qomo > W \V-Uft W C \k*v\ BCMi7tffAX fiy ^ &* Deputy Moses Soto Facsimile: (312) \J" FILED Superior Court of California

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1 qomo > THOMAS V. GIRARDI, State Bar No tgirardi@girardikeese.com GRAHAM B. LIPPSMITH, State Bar No. 84 lippsmith@girardikeese.com frardrf KEESE Wilshire Boulevard Los Angeles, California 9001 Telephone: (3)9-01 Facsimile; (3) WILLIAM T. GIBBS, Illinois Bar No CORBOY & DEMETRIO 33 North Dearborn St., Suite 00 Chicago, Illinois Telephone: (312) <->> Facsimile: (312) \J" Attorneys for PLAINTIFF MANUEL NORIEGA v. FILED Superior Court of California County oflos Angeles JUL 1 Sherri R. Carter, Executive Officer/Clerk fiy ^ &* Deputy Moses Soto W W \V-Uft W C \k*v\ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES Plaintiff, ACTIVISION BLIZZARD, Inc., a corporation, d/b/a ACTIVISION and TREYARCH, a corporation, Defendants. CASE NO.: BCMitffAX FOR DAMAGES FOR: 1) Violation ofcalifornia Civil Code 3344and Common Law Right of Publicity 2) Unjust Enrichment 3) Unfair Business Practices in Violation of California Business and Professions Code 10 ' -) -Fs. o o o o S? *> - w to C" Z X O <" CD ^ TO.. 33 rn o m 3> C,Tr 3 3 2s 2J rn X» -i - -it <«f". O O <W -./ ri '-" ---. x ~ * * CI o cn f ^ CO» CO o o CO O *» a- J> ~i o m X> TO r-i in ci --j *. Sf ft *» u c< q p ifn S1 e o o o o 3 o

2 1 2 On information and belief, Plaintiff Manuel Noriega ("Plaintiff) alleges as follows: 3 L NATURE OF THE ACTION Defendants, ACTIVISION BLIZZARD, Inc., a corporation, d/b/a ACTIVISION and TREYARCH, a corporation ("Defendants"), engaged in the blatant misuse, unlawful exploitation, and misappropriation of Plaintiffs image and likeness for economic gain in the video game they produced and distributed. 2. Defendants designed, created, advertised and sold the popular video game CALL OF DUTY: BLACK OPS II ("Black Ops II"). 3. In an effort to increase the popularity and revenue generated by BLACK OPS II, Defendants used, without authorization or consent, the image and likeness of Plaintiff in BLACK OPS II. 4. Defendants' use ofplaintiffs image and likeness caused damage to Plaintiff. Plaintiff was portrayed as an antagonist and portrayed as the culprit of numerous fictional heinous crimes, creating the false impression that Defendants are authorized to use Plaintiffs image and likeness. This caused Defendants to receive profits they would not have otherwise received.. Plaintiff is portrayed in BLACK OPS II as a kidnapper, murderer and enemy of the state. An objective of one portion ofblack OPS II is solely to capture Plaintiff. 6. Defendants' video game, BLACK OPS II, features several non-fiction characters, including Plaintiff, for one purpose: to heighten realism in its video game, BLACK OPS II. This translates directly into heightened sales for Defendants.. Defendants deliberately and systematically misappropriated Plaintiffs

