other emphasis and coloration original).) Notably, each of

21 the foregoing representations is included in the Brochure. (Cj Ex. C at App. pp. 16, 17,20,24.)

22 21. Lion's April 2017 responses to the RFAs deny also RF A 41 :

23 REQUEST FOR ADMISSION NO. 41 :

Defendant Lion Management Group Inc. is requested to admit that:
24 Since at least April 6, 2012, IP AS gave all its customer documents
containing the same terms and representations as the documents labeled as pages
25 14 to 26 of the attached appendix (excluding any hand-written notes and
differences in IPAS employee names and showcase dates).
26
SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION NO. 41:
27 Subject to the foregoing specific and general objections, Defendant admits
that all of its contracts for talent services are in writing and contain the language
28 required by Labor Code section 1703, and further avers that some customers were
Preston Declaration 10 No. CGC-16-551337
 signed up using Lion's form of agreement and some using IPAA's form of
agreement, which have variations. Except as expressly admitted herein, Defendant
denies the remainder of this request.
2
AMENDED SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION
3 NO.41:
Based on meet and confer and Plaintiff s explanation that she seeks an
4 admission that Lion gave all of its customers a copy of pages 14 to 26 of the
attached appendix, Defendant denies this request.
5
(Ex. Eat pp. 43:25-44:26.) Lion's responses to the RFAs indicate these are Defendants' only
6
contracts with its customers: "Defendant admits that all of its contracts for talent services are in
7
writing and contain the language required by Labor Code section 1703, and further avers that
8
some customers were signed up using Lion's form of agreement and some using IPAA's form of
9
agreement, which have variations." (See, Ex. E at p. 44: 18-21.)
10
22. Lion's Admissions Regarding the Website: Lion's April 2017 responses to the
11
RF As also provide qualified admissions regarding the Website's content:
12
REQUEST FOR ADMISSION NO. 35:
13 Defendant Lion Management Group Inc. is requested to admit that:
The document labeled as page 9 of the attached appendix is a true and
14 correct copy of an image file available on IP AS's website at
http://talentshowcase.tv/.
15
SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION NO. 35:
16 Subject to the foregoing specific and general objections, Defendant admits
the image file is an image that has been used on the website at
17 http://talentshowcase.tv/., but denies that this image, taken alone, accurately
reflects the website and what customers experience when they visit the site.
18
REQUEST FOR ADMISSION NO. 36:
19 Defendant Lion Management Group Inc. is requested to admit that:
The document labeled as page 10 of the attached appendix is a true and
20 correct copy of an image file available on IP AS's website at
http://talentshowcase.tv/.
21
SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION NO. 36:
22 Subject to the foregoing specific and general objections, Defendant admits
the image file is an image that has been used on the website at
23 http://talentshowcase.tv/., but denies that this image, taken alone, accurately
reflects the website and what customers experience when they visit the site.
24
REQUEST FOR ADMISSION NO. 37:
25 Defendant Lion Management Group Inc. is requested to admit that:
The document labeled as page 11 of the attached appendix is a true and
26 correct copy of an image file available on IPAS's website at
http://talentshowcase.tv/.
27
SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION NO. 37:
28 Subject to the foregoing specific and general objections, Defendant admits
Preston Declaration 11 No. CGC-16-551337
 the image file is an image that has been used on the website at
http://talentshowcase.tv/., but denies that this image, taken alone, accurately
reflects the website and what customers experience when they visit the site.
2
REQUEST FOR ADMISSION NO. 38:
3 Defendant Lion Management Group Inc. is requested to admit that:
The document labeled as page 12 of the attached appendix is a true and
4 correct copy of webpage available on IPAS's website at http://talentshowcase.tv/.
5 SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION NO. 38:
Subject to the foregoing specific and general objections, Defendant admits
6 that page 12 reflects a webpage that has been used in connection with the website
at http://talentshowcase.tv/.
7
REQUEST FOR ADMISSION NO. 39:
8 Defendant Lion Management Group Inc. is requested to admit that:
The document labeled as pages 12 to 13 of the attached appendix is a true
9 and correct copy of webpage available on IP AS's website at
http://talentshowcase.tv/.
10
AMENDED SUPPLEMENTAL RESPONSE TO REQUEST FOR ADMISSION
11 NO. 39:
Subject to the foregoing specific and general objections, Defendant admits
12 that page 12 to 13 of the attached appendix is a true and correct copy of webpage
available on IPAS's website at http://ta1entshowcase.tv/.
13
(Ex. Eat pp. 38:22-43:4 (bold omitted, other emphasis original).)
14
23. Lion's Amended Response to Cosio's Form Interrogatory 17.1: On April 24,
15
2017, Lion served amended responses to Cosio's Form Interrogatory 17.1. A true and correct
16
copy of Lion's April 2017 response to Form Interrogatory 17.1 is attached to this Declaration as
17
Exhibit F. Cosio's Form Interrogatory 17.1 reads:
18
FORM INTERROGATORY NO. 17.1:
19 Is your response to each request for admission served with these Interrogatories
an unqualified admission? If not, for each response that is not an unqualified
20 admission:
21 (a) state the number ofthe request;
22 (b) state all the facts upon which you base your response;
23 (c) state the name, ADDRESS, and telephone number of all PERSONS who have
knowledge of those facts; and
24
(d) identify all DOCUMENTS and other tangible things that support your
25 response and state the name, ADDRESS, and telephone number of the PERSON
who has each DOCUMENT and thing.
26
(Ex. F at pp. 2:23-3:5.) Lion's April 2017 response contains a verified statement regarding the
27
forms of contracts used in Defendants' business:
28

