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ORIGINAL ALLEN HYMAN, ESQ. (CBN: 73371}LAW OFFICES OF ALLEN HYMAN10737 Riverside DriveNorth Hollywood, California 91602

(818) 763-6289 or (323) 877-3405(818) 763-4676lawoffah@aol.com

Attorneys for PlaintiffTHOMAS EDWARD JONES

f/o

FILEDSuperior Court of California

County of Los Angeles

JUL 16 201*HUMAS JKDWAKD JONES ^ JUL 1U tOTyy ^&g /l/^fy^^ A4. /%- ^^^^aSfi?R. carter, E^cuttve i

Myrna Bettran

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

Officer/ClerkDeputy

THOMAS EDWARD JONES, anindividual,

Plaintiff,

v.

HOBLONG MUSIC, an entityunknown; SANCTUS RECORDCOMPANY, an entity unknown; JOELONG, an individual; and DOES 1through 20, inclusive,

Defendants.

CASE NO. BC5 51716

COMPLAINT FORDECLARATORY RELIEF

Plaintiff Thomas Edward Jones ("JONES") for his

complaint pleads as follows: '

1. Plaintiff JONES is an individual who resides in Los

Angeles, California. x m2g$ fi 2ot 2 :_ < o x- i

2. Defendant Hoblong Music ("H OT "> Q _5 ,lS;\Shred Data\PC?\JONES\COD\COMPLAINT 2.wpd r~ -ww

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that existed in Los Angeles in the 1960s.

4. Defendant Joe Long ("LONG") was or is an individual

that was or is a resident of Los Angeles County, California, and

was a resident of Los Angeles County in the 1960s.

5. JONES sues DOES 1 through 20 pursuant to California

Code of Civil Procedure Section 474.

Background Facts

6. JONES is a longtime well-established well-

recognized composer and creator of musical compositions and

performances of those compositions for motion picture and

television. JONES is the founder and CEO of Jones TV Inc., a media

company located in Burbank, CA.

7. For the past 30 years, since, 1984, JONES has been

a member of the America Society of Composers, Authors and

Publishers ("ASCAP").

8. From the 1980s to the present, JONES has had a very

successful career as a composer or co-author of numerous television

series and programs which JONES'S composed musical compositions

have appeared over a twenty (20) year period on hundreds of

episodes of television programs in the U.S. and internationally,

including among other shows: "The Real Adventures of Johnny

Quest;" "Dot & Spot's Magical Christmas Adventure,-" "Stories From

My Childhood;" "Dexter's Laboratory: Ego Trip;" "The New Woody

Woodpecker Show,-" "The Powderpuff Girls;" "Dexter's Laboratory,-"

"Codename: Kids Next Door,-" and "The Batman."

9. JONES is as well the composer or co-author and

creator of numerous motion picture soundtracks, including "Scooby-

Doo and the Loch Ness Monster;" "Batman vs. Dracula,-" "Scooby-Doo

2COMPLAINT FOR DECLARATORY RELIEF

S:\Shared DaCa\PC7\JONES\COD\COMPLAINT_2.wpd

&1 and the Goblin King:" "The Powderpuff Girls: Who, what, Where, How,

2 Why...Who Cares?;" "April Rain;" as well as many others.

3 10. In 1967, JONES at the age of 17 years formed a

4 musical performing group identified as the "Caretakers of

5 Deception."

6 11. JONES at the age of 17 years, named the performing

7 group "Caretakers of Deception," was the group's organizer/leader,

8 directed the band, and chose who could or would be in the band and

9 who would not.

10 12. In 1967, JONES composed and was the sole author and

11 composer of two (2) musical compositions entitled: (a) "Cuttin'

12 Grass,-" and (b) "X+Y=13."

13 13. In 1967, JONES created and supervised the

14 arrangements for JONES'S performing group "Caretakers of

15 Deception's" performances of "Cuttin' Grass" and "X+Y=13."

16 14. In 1967, JONES'S group, "Caretakers of Deception,"

17 performed JONES'S compositions as arranged under JONES'S direction

18 at clubs in Los Angeles, including among others: "Brave New World"

19 and "Seawitch."