3 ?g likeness to increase revenues and royalties, at the expense of Plaintiffand without the consent ofplaintiff. II. JURISDICTION AND VENUE 1. This Court has personal jurisdiction over each and every one of the Defendants. Venue in this Court is proper because Defendants reside and/or carry on business here, and the wrongful acts of Defendants originated here. III. THE PARTIES 1. Plaintiff is an individual residing in Gamboa, Panama. 2. Defendant ACTIVISION BLIZZARD, d/b/a ACTIVISION is, and at all times mentioned herein, was a corporation existing under the laws ofcalifornia. ACTIVISION is incorporated in Delaware, however maintains its headquarters and principle place of business in Santa Monica, California. 3. Defendant TREYARCH is, and at all times mentioned herein, was a corporation organized and existing under the taws ofcalifornia. 4. Defendants are a multi-billion dollar interactive entertainment software company (ACTIVISION) and its subsidiary (TREYARCH) that produce the Call of Duty video game franchise, which includes the Black Ops series.. Defendant ACTIVISION describes itself as "a leading worldwide developer, publisher and distributor of interactive entertainment and leisure products." Its revenues support this claim. In 12, ACTIVISION reported in its Annual 10-K Report to the United States Securities and Exchange Commission a consolidated net revenue of $4.9 billion for 12 and a consolidated net income of $1.1 billion. ACTIVISION'S principle place of business is California, but it sells its games directly to consumers throughout the country 3

4 through its website and indirectly through major retailers in all fifty states and around the world. IV. FIRST CAUSE OF ACTION VIOLATION OF CALIFORNIA CIVIL CODE 3344 AND COMMON LAW RIGHT OF PUBLICITY 1. Plaintiff incorporates herein by this reference each and every allegation contained in each paragraph above. 2. At all relevant times, Plaintiff had the sole and exclusive right of publicity with regard to the use of his name arid likeness as displayed and portrayed in BLACK OPS II and all corresponding advertisingmaterials disseminated by Defendants. 3. Defendants used the name, image, and likeness of Plaintiff in the video game BLACK OPS II without Plaintiffs or his representatives' permission, consent or authorization. 4. Plaintiffwas readily identifiable in the video game, insofar as one who views the photograph with a naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.. Plaintiff is identified by name on numerous occasions throughout BLACK OPS II. 6. Defendants' unauthorized and unlawful use of Plaintiffs name and likeness was willful, intentional, and knowing and was done for the direct purpose of profiting offof and gaining a commercial benefit through the popularity and sales of BLACK OPS II.. The acts alleged above constitute a violation ofcalifornia Civil Code 3344 and Plaintiffs common law right ofpublicity.

5 8. As a direct and proximate resultof Defendants' unauthorized and unlawful use of Plaintiffs name and likeness, Plaintiff suffered harm, including but not limited to iv damage to his reputation and denial ofthe benefit ofthe rights ofpublicity which belong to him. 9. Plaintiff is therefore entitled to compensation for the willful, intentional, unauthorized, and unlawful use ofhis name and likeness, in an amount to be proven attrial. 10. Defendants' conduct was malicious, fraudulent, oppressive and intended to injure Plaintiff. Consequently. Plaintiff is entitled to punitive damages. V. SECOND CAUSE OF ACTION UNJUST ENRICHMENT 1. Plaintiff incorporates herein by this reference each and every allegation contained in each paragraph above. 2. At all relevant times, Plaintiff had the sole and exclusive right ofpublicity with regard to the use of his image and likeness as displayed and portrayed in BLACK OPS II and all corresponding advertising materials disseminated by Defendants. 3. Defendants appropriated the image and likeness of Plaintiffin BLACK OPS II and all corresponding advertising materials disseminated by Defendants without proper permission orauthorization. Defendants also intentionally interfered with Plaintiffs right to publicity by misappropriating his image and likeness in BLACK OPS II. 4. Defendants' unauthorized and unlawful use ofplaintiffs image and likeness was intentional, willful, knowing and done for the purpose ofobtaining profit and for the purpose of denying Plaintiff of his rightful share of any profit to be made from the commercial use of his image and likeness.