Preston Declaration 12 No. CGC-16-551337

 Since April ~ 2013 to present, all artists using Lion's talent services have been
"signed up" using Lion's form of agreement; however, due to a mistake, Cosio,
and a handful of others, were signed up using IP AA' s contract. The services were
2 not provided by IP AA, and the Los Angeles event she attended - Winter 2014
Showcase -, was not operated by IPAA. As such, Cosio's contract is different
3 than the majority of other participants of the program from ~ 2013 to present.
4 (ld. at pp. 5:25-6:2.) Lena Q. Lionetti verified that the statements in the April 24, 2017 response
5 to Fonn Interrogatory 17.1 are true and correct under penalty of perjury. (Id. at p. 12.)

6 24. Lion's April 2017 response to F onn Interrogatory 17.1 contains a verified

7 statement regarding contracts allegedly signed by Defendants' customers:

8 Before the filing of this action, Lion maintained hard copy records in its Seattle
office of documents signed by all Showcase participants (including Cosio)
9 attending the L.A. event, including copies of releases by Showcase participants
(for any physical injury occurring at the event) and disclaimers executed by
10 Showcase participants representing as follows: "NO PERSON HAS TOLD YOU
OR LED YOU TO BELIEVE THAT HS OR ANY MEMBER WOULD
11 PROVIDE ANY SERVICES INCLUDING ANY POTENTIAL EMPLOYMENT
FOR YOU IN CONNECTION WITH THE SHOWCASE ... " and "I am fully
12 aware that my attendance and participation at the HS showcase is a learning
experience and that no promises of a job or agent signing have been made to me
13 or my parents by my school/training location/agency or its Directors or affiliated
representatives or by HS." In January 2016, however, Zynn Jones, National
14 Education Director, who operates out of the Seattle office, without pennission or
warning, destroyed the hard copies of these records. Ms. Jones' computer has
15 been retrieved and forensically imaged and Defendant is investigating what
records, if any, can be retrieved from this computer. After learning of Ms. Jones'
16 actions, Defendant has changed its procedure and now maintains copies of these
releases and disclaimers at its San Francisco office.
17
(Ex. F at p. 9:2-16.)
18
25. Lion's April 2017 response contains a verified statement answer to Fonn
19
Interrogatory 17.1 concerning its Lion's response to Cosio's RF A 41:
20
Appendix 14, "welcome letter" is given out only to Barbizon graduating students
21 who show up for their headshots. Many Barbizon graduating students do not go to
their Headshot appointment and thus never get an opportunity to receive
22 Appendix 14. Also, some Showcase attendees enroll directly into the Showcase
program and therefore never get pages 14 to 26 of the attached appendix.
23 Moreover, the "welcome letter" is varied depending on the identity of the Talent
Scout who will be hosting the try out. Appendix 15-26 is available only to
24 Barbizon graduating students who show up for their headshots and also stay for a
Showcase try out, which is held after the headshots are done. Many Barbizon
25 graduating students leave after headshots and thus do not have an opportunity to
receive Appendix 15-26. For those Barbizon graduating students that both attend
26 headshots and stay for the showcase try out, they may get a copy of Appendix 15-
26 at the try out for Showcase, though there is no established procedure to ensure
27 that they do. Moreover, following the try-outs, there are often a number of copies
of Appendix 15-26 that have been left behind by Barbizon graduating students so
28 it is unclear who ultimately receives a copy of Appendix 15-26. Additionally,
Preston Declaration 13 No. CGC-16-551337
 Barbizon graduating students who receive a copy of Appendix 14-26 may never
sign a contract with Defendants to attend Showcase.
2 (Ex. F at p. 11:3-21.)

