George Clinton v. Will Adams et al

Filing 26

ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendants El Cubano Music, Inc., George Pajon, Jr.(Pink, Jonathan)

George Clinton v. Will Adams et al

Doc. 26

1 BRYAN CAVE LLP

Jonathan Pink (California Bar No. 179685) 2 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 3 Telephone: [phone] Facsimile: [phone] [e-mail] 4 E-mail:
5 BRYAN CAVE LLP 6 7 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

Kara E. F. Cenar (Pro Hac Vice Pending) Mariangela M. Seale (Pro Hac Vice Pending) 161 North Clark Street, Suite 4300 Chicago, Illinois 60601-3315 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail]

10 11 12 13 14 15 16 17 18

Attorneys for Defendants WILL ADAMS (sued as WILL ADAMS, p/k/a will.i.am, individually and d/b/a WILL.I AM MUSIC PUBLISHING); ALLAN PINEDA (sued as ALLAN PINEDA, p/k/a apl.de.ap, individually and d/b/a JEEPNEY MUSIC PUBLISHING, an individual); JAIME GOMEZ (sued as JAIME GOMEZ, p/k/a Taboo, individually and d/b/a NAWASHA NETWORKS PUBLISHING, an individual); STACY FERGUSON (sued as STACY FERGUSON, p/k/a Fergie); WILL.I.AM MUSIC, INC.; CHERRY LANE MUSIC PUBLISHING COMPANY, INC.; TAB MAGNETIC, INC.; GEORGE PAJON, JR.; EMI BLACKWOOD MUSIC, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ­ WESTERN DIVISION

19 GEORGE CLINTON, an individual, 20 21 22 23 24 25 26 27 28

Case No. CV10-9476 ODW (PLAx) Hon. Otis D. Wright, II Courtroom 11 ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT GEORGE PAJON, JR. AND EL CUBANO MUSIC, INC.; JURY DEMAND Complaint Filed: Trial Date: December 10, 2010 Not Assigned

Plaintiff, v. WILL ADAMS, p/k/a will.i.am, individually and d/b/a WILL.I AM MUSIC PUBLISHING; ALLAN PINEDA, p/k/a apl.de.ap, individually and d/b/a JEEPNEY MUSIC PUBLISHING, an individual; JAIME GOMEZ, p/k/a Taboo, individually and d/b/a NAWASHA NETWORKS PUBLISHING, an individual;STACY FERGUSON, p/k/a Fergie, an individual; GEORGE PAJON, JR., an individual; JOHN CURTIS, an individual;
IR01DOCS478670.2

ANSWER TO COMPLAINT AND JURY DEMAND
Dockets.Justia.com

1 Delaware corporation; UMG

UNIVERSAL MUSIC GROUP, INC., a RECORDINGS, INC., a Delaware

2 corporation; and WILL I AM MUSIC, 3 LANE MUSIC PUBLISHING

INC., a California corporation; CHERRY COMPANY, INC., a New York

4 corporation; EL CUBANO MUSIC, 5 BLACKWOOD MUSIC, INC., a 6 MAGNETIC, INC., a California 7 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

INC., a California corporation; EMI Connecticut corporation; TAB

corporation; and DOES 1 through 10, Defendants.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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2
ANSWER TO COMPLAINT

1

Defendant George Pajon, Jr. and El Cubano Music, Inc. (collectively,

2 "Defendant Pajon") presents the following Answer to the Complaint of Plaintiff 3 George Clinton ("Complaint"): 4 5

NATURE OF THE ACTION 1. Answering Paragraph 1 of the Complaint, Defendant Pajon admits that

6 Plaintiff is asking for certain relief, but denies that Plaintiff is entitled to such relief. 7 Further, Defendant Pajon admits the accuracy of the release dates set forth in 8 Paragraph 1. As the remaining allegations of Paragraph 1, Defendant Pajon denies 9 all such allegations.
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10

2.