6 . As a result ofdefendants' unauthorized and unlawful use ofplaintiff's image and likeness, Defendants have been unjustly enriched in an amount to be proven attrial. 6. Plaintiff is therefore entitled to compensation for the unauthorized and unlawful use of his image and likeness, in an amount to be proven at trial. VI. THIRD CAUSE OF ACTION UNFAIR BUSINESS PRACTICES IN VIOLATION OF CALIFORNIA BUSINESS AND PROFESSIONS CODE Plaintiff incorporates herein bythis reference each and every allegation contained in each paragraph above. 2. Defendants have deceived and confused the public into believing that Plaintiffauthorized, approves, and endorses the use ofits name and likeness in BLACK OPS II. 3. Defendants' acts, alleged above, constitute unfair competition in that they reflect untair, deceptive, untrue, and misleading business acts within the meaning of Business and Professions Code As a direct and proximate result of Defendants' conduct, Defendants have unfairly and wrongfully obtained and must disgorge profits belonging to Plaintiffin an amount which shall be proved at trial. VII. PRAYER FOR RELIEF U] follows: WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as 1. For an injunction ofthe following conduct: Defendants' use of Plaintiffs' image and likeness without Plaintiffs consent at any time in the future

7 1 2. For restitution in the amount ofthe benefit to Defendants; 2 3. For general damages sustained by Plaintiff; 3 4. For special damages sustained by Plaintiff; 4. For lost profits sustained by Plaintiff; 6. For Defendants' profits; 6. For an accounting; 8. For punitive damages; 8 9. For Plaintiffs costs; For prejudgment interest; and 10. For such other and further relief as the Court may deem just and proper. 12 VIII. DEMAND FOR JURY TRIAL 13 Plaintiff hereby demands a jury trial for all issues in this lawsuit. 1 Dated: July 1, GIRARDI KEESE 1 ^SBAHAM B. LIPPSMITH Attorneys for Plaintiff I. p

8 ATTORNEYOR PARTY WITHOUTATTORNEY (Warns, Slate Barnumber,end address): "Graham B. LippSmith (SBN 84} Girarcii I Keese Wilshire Blvd. Los Angeles, CA 9001 telephone no.: FAXNO.: attorney for (Namey. Plaintiff Manuel Noriega SUPERIOR COURT OF CALIFORNIA, COUNTY OFLOS Angeles STREET AOORESS: 1 N. Hill St. mailing address: 1 N. Hill Street cityandtip code: Los Angeles branch name: Stanlev Mosk Courthouse CASE NAME: Noriega v. Activision Blizzard, Inc. et al. CIVIL CASE COVER SHEET Complex Case Designation 1 x 1Unlimited 1 ilimited Counter ) Joinder (Amount (Amount Filed with first appearance by defendant demanded demanded is exceeds $,000) $,000 or less) (Cal. Rules of Court, rule 3.402) FOR COURT USE ONLY Superior Court of California County oflos Angeles JUL 1 CM-010 Sherri R. Carter, Executive Officer/Clerk fly ^ ^kfo Deputy Moses Soto CASE NUMBER: JUDGE: OEPT: 14 BY FAX Items 1-6 below must be completed (see instructionson page 2). 