3 Defendants' Responses to Cosio's Special Interrogatories and DPDs

4 26. Lion's Special Interrogatory Responses: On March 31, 2017, Lion served an

5 amended response to Cosio's first set of Special Interrogatories. A true and correct copy of

6 Lion's March 31 response to the Special Interrogatories is attached to this Declaration as Exhibit

7 G, except that it has been redacted to preserve Cosio's financial privacy and the privacy of

8 Cosio's child.

9 27. The March 31 response makes verified statements about Lion's records, including

10 "Lion generally maintains copies of its business records, including marketing material; talent

11 service contracts ... payment records; showcase directories .... scripts and presentations

12 (including video); ... and various other miscellaneous records related to its rendition of

13 services[.]" (Ex. G at p. 7:24-8:3.) The March 31 response also contains a screenshot showing

14 that Defendants maintain a payment database which contains payors' mailing addresses

15 (including city and state), as well as the dates and amounts paid. (Id. at p. 9:1-17.) Lena Q.

16 Lionetti verified that the statements in the March 31, 2017 response are true and correct under

17 penalty of perjury. (Id. at p. 13.)

18 28. Lion's DPD Responses: On or about December 16,2016, Lion produced

19 documents for the first time. After an additional meet and confer process, Lion made

20 supplemental productions in February 2017. Most of the documents in Lion's productions are

21 Bates-stamped pdf files, whose filename is the corresponding Bates-stamp. After an additional

22 meet and confer process, on March 17, 2017, Lion served an amended response to Cosio's

23 DPDs, i.e., the written statements about Lion's production required under Code of Civil

24 Procedure section 2031.210, et. seq. A true and correct copy of Lion's March 17 response to the

25 DPDs is attached to this Declaration as Exhibit M. (Cosio disputes that Lion's response complies

26 with the Code of Civil Procedure.)