20 15. In 1967, a person by the name of Larry Miller, who

21 represented himself to be a talent agent, informed JONES that there

22 may be possible interest in JONES'S group by a record company not

23 identified.

24 16. At the request of Larry Miller, JONES directed his

25 group to travel to a house which included a recording studio,

26 identified as the home of LONG in the Topanga Hills.

27 17. In 1967, under JONES'S direction, JONES'S group

28 performed the two (2) JONES compositions with JONES'S arrangements:

3COMPLAINT FOR DECLARATORY RELIEF

S:\Shared Data\PC7\JONES\C0D\COMPLAINT_2.wpd

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(a) "Cuttin' Grass,-" and (b) "X+Y=13," which were recorded at theLONG recording studio.

18. From 1967 to the present, JONES had no further

contact with Larry Miller or LONG.

19. In April, 2014, for the first time, JONES learned

that the two (2) performances of JONES'S performing group"Caretakers of Deception," that of: (a) "Cuttin' Grass,-" and (b)"X+Y=13," recorded in 1967 at the LONG home recording studio wereapparently pressed and released as a 45RPM recording by a companyidentified as SANCTUS, identifying HOBLONG as the music publisherto the two (2) compositions, which recording identifies "T. JONES,"that is plaintiff JONES as the composer. A photocopy of therecording is identified as Exhibit No. 1.

20. JONES did not ever assign his copyright in the two

(2) compositions: (a) "Cuttin' Grass;" and (b) X+Y=13," to anentity named HOBLONG nor to any individual or entity. JONES didnot enter into a recording agreement with SANCTUS or any other

person or entity in 1967 or at any time which agreement providedthat entity the right to release any recorded performances of

JONES'S "Caretakers of Deception," performing group.

21. From 1967 to the present, JONES has not received

any communication from an entity identified as either HOBLONG or

SANCTUS.

22. JONES has conducted a search to determine the

location and identify of HOBLONG and SANCTUS.

23. While Broadcast Music Inc., ("BMI") a performancesociety, identifies a "Hoblong Music" (Ex. No. 2) it does notidentify any address or location or person associated with HOBLONG.

; 4COMPLAINT FOR DECLARATORY RELIEF

S:\Shared Data\PC7\JONES\COD\CCMPUNT_2.wpd

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24. A search of the U.S. copyright office does not

indicate any recordation by HOBLONG or SANCTUS.

25. This claim does not "arise under the copyrightact." This claim is for declaratory relief to have the Court

declare that JONES did not assign his copyright interest toHOBLONG, and that JONES did not assign his performances in pre-1972sound recordings to SANCTUS or any individual or entity.

FIRST CLAIM FOR DECLARATORY RELIEF

(Against HOBLONG)

26. JONES first seeks declaratory relief as between

JONES and HOBLONG requesting a finding by the Court that JONES did

not assign any copyright interest to defendant HOBLONG of JONES'S

authorship interest in the musical compositions: (a) "Cuttin'Grass;" and (b) "X+Y=13," and that HOBLONG has no right title orinterest in the copyright to the musical compositions, and that

HOBLONG did not ever have or has any right title or interest in the

musical compositions: (a) "Cuttin' Grass,-" and (b) "X+Y=13."

SECOND CLAIM FOR DECLARATORY RELIEF

(Against SANCTUS)

27. JONES further seeks declaratory relief as between

JONES and SANCTUS, that as between JONES and SANCTUS, JONES is the

owner of the sound recordings identified on Exhibit No. 1, the

sound recordings of JONES and JONES'S performing group, "Caretakersof Deception," of the 1967 recordings of (a) "Cuttin' Grass,-" and(b) "X+Y=13."

28. The 1976 U.S. Copyright Act, effective January 1,1978, reaffirmed that only those sound recordings that were

"fixed," that is created after February 15. 1972. are eligible for

5COMPLAINT FOR DECLARATORY RELIEF

S:\Shared Daca\PC7\jONES\COD\COMPLAINT__2 .wpd

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statutory copyright. The two (2) sound recordings at issue in this

complaint for declaratory relief as identified on Exhibit No. 1

were fixed in 1967, prior to February 15, 1972, and are governed by

common law copyright or state law protection.