Answering Paragraph 2 of the Complaint, Defendant Pajon lacks

11 sufficient information to admit or deny the allegations contained in Paragraph 2, and 12 on that basis denies each and every such allegation. 13

3.

Answering Paragraph 3 of the Complaint, Defendant Pajon admits that

14 Plaintiff is asking for certain relief, but denies that Plaintiff is entitled to such relief, 15 and further denies the remaining allegations of the paragraph. 16 17

JURISDICTION AND VENUE 4. Answering Paragraph 4 of the Complaint, Defendant Pajon admits, on

18 information and belief, that this action appears to rise under the Copyright Act and 19 that this Court would appear to have subject matter jurisdiction. Defendant Pajon 20 denies that the Complaint states any claim upon which relief can be granted. 21

5.

Answering Paragraph 5 of the Complaint, Defendant Pajon admits that

22 he may be found in this district. As to the remaining allegations, Defendant Pajon 23 lacks sufficient information to admit or deny them, and on that basis, denies such 24 allegations. 25

6.

Answering Paragraph 6 of the Complaint, Defendant Pajon admits that

26 he resides in Los Angeles County, but as to the remaining allegations of Paragraph 27 6, he lacks sufficient information to admit or deny them, and on that basis, denies 28 each and every such remaining allegation.
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ANSWER TO COMPLAINT

1

7.

Answering Paragraph 7 of the Complaint, Defendant Pajon lacks

2 sufficient information to admit or deny the allegations in Paragraph 7, and on that 3 basis denies each and every such allegation. 4

8.

Answering Paragraph 8 of the Complaint, Defendant Pajon admits that

5 El Cubano Music, Inc. is subject to jurisdiction by this court. Defendant Pajon lacks 6 sufficient information to admit or deny the remaining allegations in Paragraph 8, 7 and on that basis denies each and every such remaining allegation. 8 9
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PARTIES 9. Answering Paragraph 9 of the Complaint, Defendant Pajon is without

10 sufficient information to admit or deny the allegations of Paragraph 9, and on that 11 basis denies such allegations. 12

10.

Answering Paragraph 10 of the Complaint, Defendant Pajon lacks

13 sufficient information to admit or deny the allegations contained in Paragraph 10, 14 and on that basis denies each and every such allegation. 15

11.

Answering Paragraph 11 of the Complaint, Defendant Pajon lacks

16 sufficient information to admit or deny these allegations, and on that basis denies 17 each and every such allegation. 18

12.

Answering Paragraph 12 of the Complaint, Defendant Pajon lacks

19 sufficient information to admit or deny these allegations, and on that basis denies 20 each and every such allegation. 21

13.

Answering Paragraph 13 of the Complaint, Defendant Pajon lacks

22 sufficient information to admit or deny the allegations contained in Paragraph 13, 23 and on that basis, denies each and every such allegation. 24

14.

Answering Paragraph 14 of the Complaint, Defendant Pajon admits

25 that he is a resident of California and is credited as a songwriter on "Shut Up 26 Remix" and "Shut the Phunk Up Remix." Except as otherwise admitted in this 27 Answer, Defendant Pajon is without sufficient information to admit or deny the 28 remaining allegations of Paragraph 14, and on that basis denies such allegations.
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ANSWER TO COMPLAINT

1

15.

Answering Paragraph 15 of the Complaint, Defendant Pajon lacks

2 sufficient information to admit or deny these allegations, and on that basis denies 3 each and every such allegation. 4

16.

Answering Paragraph 16 of the Complaint, Defendant Pajon is without

5 sufficient information to admit or deny the allegations of Paragraph 16, and on that 6 basis denies such allegations. 7

17.

Answering Paragraph 17 of the Complaint, Defendant Pajon lacks

8 sufficient information to admit or deny the allegations contained in Paragraph 17, 9 and on that basis denies each and every such allegation.
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18.

Answering Paragraph 18 of the Complaint, Defendant Pajon lacks

11 sufficient information to admit or deny the allegations contained in Paragraph 18, 12 and on that basis denies each and every such allegation. 13

19.

