Jane Doe 15

1 Robert Hamparyan (State Bar No. 181934) HAMPARYAN INJURY LAWYERS, APC 2 275 W. Market Street San Diego, CA 92101 3 t. 619.550.1355 4 e. robert@hamparyanlawfirm.com 5 John J. O’Brien (State Bar No. 253392) THE O’BRIEN LAW FIRM, APLC 6 750 B Street, Suite 3300 San Diego, CA 92101 7 t. 619.535.5151 8 e. john@theobrienlawfirm.com 9 Brian M. Holm (State Bar No. 255691) HOLM LAW GROUP, PC 10 12636 High Bluff Drive, Suite 400 San Diego, CA 92130 11 t. 858.707.5858 12 e. brian@holmlawgroup.com 13 Attorneys for Plaintiffs 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF SAN DIEGO 16 17 18 19 20 21 22 23 24 25 26 27 JANE DOE NOS. 1 - 22, inclusive, individuals; Plaintiffs, v. GIRLSDOPORN.COM, a business organization, form unknown; MICHAEL J. PRATT, an individual; ANDRE GARCIA, an individual; MATTHEW WOLFE, an individual; BLL MEDIA, INC., a California corporation; BLL MEDIA HOLDINGS, LLC, a Nevada limited liability company; DOMI PUBLICATIONS, LLC, a Nevada limited liability company; EG PUBLICATIONS, INC., a California corporation; M1M MEDIA, LLC, a California limited liability company; BUBBLEGUM FILMS, INC., a business organization, form unknown; OH WELL MEDIA LIMITED, a business organization, form unknown; MERRO MEDIA, INC., a California corporation; MERRO MEDIA HOLDINGS, LLC, a Nevada limited liability company; and ROES 1 - 550, inclusive, Defendants. LEAD CASE: Case No.: 37-2016-00019027-CU-FR-CTL CONSOLIDATED WITH: Case No.: 37-2017-00033321-CU-FR-CTL Case No.: 37-2017-00043712-CU-FR-CTL DECLARATION OF PLAINTIFF JANE DOE NO. 15 IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANT DOMI PUBLICATION LLC’S SPECIAL MOTION TO STRIKE [CCP §425.16] Date: Time: Judge: Location: August 31, 2018 9:00 a.m. Hon. Joel R. Wohlfeil C-73 28 DECLARATION OF JANE DOE NO. 15 DocuSign Envelope ID: 324B4A0B-E52E-4BF5-A8F1-51D6999FDEE3 DECLARATION OF JANE DOE NO. 15 1 2 3 I, Jane Doe No. 15, hereby declare as follows: 1. I am over 18 years old and have personal knowledge of each fact stated in this 4 declaration. If called as a witness in this action, I could and would competently testify as 5 follows. 6 2. On or about February 18, 2016, I responded to an advertisement posted on Craigslist that 7 purported to be for “modeling.” I was directed to view www.beginmodeling.com. I 8 visited that website and it did not mention pornography at all. Instead, it featured fashion 9 models for still framed photography. I responded to the advertisement saying I was 10 interested. A true and correct copy of the website www.beginmodeling.com that I visited 11 is attached hereto as Exhibit A. 12 3. On February 19, 2016, I got an email from “Jonathan N” from the email address 13 jobs@beginmodeling.com. A true and correct copy of this email is attached hereto as 14 Exhibit B. 15 4. A few days later, I spoke to “Jonathan” on the telephone for about one hour. During this 16 conversation, “Jonathan” told me I would be paid $5,000 to film five sexual positions, 17 which would each take five to seven minutes to film. I asked Jonathan several times on 18 the phone whether the video would be posted on the Internet and he assured me each time 19 that it would not. Instead, he told me the video would be distributed on DVD in Australia, 20 United Kingdom and some other countries outside of the United States. Jonathan also 21 told me that he would provide references with whom I could speak to answer any of my 22 questions. 23 5. On February 24, 2016 at 7:22pm and 7:23pm, I received two emails from Jonathan at the 24 job@beginmodeling.com email address providing names and phone numbers for 25 references named “Amberlyn” and “Kaitlin” (although I later learned her name was 26 spelled “Kailyn”). True and correct copies of these emails are attached hereto as Exhibit 27 C. Jonathan never told me that he was paying these women to act as references or that he 28 had coached them what to say. 1 DECLARATION OF JANE DOE NO. 15 DocuSign Envelope ID: 324B4A0B-E52E-4BF5-A8F1-51D6999FDEE3 6. On February 24, 2016 at 7:29pm, I received a text message from “Amberlyn”. A true 1 and correct copy of that text message is attached hereto as Exhibit D. 2 7. I also received a text message from 480-510-**** that same night, which is the same 3 4 phone number Jonathan provided for Kailyn in his email earlier. I asked Kailyn several 5 