27 Defendants' Document Production

28 29. Defendants' Brochure: Defendants produced a high-quality version of the

Preston Declaration 14 No. CGC-16-551337

 brochure received by Cosio, Bates-stamped LION00450-LION00461. A true and correct copy of
2 the brochure produced by Defendants is attached as Exhibit H.
3 30. Defendants' Contracts: Defendants produced form contracts used to contract
4 with the Class Members, Bates-stamped LION00349-LION00352, LION00939-LION00940, and
5 LION00996-LIONOI009, and provided separately as files named "IPAS_CA_FEB13.pdf', and
6 "IPAS_CA_JuneI4 (2).pdf'. These contracts correspond with Defendants Summer 2012,
7 Summer 2013, Winter 2013, Summer 2014, Winter 2014, Winter 2015, and Winter 2016
8 showcases. True and correct copies of these contracts as produced by Defendants are collectively
9 attached to this Declaration as Exhibit I and sequenced in order of ascending Bates-stamp.
10 31. Cosio has confirmed that LION00349-352 is a true and correct copy of the
11 contract she signed. (Cosio Dec. at ~ 6.)
12 32. Each of Defendants' contracts offers benefits including "[p]erformance in up to 5
13 showcases of the artist['s] choice" and inclusion of customers' headshots in the Talent
14 Directories "distributed to Industry Professionals". (See, e.g., Ex. I at p. LION00349 (half-way
15 down the page under heading that begins, "IPAS will provide the artist ... ").) Defendants'
16 contracts each describe Defendants' showcases as "the largest networking and resource
17 opportunity for industry professionals- agents, managers, casting directors, choreographers and
18 record executives." (See, e.g., id. at p. LION00350 (below document title).)
19 33. Defendants' Talent Directories: As previously noted above, the Appendix
20 contains the Talent Directory published by Defendant for the Winter 2014 showcase. (Ex. C at
21 App. pp. 30-97.) In addition, Defendants produced six Talent Directories, which Defendants
22 published in connection with their Summer 2012, Winter 2012, Winter 2013, Summer 2014,
23 November 2015, and November 2016 showcases. These Talent Directories were bates stamped
24 LION00511-LION00574 (Summer 2012), LION00575-LION00634 (Winter 2012), LION00790-
25 LION00853 (Winter 2013), LION00635-LION00706 (Summer 2014), LION00854-LION00921
26 (Nov. 2015), and LION00707-LION00789 (Nov. 2016). True and correct excerpts of these
27 additional Talent Directories as produced are collectively attached to this Declaration as Exhibit
28 J, and sequenced in order of ascending Bates-stamp. The Talent Directories describe Defendant's
Preston Declaration 15 No. CGC-16-551337
 showcase "as one of the largest networking and resource opportunities available for aspiring

2 industry professionals" and state that Defendants' mission is:

3 to provide a venue for talented models, performers and others who are ready to
meet industry professionals and pursue entertainment careers. Showcase talent
4 directors hold nationwide auditions, searching for qualified talent to be invited to
our showcase. This Los-Angeles-based event hosts over 40 top professionals
5 currently working with actors, singers, dancer and models.
6 (See, id. at pp. LION00515; LION00579; LION00792; LION00637; LION00856; and
7 LION0071O. See also, Ex. Cat App. 32.) Each ofthe Talent Directories expressly ties attendance

8 at the showcase to a professional career in the entertainment industry: "Professionals from the

9 worlds of modeling, acting, singing and dancing will be joining us to see our talent. ... Many

10 Showcase alumni have gone on to build substantial careers in entertainment." (See, Ex. J at pp.

11 LION00514; LION00578; LION00793; LION00638; LION00857; and LION00711. See also,

12 Ex. Cat App. 33.)

13 34. I have taken a rough count of the names and headshots included in these Talent

14 Directories, and based on that count, I estimate that the Talent Directories contain the names and

15 headshots of approximately 1,900 individuals. (See, Ex. J at pp. LION00529- LION00538;

16 LION00543- LION00564; LION00593- LION00599; LION00605-LION00624; LION00808-

17 LION00816; LION00822-LION00843; LION00653- LION00663; LION00668-LION00695;

18 LION00872-LION00878; LION00884-LION00910; LION00727- LION00736; LION00741. See

19 also, Ex. C at App. pp. 48-87.) Four of the Talent Directories (accounting for approximately
20 1200 individuals) also list the individual's home city. (See, Ex. J at pp. LION00529-

21 LION00538; LION00543- LION00564; LION00653- LION00663; LION00668-LION00695;

22 LION00872-LION00878; LION00884-LION00910; LION00727- LION00736; LION00741.)

23 By my rough count, approximately thirty percent of the individuals in these Talent Directories

24 list a residence in a city inside California-so there are at least two hundred (and probably closer

25 to five hundred) members of the Class.

26 35. Defendants' November 2016 Talent Directory: Defendants' November 2016

27 Talent Directory contains relevant statements:

28 DISCLAIMER:
Preston Declaration 16 No. CGC-16-551337
 SHOWCASE IS NOT AN AUDITION FOR EMPLOYMENT. ONLY A
TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE
LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING,
2 OFFERING, PROMISING, OR ATTEMPTING TO PROCURE
EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. OUR COMPANY IS
3 PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN
AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU
4 WITH TRAINING.
5 (Ex. J at p. LION00708.) "This is not an audition for employment or for obtaining a talent agent

6 or talent management. Showcase is an educational and learning event." (Id. at p. LION00710.)