1 Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation cz Auto () Breach of contract/warranty (06) (Cal. Rules of Court, rules ) r Uninsured motorist (46) CZ Rule 3.40 collections (09) I Antitrust/Trade regulation (03) Other PI/PO/WD(Personal Injury/Property n Other collections (09) I Construction defect (10) Damage/Wrongful Death) Tort n Insurance coverage () I Masstort (40) [ IAsbestos (04) L_ Other contract (3) I Securities litigation () I IProduct liability () Real Property I J Environmental/Toxic tort (30) f ]Medical malpractice (4) I IEminentdomain/Inverse i I Insurancecoverage claimsarisingfrom the [ OtherPI/PO/WD () condemnation () above listed provisionally complex case Non-PHPO/WD (Other) Tort Wrongful eviction (33) types (41) I Business tort/unfair business practice (0) I IOther real property () Enforcement of Judgment I Civil rights (08) Unlawful Detainer I Enforcement ofjudgment () Defamation (13) I ICommercial (31) Miscellaneous Civil Complaint! J Fraud () Residential (32) RICO () [! Intellectual property () I IDrugs (38) Other complaint (not specified above) (42) 1 JProfessional negligence () Judicial Review Miscellaneous Civil Petition I x IOther non-pi/pd/wd tort (3) IAsset forfeiture (0) II Partnership and corporate governance () Employment [ _J Petition re: arbitration award() I Other petition (not specified above) (43) [ ]] Wrongful termination (36) [ IWrit of mandate (02) l jother employment (1) [ IOther judicial review (39) This case ZH is l~x"l is not complex under rule ofthecalifornia Rules ofcourt. If thecase is complex, mark the factors requiring exceptional judicial management: a. ' j ' I Large numberof separately represented parties d. ZD Large number ofwitnesses b. Extensive motion practice raisingdifficult or novel issues that will be time-consuming to resolve e. I I Coordination with related actions pending inone ormore courts in other counties, states, or countries, or in a federal court C.l :c. I I Substantialamount of documentary evidence f. I I Substantialpostjudgment judicial supervision 3."-"Remedies sought (check all that apply): a. (~x~l monetary b. x ] nonmonetary; declaratory orinjunctive relief c. ~~x~l punitive 4%-Number of causes of action (specify): three (3) -"'This case I is LxJ is not a class action suit. 6i/lf there are any known related cases, file and serve a notice of related case. (You may use form CM^01.) Date: July 1, Graham B. LippSmith (SBN 84) f! (TYPE OR PRINT NAME) -, NOTICE "Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed rounder the Probate Code, Family Code, or Welfare and InstitutionsCode). (Cal. Rules of Court, rule 3.0.) Failure to file may result r< insanctions. -'''File thiscover sheet in addition to any cover sheet requiredby local court rule. If this case is complex under rule et seq. of the California Rules of Court, you must serve a copy of this cover sheet on alt other parties to the action or proceeding. Unless this is a collections case under rule 3.40 or a complex case, this cover sheet will be used for statistical purposes only. Page1of 2 Form Adopted for Mandatory Use Judicial Council d California CM-OIOIRev. July 1, 0] CIVIL CASE COVER SHEET, oal Cal. Rules ofcourt, rules , 3.40; Solucions- Cal. Standards of JgdidaJ Adminislrason, std $* Plus