Answering Paragraph 19 of the Complaint, Defendant Pajon is without

14 sufficient information to admit or deny the allegations of Paragraph 19, and on that 15 basis denies such allegations. 16

20.

Answering Paragraph 20 of the Complaint, Defendant Pajon is without

17 sufficient information to admit or deny the allegations of Paragraph 20, and on that 18 basis denies such allegations. 19

21.

Answering Paragraph 21 of the Complaint, Defendant Pajon admits

20 that Cherry Lane Music Publishing, Inc. is a music publisher, but denies the 21 remaining allegations of this paragraph. 22

22.

Answering Paragraph 22 of the Complaint, Defendant Pajon admits

23 that El Cubano Music, Inc. is a California corporation and its current status is 24 suspended. Defendant Pajon also admits that El Cubano Music, Inc. is a publisher 25 the musical compositions of various songs performed by the Black Eyed Peas. 26 Defendant Pajon denies the remaining allegations of Paragraph 22. 27

23.

Answering Paragraph 23 of the Complaint, Defendant Pajon admits

28 that it is a Connecticut corporation, and is a publisher of the musical compositions
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5
ANSWER TO COMPLAINT

1 "Shut Up" and "Shut Up Remix," but denies the remaining allegations of this 2 paragraph. 3

24.

Answering Paragraph 24 of the Complaint, Defendant Pajon is without

4 sufficient information to admit or deny the allegations of Paragraph 24, and on that 5 basis denies such allegations. 6

25.

Answering Paragraph 25 of the Complaint, Defendant Pajon lacks

7 sufficient information to admit or deny the allegations contained in Paragraph 25, 8 and on that basis denies each and every such allegation. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

26.

Answering Paragraph 26 of the Complaint, Defendant Pajon denies the

10 allegations in this paragraph. 11

27.

Answering Paragraph 27 of the Complaint, Defendant Pajon denies the

12 allegations in this paragraph. 13 14

SAMPLING "(NOT JUST) KNEE DEEP" 28. Answering Paragraph 28 of the Complaint, Defendant Pajon lacks

15 sufficient information to admit or deny these allegations, and on that basis denies 16 each and every such allegation. 17

29.

Answering Paragraph 29 of the Complaint, Defendant Pajon lacks

18 sufficient information to admit or deny these allegations, and on that basis denies 19 each and every such allegation. 20

30.

Answering Paragraph 30 of the Complaint, Defendant Pajon lacks

21 sufficient information to admit or deny these allegations, and on that basis denies 22 each and every such allegation. 23

31.

Answering Paragraph 31 of the Complaint, Defendant Pajon lacks

24 sufficient information to admit or deny these allegations, and on that basis denies 25 each and every such allegation. 26

32.

Answering Paragraph 32 of the Complaint, Defendant Pajon lacks

27 sufficient information to admit or deny the allegations of Paragraph 32, and on that 28 basis denies each and every such allegation.
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ANSWER TO COMPLAINT

1

33.

Answering Paragraph 33 of the Complaint, Defendant Pajon lacks

2 sufficient information to admit or deny the allegations of Paragraph 33, and on that 3 basis denies each and every such allegation. 4

34.

Answering Paragraph 34 of the Complaint, Defendant Pajon lacks

5 sufficient information to admit or deny the allegations of Paragraph 34, and on that 6 basis, denies each and every such allegation. 7

35.

Answering Paragraph 35 of the Complaint, Defendant Pajon lacks

8 sufficient information to admit or deny the allegations of Paragraph 35, and on that 9 basis denies each and every such allegation.
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

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36.

Answering Paragraph 36 of the Complaint, Defendant Pajon lacks

11 sufficient information to admit or deny the allegations of Paragraph 36, and on that 12 basis denies each and every such allegation. 13

37.

Answering Paragraph 37 of the Complaint, Defendant Pajon lacks

14 sufficient information to admit or deny these allegations, and on that basis denies 15 each and every such allegation. 16

38.