29. California Civil Code 980(2) provides in part that:

The author of an original work ofauthorship consisting of a soundrecording initially fixed prior toFebruary 15, 1972 has an exclusiveownership therein until February15, 2047, as against all persons...

WHEREFORE, plaintiff JONES pleads for the Court to:

1. Declare the rights of JONES in the musical

compositions identified with regard to defendant HOBLONG;

2. Declare' the rights of JONES in the two (2) sound

recordings identified with regard to defendant SANCTUS;

3. To declare the rights of JONES as to defendant

LONG ;

4. For costs of suit; and

5. For such further relief as the Court deems

appropriate.

Respectfully submitted,

LAW OFFICES OF ALLEN HYMAN

Dated: July 16, 2014 By:lyman, Esq.

Attorneys for Plaintiff,THOMAS EDWARD JONES

COMPLAINT FOR DECLARATORY RELIEFS:\Shared Data\PC7\JONBS\COD\COMPLAINT_2.wpd

K-

ft EXHIBIT 1

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EXHIEiif 2

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ffEXHIBIT

yORIGINAL

[ATTORNEY ORPARTY WITHOUT ATTORNEY ('feme.Steffi Barnumber, andaddressj;-Allen Hyman, Esq. (SBN: 73371)

Law Offices of Allen Hyman10737 Riverside Dr.North Hollvwood, CA 91602

telephone no.: (818) 763-6289 fax no: (818) 763-4676attorney for warn*,. Plaintiff, THOMAS EDWARD JONES

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESstreet address: 111 North Hill Streetmailing address: 111 North Hill Street

city and apcode- Los Angeles, CA 90012branch name: Central District

CASE NAME:

THOMAS EDWARD JONES v. HOBLONG MUSIC, et al.

CM-010FOR COURT USE OM.Y

FILED n aSuperior Court of CaliforniaCounty of Los Angeles

JUL 16 201*Sherri R. Carter, Executive Officer/Clerk

By. mT?T lCaSeS filed Y0U must """P** items 1throu9h 6on the sheet. In item 1, you must check_ ^thaLblSt d6SCnbeS the C88e- ,f lhe * fits both a9eneral and amore specific type of case listed in item 1Tn ,, r'n spea c,oneJf *? * has mu,tiP'e * of action, check the box that best indicates the primary cause of SonTo assist you in completing the sheet, examples of the cases that belong under each case type in item 1are provided below AcoverL ^Stnly "? y0Uf T* Pap?r_,Fai,U,B t0 fi,e aCOver Sheet with the first *r filed in acivil se * sJSect aSits counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. liy.To Parties in Rule 3.740 Collections Cases. A"collections case" under rule 3.740 is defined as an action for recovery of monevS'l8 ST St3ted t0 teCertain that is not more than $25'000' exdusive of interest a^ attorney's fees, arising from atransaction inwhich property, services or money was acquired on credit. Acollections case does not include an action seeking the following- (1) tortS .(2)PU^damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of

attachment. The identrfication of acase as a rule 3.740 collections case on this form means that it will be exempt from the generaltime-for-service requirements and case management rules, unless a defendant files a responsive pleading Arule 3740 collectionscasewill besubject to the requirements for service and obtaining a judgment in rule 3.740.To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether thecase is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated bycomp eting the appropriate boxes in items 1and 2. If a plaintiff designates a case ascomplex, the cover sheet must be served with thecomplaint on all parties to the action. Adefendant may file and serve no later than the time of its first appearance a joinder in theplaintiffs designation, acounter-designation that the case is not complex, or, if the plaintiff has made no designation adesignation thatthe case is comraex. athe case is complex.Auto Tort

Auto (22)-Personal Injury/PropertyDamage/Wrongful Death

UninsuredMotorist (46) (ifthecase involves an uninsuredmotoristclaim subject toarbitration, check this iteminstead of Auto)

OtherPI/PD/WD (Personal Injury/Property Damage/Wrongful Death)Tort

Asbestos (04)Asbestos PropertyDamageAsbestos Personal injury/

Wrongful DeathProduct Liability (notasbestos or

toxic/environmental) (24)Medical Malpractice (45)