9 instructions on how to complete thf cnvfr ^hfft ~,.,-.v statistics about the types and numbesofwses? vi f <?? co"ta,ned on P39* 1- s information will be used to compile one box for the casetvoo that betzlclizflt?, t? ' C?ple(e "ems!^ ^h 6on th«^et In item 1, you must check To assist you In comptellmthe she*l.z ft " 3CS'Qn' Check,he box that best indicates lhe Primarv caus«of action, check tl» rnoro t^tn^t^^j^zz**bf! neral and amore specific ^<*««*** *»" L sheet«^«^xi^^f2^i?fit^ r?9 Undtr e3ch eme'l«* in i,em 1are»*»** **»' A«"«its counsel, or both toicj^t^io^^'usk^st"""*8*"""^ "^' ^ which property services or monav walviz1 1 *!, GXC'US'Ve f mtefesl and 8ito^ey's fees, arising from a transaction In alsnt. damage i<2)' ^'< ^mz^% TheS^ T" t***1' recovery.of <*** d0es not personal inc,uda property, an ac,lon or «**"*<he () a%reiud9men. fo,towi"9- writ <1>tort of tfrne-for-servfce requirewnttandr^nll*, co,,ectj0ns «* on,his f means that it will be exempt from the general L sepirtc!>mpr ex0itapsss'^lt^ T* ^ Paf1'eS miist 3fS US9 She C'V* Csse O^ S»*st *> designate whether ihe thesl ts?d tal? Z^^Z ^ is comptex COun,efdesi9nal:0ft,hat,he <*** mav f"e *no. and complex, Sew m,3lef or. if the than plaintiff *«has time made of ils no to designation, appearance adesignation ajoinder in that.he Auto Tort Auto ()~Porsonal Injury/Properly Damage/Wrorxjlul Daalh Uninsured MotOfl6. (48)(ifthe case Involves an uninsured motorist cfafm subjectto arbitration, check this item InsteadofAuto) OtherPt/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) AsbestosProperty Damage Asbestos Personal Injury/. Wrongful Death Product Liability (not asbestos or toxlc/envlronmenta!) () Medical Malpractice (4) Medical Malpracllcs- Physfclans &Surgeons Other Professional Health Care Malpractice OtherPWPD/WD () Premises Uab)6ly (e.g., slip and feb) Intertkmsl BodJy InjuryyPDAM) (o.q^ aasault, vandalism) Intentional Infliction of Emotional Distress Negligent InWcdon of Emotional Distress OihafPVPD/vM) Non-PlrPDWD(Other) Tort Bustnes* Tort/Unfair Business Practice <0) OS RJ^>le(0.g:, dlscrtmlnabon. felso arrest) (not ch>8,;":) harassment) (OS) Defairtatlon(e.g., stancer. Bbel) I (13) Fraud () '" Intei/ectual Property() k-.;. Professional NegBgenoa () Legal Mefp/acUco yi OtherProfessionalMalpractlca (notmedical orlegal) '" * C«harNorvPI/PDArVDTort(3) Employment is V*on8fulTeirn(n8tJor.(36) (T\ OtherEmptoyment () - I.. «4rOIOJR.», July I. 0) CASE TYPES AND EXAMPLES Contract Breach o( Contract/Warranty (06) Oieach ol ftenlal/lease Cortrad (notunlawful detainer or wrongful eviction) Cont/actArVerranty Breacrv-Seller Plalnl/lf (not fraud ornegligence) NegKoent Breach of Contract/ Warranty Other Breach of CortractAfVafranty Collections (e.g.. money owed, open book accounts) (08) CoBecUonCase-Seller Plaintiff OtherPromissory Note/Collections Case Insurance Coverage (notprovisionally complex}(t8) Aufo Subrogation OtherCoverage Other Contract(3) Com/actual Fraud OtherContract Dispute Real Property Emtnent Domain/Inverse Condemnation () VvronaM Eviction f») Other Real Property (e.g., quiet title) () Writ ofpossession ofreal Properly Mortgage Foreclosure Quiet Title OtherRealProperly (not eminent domain, lendhrd/lemnt, or foreclosure) Unlawful Detainer Commercial (31) Resldenllal (32) Drue* (38) {tithe caseinvolves Illegal drvgs, cftec*thisitem; otherwise, mpoit as CommanMorReskloatfah Judicial Review Asset Forfeiture (0) Petition Re: Arbitration Award (it) WritofMandate (02) Wm-TAdmWslratfve Mandamus WHI-Mandaoiu* on LimitedCourt Case Matter Writ-Other UmftedCourt Case Review Other Judicial RevtewDS) Review of Health Officer Order Noticeol Appeal-Labor Commissioner Appeab CIVILCASE COVER SHEET ProvisionallyComplexCivil Litigation (Cat. Rules of Court Rulos ) Antitrust/Trade Regulation (03) Construction Delect(10) ClaimsInvolving Mass Tort (40) Securilles Litigation () Bivtronmentel/ToxIcTort (30) Insurance Coverage Claims (arising from provisionallycomplex case type 8sted*bovo) (41) Enforcement of Judgment Enforcement ofjudgment () Abstract of Judgment (Out of County) ConfessionofJudgment (nondomaslkmlauons) SisterStateJudgment AdministrativeAgency Award (not unpaidtaxes) PetSBorVCerllScatlon of Entry of Judgment on Unpaid Taxes Other Enforcement ofjudgment Case Miscellaneous CtvU Complaint RICO (2?) Other Complefnl (notspecified above) (42) Declaratory ReSef Only Injunctive ReliefOnly(nonharassment) Mechanics Lien OtherCommercial Complaint Case(non-tortAxtn-comphx) Other ChrO Complaint fcofrtotvnorhcoinpfox) Miscellaneous CtvU Petition Partnership and Corporate Governance () Other Petition(notspecified above) (43) CMI Harassment Workplace Violence Ekter/Dependent Adult Abuse Election Contest Petition fornamechangs Petition for Relief From tale Claim OiharCMPetWon P»8»*<XJ

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