questions about the distribution of the videos. Kailyn told me the videos would never be 6 posted online. When I told her I could not have anyone find out about the videos, Kailyn 7 said “there is absolutely no way anyone will find out.” When I told Kailyn that Jonathan 8 told me the videos would be distributed on DVD in Australia, Kailyn stated, “Yeah so it 9 goes out to wealthier countries; yea DVDs and stuff like that but nothing online!” True 10 and correct copies of the text messages I exchanged with Kailyn and a screenshot of the 11 contact for “Kaylin” that is in my phone are hereto as Exhibit E. 8. Prior to flying to San Diego, in addition to text messaging and speaking with Jonathan on 12 13 the phone, I also video conferenced with Jonathan via FaceTime. The person depicted in 14 the picture attached hereto as Exhibit F looks like the person I video-conferenced with. I 15 have been informed and believe that the picture is defendant Michael Pratt. 9. On February 28, 2016, I flew to San Diego. I arrived around 8:30 am. My return flight 16 was scheduled for 7:45 pm that same day. My itinerary is attached hereto as Exhibit G. 17 10. When I landed, nobody came to pick me up as I had discussed with Jonathan the prior 18 19 day. I called the phone number I had for Jonathan (whom I know believe to be defendant 20 Michael Pratt) several times but he did not answer. Eventually I was picked up by an 21 Asian man who called himself Teddy. We drove around while Teddy tried to contact 22 Jonathan. During that time, I spoke with Teddy about the distribution of the video. He 23 told me the videos would not be online and even mentioned how he liked the authenticity 24 of making a hard copy version because online pornography seemed so cheap to him. I 25 have a vivid recollection of him saying this because I thought it was extremely unusual. 26 Around 1:00 pm, Teddy took me to a hotel, and then to a second hotel. 27 /// 28 /// 2 DECLARATION OF JANE DOE NO. 15 DocuSign Envelope ID: 324B4A0B-E52E-4BF5-A8F1-51D6999FDEE3 1 11. When I got in the room, it was just me and Teddy. A makeup artist came into the room 2 and did my makeup. Andre Garcia (the actor) eventually came in the room, but 3 immediately went to the bathroom and it sounded like he began vomiting. After coming 4 out of the bathroom Andre Garcia and Teddy provided me with paperwork they said I 5 needed to sign. Andre Garcia told me the documents said the video would not be online, 6 and would only be on DVD, which would be sent to countries outside of the United 7 States. I asked again if my name would ever be released and he confirmed that it would 8 not. Teddy also told me during this time that the video would not be posted on the 9 Internet and would be distributed outside the of the United States. They told me I needed 10 to fill out the contract quickly because the shoot would take several hours—despite the 11 previous representations that it would be 30 minutes of filming—and my return flight 12 was only a few hours away. 13 12. When the filming was over, I got in an Uber to get to the airport. They paid me $2,000 14 less than I was promised prior to flying to San Diego. When I told Johnathan via text 15 message that I felt taken advantage of because they had promised me more money before 16 they had flown me to San Diego, and because they forced me to do far more than what 17 they had represented, Jonathan told me: Yeah you’re bruised up I can’t have that. 18 Honestly .. My partner and I were not very impressed with the photos. You have bruises 19 over your body and cuts on your wrists and arms. 20 13. Photos is one thing, in person is another. You were paid very well. $3,000 is about 4x 21 more than the regular pay girls get, you were also offered a solo tomorrow for $1,000. 22 Attached hereto as Exhibit H are true and correct copies of the text messages between 23 Jonathan and I. 24 14. About a month later, my video was published all over the Internet, including on 25 www.girlsdoporn.com and www.girls-do-porn.com. My friends and family were all sent 26 links of the video. Once the videos were released, I sent a text message to Kailyn telling 27 her that she had lied to me. She never responded. A true and correct copy of the text 28 message is attached hereto as Exhibit I. 3 DECLARATION OF JANE DOE NO. 15 DocuSign Envelope ID: 324B4A0B-E52E-4BF5-A8F1-51D6999FDEE3 1 I declare under penalty of perjury under the laws of the State of California that the foregoing 2 is true and correct. 