7 36. Industry Professional Agreements: Defendants produced the form contracts it

8 used to contract with Industry Professionals for their Summer 2011, Winder 2012, Summer

9 2012, Winter 2013, Summer 2013, Winter 2014, Summer 2014, Winter 2015, Fall 2015, and Fall

10 2016 showcases. These Industry Professional Contracts were Bates-stamped LION00463-

11 LION00475 (Winter 2013; Winter 2014; Winter 2015; Summer 2013; Summer 2014; Fall 2015;

12 Fall 2016), LION00993-LION00995 (Summer 2011, Summer 2012), and LION01010 (Winter

13 2012). True and correct copies of these Industry Professional Contracts as produced by

14 Defendants are collectively attached as Exhibit K and sequenced in order of ascending Bates-

15 stamp. Under each of these Industry Professional Contracts, the Industry Professional "represents

16 and warrants to SHOWCASE that [he] has the power and authority to sign, cast, hire, scout or

17 screen new talent for the IP Entity and 1P has the permission of IP Entity to attend the Event on

18 behalf of IP Entity." (See, id. at pp. LION00464 at ~ 1; LION00466 at ~ 1; LION00468 at ~ 1;

19 LION00470 at ~ 1; LION00472 at ~ 1; LION00474 at ~ 1; LION00476 at ~ 1; LION00993 at ~ 1;

20 LION00995 at ~ 1; and LIONOI010 at ~ 1.)

21 37. Video: In response to Plaintiffs Request for Production of Documents, Defendant

22 LION produced a 4 minute, 38 second video Bates Stamped LION00493. At minutes 1: 13 1:29,

23 the video's Narrator states: "The Program Book is like the Showcase yearbook. Everyone that's

24 here will be in it. Your picture, your division number, and some other information about you.

25 And that's the first thing agents and managers look at when they arrive here at Showcase.

26 They're shopping for new talent and this is their catalogue."

27 Class Counsel Is Adequate

28 38. I have been practicing law since I graduated from the Georgetown University Law

Preston Declaration 17 No. CGC-16-551337

 Iltl~;att~a numerous COITlpleX consumer actlorlS on

I was a no.-tn., ..

I-'rF,,,tcHl Law as

and v.
Ct. San l:' ranC1SCO A true and correct copy

attached
40, Pursuant to I-'r()ceaulre section 20 I

nt"'!!Ir'" under the laws

20]7
 INDEX OF EXHIBITS TO
2 DECLARATION OF ETHAN PRESTON
3 DESCRIPTION
4 A Assem. Com. on Arts, Entertainment, Sports, Tourism,
and Internet Media., Analysis of Assem. Bill No. 1319 as
5 amended April 15,2009 (2009-2010 Reg. Sess.) April 28,
6
2009
B Excerpts of Federal Trade Commission Response to
7 Cosio's October 25,2016 FOIA Request
C Cosio's RF As with Appendix
8
D Cosio's Motion to Compel MPA
9 E Defendants' RF A Responses
F Defendants' Form Interrogatory Responses
10 Defendants' Special Interrogatory Responses
G
11 H Defendants' Brochure as Produced (LIONOO450-
LION00461)
12 I Defendants' Contracts as Produced (LION00349-
13 LION00352, native Winter 2014 contract,
LION00939-LION00940, LION00996-LIONOI009,
14 "IPAS CA FEB 13.pdf', "IPAS CA June14 (2).pdf')
J, Part 1 Excerpts of Defendants' Talent Directories as
15 Produced (LION00511-LIONOO711)
16 J, Part 2 Excerpts of Defendants' Talent Directories as
Produced (LION00713-LION00796)
17 J, Part 3 Excerpts of Defendants' Talent Directories as
Produced (LION00802-LIONOO867)
18
J, Part 4 Excerpts of Defendants' Talent Directories as
19 Produced (LION00868-LION00921)
K Defendants' Industry Professional Agreements as
20
Produced (LION00463-LION00478; LION00993-
21 LION00995; LIONOIOIO)
L Preston Law Offices Firm Resume
22 M Defendants' Demand for Production Responses
23
24
25
26
27
28