Text extracted via OCR from the original document. May contain errors from the scanning process.
1 Robert Hamparyan (State Bar No. 181934)
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)
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
15
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
Case No.: 37-2017-00033321-CU-FR-CTL
Case No.: 37-2017-00043712-CU-FR-CTL
DOE NO. 6 IN SUPPORT OF
PLAINTIFFS’ OPPOSITION TO
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. 6
DocuSign Envelope ID: 53256C69-A9D5-41FA-A878-0A6ED6616D95
DECLARATION OF JANE DOE NO. 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
I, Jane Doe No. 6, declare as follows:
1.
I am a plaintiff in the above-captioned action. I have personal knowledge of each fact stated in
this declaration.
2.
In May 2016, Defendants posted an advertisement on Craigslist.com in the gigs/modeling
section for the Baton Rouge, Louisiana area, seeking young women for adult modeling. I responded to
the advertisement and corresponded with defendant Andre Garcia (“GARCIA”) (then going by his
alias “Jonathan”). Our initial conversions were via text and/or email -- the following representations
regarding distribution were conveniently by phone or in-person.
3.
GARCIA told me that Defendants would not post the subject video online and they would not
distribute the video in the United States. GARCIA told me the video would go to Australia - and
would only be in DVD format. GARCIA had me speak with another woman, who assured me the
videos do not get leaked.
4.
Before the shoot, GARCIA, another man (going by “Ted”), and a makeup artist (going by
“Riva”) assured me they would not post the video online and they would not distribute the video in the
United States.
They assured her there was nothing to worry about, promised me privacy, and
represented nobody I knew would see the videos. Moreover, GARCIA said Defendants had never had
an issue with the videos getting release, going viral, or anyone seeing the videos in the United States.
5.
Defendants continued to make the above representations before and simultaneous with
providing me documents to sign. They rushed me and told me the documents merely reiterated what
they already represented to me.
6.
Before the video shoot, Defendants made me strip naked in front of everyone and take pictures
with bright lights on me to get final approval for the video.
7.
After the video shoot, Defendants did not pay me in full, as they represented.
8.
Around August 2016, Defendants released my video on their website, www.girlsdoporn.com,
and other websites, which were then discovered by my family, friends, and people in my hometown.
28
2
DECLARATION OF JANE DOE NO. 6
DocuSign Envelope ID: 53256C69-A9D5-41FA-A878-0A6ED6616D95
1
9.
2
loss of eating, loss of sleep, enduring fright, shock, nervousness, anxiety, depression, embarrassment,
3
mortification, shame, and fear):
As a result of the release of the video, I have suffered emotional distress damages (including
4
a.
I have contemplated suicide.
5
b.
I have cut myself.
6
c.
I became depressed, could not leave the house, and considered dropping out of school.
7
d.
People started to message me with video screenshots or they would send screenshots to
8
my friends making fun of me.
9
e.
My mom knows of the video, which shames and humiliates me.
10
f.
I had to drop out of college to avoid ongoing harassment from classmates.
11
g.
I have been harassed at work about the video to the point that I had to quit. I am now
12
scared to apply for new jobs.
13
h.
I get random requests on social media from strangers asking me to have sex with them.
14
i.
I live in fear every single day that I will run across someone that knows about the video.
15
j.
I am trying to move to another state soon.
16
10.
17
release my video on their website, or told me I was in danger. I would never have agreed to the video,
18
if Defendants had told me their website existed. I made a mistake trusting the Defendants – they are
19
not truthful people.
20
11.
21
damages the Defendants have caused me. In this lawsuit, I seek the Court’s help in remedying the
22
damages the Defendants have caused me. Unsealing the Court record will likely cause me even more
23
harm and the harassment may exacerbate and/or resurface. Unsealing the Court record will worsen the
24
very harm I have am seeking to now remedy.
25
26
27
I would never have agreed to the video, if Defendants had been truthful, told me their plan to
Before and during this lawsuit, I made changes to my life to minimize the harassment and other
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
By: _____________
Jane Doe No. 6
28
3
DECLARATION OF JANE DOE NO. 6
Exhibit A
Re: Beautiful Collegiate Females Make 5K
Frwn craigslsGt
Hell
thank you f(x expressing interest in our ad , we receive many
appli
Jicams^i^ 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 availai^e, 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.
•^1 shoots are held at a luxury upscale location vwth 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.
??3V?am?
If you have questions/concerns or are reluctant to do this type of
shoot it woutd be worth your while to hear the entire offer and get an
understanding about what you would be doing and where the video 0
shoot content is distributed. We can talk on the hone facetime etc.
We are wii?ng to raise your offer it you decide to shoot, let me
know.
Thank youlieu 901R 50 1n'nA horn? nae?Vina ?rabid-"no nrn\ u:rn?n-