3 4 Date: ________________ ____________________ Jane Doe No. 15 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF JANE DOE NO. 15 Exhibit A • [J 0 v..-eb.archive.org ~i.f.Z~~~!.E~~~~~~~--~- ···--·----~--=-~=--~-~~~~~~--~-------~-=-=-·-···--··-··---·--···--·· -~-=~~~~--~-=~~-~-=--=~-=~·:..-=.~·-=·--.·~=~=~=~~:==~=--~-~-] ~ 140 UP1:ur~s -·· J ..l •• .. MAR DEC lletln Modelln&l< a t<>11 United State> prOduCtion COinll!IIV varnertne international talent In Australia and £astern Europe as well "' tile US. Wf! attract ani~ the most boautiful women, In pan, beeause w~ provide for real needs. Wlletl1er its CO\Iefint traVI'I or otllt>r ex~. we atttn<! to tile deta~s. and ensure you a ccmronable start. Beyond expenses -''•llllrecta~ an&olnll work whicll compensates weu aDove·inc!u<try standards. Top companies aU CM!l' the world see!t talent or your caliber, bu< only one stepS up with Immediate cash· com;>ensation, freeing you from deceptW., contracts or bank hassle<, and teaYint 11>u t• charat d your success. At 8eflin Mode\lna we know hOw It can Ill! wnen you start out beea<JSt' we wor1< almost exclus!Ytly with new talent. 'lbu probably ha•~ questions and could use SOllie real """"""· Appl~ with us sa we can put you <!irectly In touch with former and current model• with whOm w.. -'<. This wll QiYt you a chance to ... questiOnS, team more about "'· atld aet your ITIOdeUnt ca....., movtna! • fD r~n~ .fl.~v!"..~F~~5~~~9.T~-~~~--~~~:~ "'o uotu'•·*- l''. ~~·too' !l ~~n 1~!7 ----------- - - Exhibit Fwd: Photos from model 1 message ---------- Forwarded message ---------From: Jonathan N <jobs@beginmodeling.com> Date: Fri, Feb 19, 2016 at 3:27 PM Subject: Re: Photos from model To: gmail.com Hello thank you for expressing interest in our ad , we receive many applicants, but only a select few get this reply as we are very picky about who we work with. This is a legitimate adult gig for an established Southern California company. You will make $4000 CASH for your first shoot which is paid up front, consistent work is also available, we offer solo toy scenes for $1000. You can do BOTH scenes in one trip for $5000. This is a 30 minute adult video. Only the producer and talent are present during your shoot. All shoots are held at a luxury upscale location with only 3 people, the male model, the director and yourself. None of your personal information will be given out in the video or afterwards , no names etc are used in the video. We have two male talent available that you can pick to work with, both are tested, in good shape, and under 25. Pictures of them are available. You will not be working with any "agents" or agencies who are just the "middle man". This is directly through the production company. We have shot over 200+ models, you can speak or Skype with as many as you want and talk to them about their experience with us. We are by far one of the top companies in the country. We pay all expenses for you to beautiful Southern California. You're hotel will be an amazing one, in one of the countries richest areas.. Unlike other film companies, we let you pick who you want to work with, we always pay in cash, and we pay ALL expenses, food, flight, hotel, everything. If you are interested please let me know, or have any questions you may want answered https://mail.google.com/mail/u/0/?ui=2&ik=c6e3c6a041&view=pt&search=inbox&th=15ca3cb3470f5465&siml=15ca3cb3470f5465 Page 1 of 2 Thanks Johnathan : jobs@beginmodeling.com WWW.Beginmodeling.com (858) 598-3205 From: Sent: Thursday, February 18, 2016 8:40 AM To: jobs@beginmodeling.com Subject: Photos from model Name Age Height Weight State City Email Phone 18 5'4 120 r @gmail.com 9496370880 https://mail.google.com/mail/u/0/?ui=2&ik=c6e3c6a041&view=pt&search=inbox&th=15ca3cb3470f5465&siml=15ca3cb3470f5465 Page 2 of 2                                             Exhibit  C   Fwd: Model Reference Amberlyn 1 message ---------- Forwarded message ---------From: Jonathan N <jobs@beginmodeling.com> Date: Wed, Feb 24, 2016 at 7:22 PM Subject: Model Reference Amberlyn To: @gmail.com> This is Amberlyn, she has done two shoots with us and is from Northern California. She is very polite and nice. She can facetime