Medical Malpractice-Physicians &Surgeons

Other Professional Health CareMalpractice

Other PI/PD/WD (23)Premises Liability (e.g., slip

and fall)Intentional Bodily Injury/PD/WD

(e.g., assault, vandalism)Intentional Infliction of

Emotional DistressNegligent Infliction of

Emotional DistressOther PI/PO/WD

Non-PI/PO/WO(Other) TortBusiness Tort/Unfair Business

i~'i Practice (07)"Civil Rights (e.g., discrimination,

"--! false arrest) (notcivilharassment) (08)

Defamation (e.g., slander, libel)K-" (13)

Fraud (16)(Intellectual Property (19)Professional Negligence (25)

"' Legal Malpractice., i Other Professional Malpractice

(not medical or legal).-.Other Non-PI/PD/WD Tort(35)

EmploymentHAfrongfUl Termination (36)Other Employment (15)

CASE TYPES AND EXAMPLESContract

BreachofContract/Warranty (06)Breach of Rental/Lease

Contract (not unlawful detaineror wrongful eviction)

Contract/Warranty Breach-SellerPlaintiff (not fraud ornegligence)

Negligent Breach of Contract/Warranty

OtherBreachofContract/WarrantyCollections (e.g.. money owed,open

book accounts) (09)Collection Case-Seller PlaintiffOther Promissory Note/Collections

CaseInsuranceCoverage (notprovisionally

complex) (18)Auto SubrogationOther Coverage

Other Contract (37)Contractual FraudOther Contract Dispute

Real PropertyEminent Domain/Inverse

Condemnation (14)WrongfulEviction(33)Other Real Property(eg., quiet title) (26)

Writ ofPossession of RealPropertyMortgage ForeclosureQuiet TitleOther Real Property (noteminentdomain, landlord/tenant, orforeclosure)

Unlawful DetainerCommercial(31)Residential (32)Drugs (38) (ifthecase involves illegal

drugs, check this item: otherwise,report as Commercial or Residential)

Judicial ReviewAsset Forfeiture (05)Petition Re; Arbitration Award (11)Writof Mandate (02)

Writ-Administrative MandamusWrit-Mandamus on Limited Court

Case MatterWrit-Other Limited Court Case

ReviewOther Judicial Review (39)

Review of Health Officer OrderNotice of Appeal-Labor

Commissioner AppealsCIVIL CASE COVER SHEET

CM-010(Rev. July 1,20071

Provisionally Complex Civil Litigation (Cal.Rules of CourtRules 3.400-3.403)

Antitrust/Trade Regulation (03)ConstructionDefect (10)Claims Involving Mass Tort(40)Securities Litigation (28)Environmental/Toxic Tort (30)Insurance Coverage Claims

(arising from provisionally complexcase type listed above) (41)

Enforcement of JudgmentEnforcement ofJudgment(20)

Abstract of Judgment (Out ofCounty)

Confession of Judgment (non-domesticrelations)

Sister State JudgmentAdministrative AgencyAward

(not unpaidtaxes)Petition/Certification of Entry of

Judgment on Unpaid TaxesOther Enforcement of Judgment

CaseMiscellaneous Civil Complaint

RICO (27)Other Complaint (rwfspecified

above) (42)Declaratory ReliefOnlyInjunctive ReliefOnly(non-

harassment)Mechanics LienOther Commercial Complaint

Case (non-tort/non-complex)Other Civil Complaint

(non-tort/non-complex)Miscellaneous Civil Petition

Partnership and CorporateGovernance (21)

Other Petition (not specifiedabove) (43)Civil HarassmentWorkplace ViolenceElder/Dependent Adult

AbuseElection ContestPetitionfor Name ChangePetition for Relief From Late

ClaimOther Civil Petition

Page 2 of 2

NALSHORT TITLE:

THOMAS EDWARD JONESv. HOBLONG MUSIC, et al. CASE NUMBER 1716CIVIL CASE COVER SHEET ADDENDUM AND

STATEMENT OF LOCATION(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

This form is required pursuant toLocal Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.