Answering Paragraph 38 of the Complaint, Defendant Pajon lacks

17 sufficient information to admit or deny these allegations, and on that basis denies 18 each and every such allegation. 19 20

RELEASE OF SHUT UP REMIX 39. Answering Paragraph 39 of the Complaint, Defendant Pajon admits

21 The Black Eyed Peas released the album Elephunk in 2003. Except as admitted 22 herein, Defendant Pajon lacks sufficient information to admit or deny the remaining 23 allegations in this paragraph, and on that basis, denies the same. 24

40.

Answering Paragraph 40 of the Complaint, Defendant Pajon admits the

25 allegations in this paragraph. 26

41.

Answering Paragraph 41 of the Complaint, Defendant Pajon lacks

27 sufficient information to admit or deny the allegations in this paragraph, and on that 28 basis, denies the same.
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ANSWER TO COMPLAINT

1

42.

Answering Paragraph 42 of the Complaint, Defendant Pajon lacks

2 sufficient information to admit or deny these allegations, and on that basis denies 3 each and every such allegation. 4

43.

Answering Paragraph 43 of the Complaint, Defendant Pajon lacks

5 sufficient information to admit or deny the remaining allegations in this paragraph, 6 and on that basis, denies the same. 7

44.

Answering Paragraph 44 of the Complaint, Defendant Pajon lacks

8 sufficient information to admit or deny the allegations in this paragraph, and on that 9 basis, denies the same.
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

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45.

Answering Paragraph 45 of the Complaint, Defendant Pajon lacks

11 sufficient information to admit or deny the allegations in this paragraph, and on that 12 basis, denies the same. 13

46.

Answering Paragraph 46 of the Complaint, Defendant Pajon lacks

14 sufficient information to admit or deny the allegations in this paragraph, and on that 15 basis, denies the same. 16

47.

Answering Paragraph 47 of the Complaint, Defendant Pajon lacks

17 sufficient information to admit or deny the allegations in this paragraph, and on that 18 basis, denies the same. 19

48.

Answering Paragraph 48 of the Complaint, Defendant Pajon lacks

20 sufficient information to admit or deny the allegations set forth in this paragraph, 21 and on that basis denies the same. 22 23

RELEASE OF "SHUT THE PHUNK UP REMIX" 49. Answering Paragraph 49 of the Complaint, Defendant Pajon lacks

24 sufficient information to admit or deny the allegations contained in Paragraph 49, 25 and on that basis, denies each and every allegation. 26

50.

Answering Paragraph 50 of the Complaint, Defendant Pajon lacks

27 sufficient information to admit or deny the allegations contained in Paragraph 50 of 28 the Complaint, and on that basis denies each and every such allegation.
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ANSWER TO COMPLAINT

1

51.

Answering Paragraph 51 of the Complaint, Defendant Pajon admits

2 that The Black Eyed Peas album, "The E.N.D." was released on or about June 3, 3 2009, and that the deluxe edition of the album contains a track entitled "Shut the 4 Funk Up." Defendant Pajon denies the remaining allegations of this paragraph. 5

52.

Answering Paragraph 52 of the Complaint, Defendant Pajon admits the

6 allegations in this paragraph. 7

53.

Answering Paragraph 53 of the Complaint, Defendant Pajon admits the

8 allegations in this paragraph. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

54.

Answering Paragraph 54 of the Complaint, Defendant Pajon lacks

10 sufficient information to admit or deny the allegations in this paragraph, and on that 11 basis, denies the same. 12

55.

Answering Paragraph 55 of the Complaint, Defendant Pajon lacks

13 sufficient information to admit or deny the allegations contained in Paragraph 55, 14 and on that basis denies each and every such allegation. 15

56.

Answering Paragraph 56 of the Complaint, Defendant Pajon lacks

16 sufficient information to admit or deny the allegations in this paragraph, and on that 17 basis, denies the same. 18

57.

Answering Paragraph 57 of the Complaint, Defendant Pajon lacks

19 sufficient information to admit or deny the allegations contained in Paragraph 57, 20 and on that basis denies each and every such allegation. 21

58.