with you, skype, text, call, whatever you’d like. If you need more references feel free to ask. (619) 490-7270 2 attachments 11034240_742737415845136_4335779201186132949_n.jpg 70K 12096551_1028818227163034_7492504774493308125_n.jpg 52K https://mail.google.com/mail/u/0/?ui=2&ik=c6e3c6a041&view=pt&search=inbox&th=15ca3cbb227552f4&siml=15ca3cbb227552f4 Page 1 of 1 Brian Holm <holmattorneys@gmail.com> Fwd: Model References 1 message ---------- Forwarded message ---------From: Jonathan N <jobs@beginmodeling.com> Date: Wed, Feb 24, 2016 at 7:23 PM Subject: Model References To: @gmail.com> This is Kaitlin, she is 19. She is from Scottsdale, AZ and has done 2 shoots with us. We pretty much paid for her breast job and she is recovering. She also worked with the same talent that you will work with Here is her cell: (480) 510-0324, 4 attachments IMG_0453.JPG 594K IMG_0456.JPG 65K https://mail.google.com/mail/u/0/?ui=2&ik=c6e3c6a041&view=pt&search=inbox&th=15ca3cbecd285b36&siml=15ca3cbecd285b36 Page 1 of 2 11885337_10203713572080356_1167286048742034943_n.jpg 75K IMG_1333.JPG 329K https://mail.google.com/mail/u/0/?ui=2&ik=c6e3c6a041&view=pt&search=inbox&th=15ca3cbecd285b36&siml=15ca3cbecd285b36 Page 2 of 2                                             Exhibit  D   "we 5:29 PM {El} 15% Messages (2) Amberlyn Details Message Wecli Feb 2d, T229 PM Hi this is Amberlyn, Johnathan asked me to reach out to you to see if I could answer any questions or concerns you may have. Please feel free to call me back at anytime :3                                             Exhibit  E   ••••oAT&T~ 6:26 PM @ -1 V 15% u::=:J ( Messages (1) Kaylin Details Hey my name is Kailyn- Jonathon gave me your contact info! lm sure you•re nervous or maybe even sketched out a little bit but you seriously have nothing to worry about! tt•s completely legit, once you land (if ·yot.ire flying in from out of town that is*) you will be picked up in a nice car and taken to where you are shooting your scene and all that OH AND they pay you in ca·sh up front! Okay so I am a very easily sketched out person when it co.m es to stuff like this I was very Nervous but once I got 0 ••••o AT&T ~ 6:26 PM @ -1 V 15% c:J ( Messages (1) Kaylin ·---···- -··-·----- ·-·-·--·- ··-·---·--~----- Details . .-------- ----;1'- - -- ---·---·-"« "" . . . . . '"' ...... "" """ .......... are shooting your scene and all that OH AND they pay you in cash up front! Okay so I am a very easily sketched out person when it comes to stuff like this I was very Nervous but once I got there I felt like a complete idiot because I . realized I had nothing to worry about haha lowkey was a little embarrassed haha The model is super hot which is nice ~_} and the photographer is super cool It's you, the model 1 and the photographer in the room and no one else so · it's not uncomfortable or . . . _. ___an~ina_whicb is chiJl_____. _________. . . . . . . . . . . . . . . .____________ •• ~~ 4 ( "C'S':"::('t(· ......,;; ,_ CJ -i :;. """ 0 ••••oAT&T? 6:26 PM @ --1 fl 15% c=J• ( Messages (1) Kaylin ---··· norvv-~-y--yTt;.ro ··g-·· nt;;lOn;;;; ·····--------···-·····-----··· Details ·······-·················· ~ ;o embarrassed haha The model is super hot which is nice .._> and the photographer is .super cool lt•s you, the model, and the photographer in the room and no one else so- it•s not uncomfortabl;e or anything w:hich·is chill Girl if you have any questions pleas·e **DO NOT**hesitate to text me or call or Fa,ceT.ime· or Hey thank you for being so nice! That's exactly where I am at! These aren't distributed in America right? 0 ••••oAT&T~ 6:26PM @ -1 V 15% LJ• ( Messages (1) Kaylin Details No prob! And no they aren•t! Wed, feb 24, 9:17PM Is there anyway they can get back to the US? I just have this shaky thing with this guy I like love and I can't have anyone find out No no no you•re totaUy fine! That•s what I was worried about but there is absol-utely no way anyone will find out Where are the videos going exactly? Like DVDs I think he said in Australia • 0 ••••oAT&T~ 6:26PM @ -'1 8 15% n=::Jt ( Messages (1) Kaylin Details Where· are the videos ·. going exactly? Ljke DVDs I think he said in Australia . UK, but like DVDs or.. ? Yeah so it goes out to wealthier countries; yea DVDs and stuff like that but nothing online! Ok cool And will my name be anywhere, can I request to be like my middle name Nicole just cause I've never met another I'm actually not sure! Lof I never really thought of that! There•s no stage • : '\ • 'v .... t~,. .... ,,) 0 "In ATEIT t? All Contacts 2:35 PM ?f 9" Edit mobile Kaylin +1 (480) 510?