Item I. Check the types ofhearing and fill in the estimated length of hearing expected for this case:JURY TRIAL? YES CLASS ACTION? YES LIMITED CASE? DyES TIME ESTIMATED FOR TRIAL 3-5 p HOURS/ 0 DAYS

Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item III, Pg. 4):

Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for yourcase in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet casetype you selected.

Step 2: Check oneSuperior Court type of action in Column B below which best describes the nature of this case.

Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you havechecked. For any exception to the court location, see Local Rule 2.0.

Applicable ReasonsforChoosing Courthouse Location (see Column C below)1 Class actions must be filed in the Stanley Mosk Courthouse,centraldistrict2. May be filed incentral (other county, or no bodily injury/property damage).3. Location where cause of action arose.4. Locationwhere bodily injury,death or damage occurred.5. Location where performance required or defendant resides.

6. Location ofproperty or permanently garaged vehicle.7. Location where petitioner resides.8. Location wherein defendant/respondent functions wholly.9. Location where one or more ofme parties reside.

10 Location of Labor Commissioner Office

Step 4: Fill in the information requested on page 4 in item III; complete Item IV. Sign the declaration.

is< I-

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SHORT TITLE

THOMAS EDWARD JONES v. HOBLONG MUSIC, et al. CASE NUMBER

ACivil Case Cover Sheet

Category No.

BType of Action

(Check onlyone)i\ C

Applicable Reasons-See"Step 3 Above

>.r_

Business Tort(07) D A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1., 3.o ~;

Civil Rights (08) D A6005 Civil Rights/Discrimination 1,2., 3a. s

?>__a 5

Defamation(13) a A6010 Defamation (slander/libel) 1., 2 3.

ton-PersonalIn Damage/Wrong

Fraud (16) Q A6013 Fraud(nocontract) 1., 2., 3.

ProfessionalNegligence(25) a A6017 LegalMalpracticeD A6050 Other Professional Malpractice (not medical orlegal)

1,2., 3.

1.,2 3.

Other (35) D A6025 Other Non-Personal Injury/Property Damage tort 2.,3.O)E

Wrongful Termination (36) O A6037 Wrongful Termination 1 23.

Q.EUJ

Other Employment (15) a A6024 Other Employment Complaint CaseD A6109 Labor Commissioner Appeals

1..2..3.

10.

Breach ofContract/Warranty(06)

(not insurance)

D A6004 Breach ofRental/Lease Contract (not unlawful detainer or wrongfuleviction)

D A6008 ContractAVarranty Breach -Seller Plaintiff (no fraud/negligence)D A6019 Negligent Breach ofContract/Warranty (no fraud)D A6028 Other Breach ofContract/Warranty (not fraud ornegligence)

2,5.

2., 5.

1., 2., 5.

1., 2., 5.

u

2c

o

o

Collections (09) D A6002 Collections Case-Seller PlaintiffO A6012 Other Promissory Note/Collections Case

2 5., 6.

2., 5.

Insurance Coverage (18) O A6015 Insurance Coverage (not complex) 1., 2, 5.,8.

Other Contract (37)D A6009 Contractual Fraud

Q A6031 Tortious Interference

a A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)

1,2., 3., 5.

1,2., 3, 5.

1..2., 3., 8.

Eminent Domain/InverseCondemnation (14) D A7300 Eminent Domain/Condemnation Number of parcels 2.

>>fa.o

Wrongful Eviction (33) D A6023 Wrongful EvictionCase 2,6.

,~0>Other Real Property (26)

D A6018 Mortgage ForeclosureO A6032 Quiet Title

D A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure)

2., 6.

2,6.

26.

Unlawful Detainer-Commercial(31) O A6021 Unlawful Detainer-Commercial (not drugs orwrongful eviction) 2., 6.

C*5 Unlawful Detainer-Residential(32) D A6020 Unlawful Detainer-Residential (not drugs orwrongful eviction) 2,6.

"is

Unlawful Detainer-Post-Foreclosure (34) D A6020F Unlawful Detainer-Post-Foreclosure 2,6.

K-1 Unlawful Detainer-Drugs (38) D A6022 Unlawful Detainer-Drugs 2,6.

LACIV 109 (LASC Appro

Rev. 03/11) Cved 03-04

ML CASE COVER SHEET ADDENDUM Lo