- FaceTime Send Message Share Contact Add to Favorites 73:? Fauorhea Reoents Contaota ODD ODD Keypad 1tr?oioemail Exhibit Exhibit M Gmail Fwd: Flight Confirmation ---------- Forwarded message ---------From: Jonathan N <jobs@beginmodeling.com> Date: Wed, Feb 24, 2016 at 7:13PM Subject: Flight Confirmation To: gmail.com> Expedia Access your itinerary anywhere. 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For convenience, you can select the airline from our online check-in page . Please reference the airline confirmation code provided on this itinerary. Expedia+ 130 points Expedia.+ For this trip • 100 base points for this trip • 30 bonus points for +gold Bonus Complete Your Trip Get out and explore Add an activity Get rested Get around Add a Hotel Add a Car Find deals on rides to your Hotel Get a Ride Please do not reply to this message. This email was sent from a notification-only email address that cannot accept incoming email. You are receiving this transactional email based on a recent booking or account-related update on Expedia.com . © 2015 Expedia, Inc. All rights reserved. Expedia, Expedia Extras, Best Price Guarantee, Trend Tracker, Insiders' Select and the Airplane logos are registered trademarks, or trademarks, of Expedia, Inc. in the U.S. and/or other countries. Other product and company names mentioned herein may be trademarks of their respective owners. (EMID : PT-ETM-ENSIED-teid1 .0-issu 1-testX-Iang1 033-verX-mcidX-segaX-segbX-segmX-key-paid)(MD: 20160224081136)(EPID: X)(ETID: 1170108) https :/ /mail.goo gle .comtmail/u/0/?u i = 2&i k= c6e3c6a041 &view= pt&sea rc h = inbox& th =15ca3c b6618568b8&sim 1=15ca 3c b6618568 bB Page 3 of 3 Exhibit ••••oAT&T 4G 7:04PM ( Messages Johnathan Details Yeah you're bruised up l can't have that. And it's $1000 m.o re for a solo. You can stay and do it in the morning r~n re book your flight Today 6:28 PM Well theoretically we had enough time to do both shoots, it just seemed like slow planning, and this is way more than I agreed to and less money than I was told. At least pay me the full amount I feel like I was taken advantage of, none of •• .a. I Send ••••oAT&T 7:04PM 4G ___________ _ ( Messages Johnatha.n .........................- ............ _,.,_.. @ 28% CLJ• Details .....,_, I wrote down exactly what you said there was going to be and it was double the amount of work! And I'm pretty sure I'm about to miss my flight Honestly.. My partner and I were not very impressed with the photos. You have bruises · over your body and cuts on your wrists and arms. 1 Send •••oo AT&T 4G 7!39 PM ( Messages Johnatha.n @ 19%c=J Details on care sen you accurate pictures and you had every tnoment to tell n1e the pay was less and I wouldn•t have done it! And I also wouldn't have done it if I had known what I actually had to do! You•re taking advantage of young women, I am all for adult videos but what you are doing is misleading and entrapping I honestly feel violated I told them it hurt and they made me keep . gotng IIIIJJ!lll · T - '! t c Send •••oo AT&T 4G 7:39PM ( Messages Johnathan @ 19%c=Ja Details I regret this entire . expenence Photos is one thing, in person is another. You were paid very weiJ. $3,000 is about 4x more then the regular pay girls get, you were also offered a solo tomorrow · for $1,000. You have a hotel and all your food expenses paid. Also, I sent you money for transportation, I'm willing to pay your new flight, etc, don't have a breakdown because of some flight. My staff is completely olite and if it hurt 1•m • Send •••oo AT&T om 4G @ 19% [C) 7:39PM ( Messages Johnathan ·---·so:r-ry:·-Thaf'S never tn-e Details -··••m•-·····-··-··-·· ·············-···················-·••m•••••• goal. Towards the end it takes its toU on your body · Send Exhibit I ••••oAT&T~ 6:27PM , .. ,,,,,, .,._ .. , ............................ 15% L::J _______ ( Messages (1) Kaylin .. @ .., • Details _,, YAS honey You will N·OT have . a . problem w1th htm ,~- ...... .. -:.--~ Tuesday 3:34 PM You lied to me and they lied to me, ifs on a website now and my whole town back home knows This ruined my life Read Tuesday .o