Answering Paragraph 58 of the Complaint, Defendant Pajon lacks

22 sufficient information to admit or deny the allegations contained in Paragraph 58, 23 and on that basis denies each and every such allegation. 24

59.

Answering Paragraph 59 of the Complaint, Defendant Pajon lacks

25 sufficient information to admit or deny the allegations contained in Paragraph 59, 26 and on that basis denies each and every such allegation. 27

60.

Answering Paragraph 60 of the Complaint, Defendant Pajon lacks

28 sufficient information to admit or deny the allegations contained in Paragraph 60,
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ANSWER TO COMPLAINT

1 and on that basis, denies each and every such allegation 2

61.

Answering Paragraph 61 of the Complaint, Defendant Pajon lacks

3 sufficient information to admit or deny the allegations contained in Paragraph 61, 4 and on that basis denies each and every such allegation. 5

62.

Answering Paragraph 62 of the Complaint, Defendant Pajon lacks

6 sufficient information to admit or deny the allegations contained in Paragraph 62, 7 and on that basis denies each and every such allegation. 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

LEGAL REQUIREMENTS OF SAMPLING 63. Answering Paragraph 63 of the Complaint, Defendant Pajon lacks

10 sufficient information to admit or deny the allegations contained in this paragraph, 11 and on that basis denies each and every such allegation. 12

64.

Answering Paragraph 64 of the Complaint, Defendant Pajon lacks

13 sufficient information to admit or deny the allegations contained in this paragraph, 14 and on that basis denies each and every such allegation. 15 16

LIABILITY OF EACH DEFENDANT AND DAMAGES TO PLAINTIFF 65. Answering Paragraph 65 of the Complaint, Defendant Pajon denies the

17 allegations in this paragraph. 18

66.

Answering Paragraph 66 of the Complaint, Defendant Pajon denies the

19 allegations in this paragraph. 20

67.

Answering Paragraph 67 of the Complaint, Defendant Pajon admits

21 that exploitations of sound recordings that embody performances by The Black 22 Eyed Peas generate income, and further, admits that "(Not Just) Knee Deep" was 23 sampled pursuant to an express, written license agreement ostensibly executed by 24 Plaintiff or his authorized representatives. 25

68.

Answering Paragraph 68 of the Complaint, Defendant Pajon lacks

26 sufficient information to admit or deny the allegations contained in Paragraph 68, 27 and on that basis, denies each and every such allegation. 28

69.
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Answering Paragraph 69 of the Complaint, Defendant Pajon denies the
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ANSWER TO COMPLAINT

1 allegations in this paragraph. 2

70.

Answering Paragraph 70 of the Complaint, Defendant Pajon denies the

3 allegations in this paragraph. 4

71.

Answering Paragraph 71 of the Complaint, Defendant Pajon denies the

5 allegations in this paragraph. 6

72.

Answering Paragraph 72 of the Complaint, Defendant Pajon denies the

7 allegations in this paragraph. 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

FIRST CLAIM FOR RELIEF (Copyright infringement (sound recording) relating to "(Not Just) Knee Deep"; against all named defendants and DOES 1 through 10) 73. Answering Paragraph 73 of the Complaint, Defendant Pajon

10 11 12

13 incorporates his answers and responses to Paragraphs 1-72 above, as if fully restated 14 herein. 15

74.

Answering Paragraph 74 of the Complaint, Defendant Pajon denies the

16 allegations in this paragraph. 17

75.

Answering Paragraph 75 of the Complaint, Defendant Pajon denies the

18 allegations in this paragraph. 19

76.

Answering Paragraph 76 of the Complaint, Defendant Pajon denies the

20 allegations in this paragraph. 21

77.

Answering Paragraph 77 of the Complaint, Defendant Pajon denies the

22 allegations in this paragraph. 23

78.

Answering Paragraph 78 of the Complaint, Defendant Pajon denies the

24 allegations in this paragraph. 25

79.

Answering Paragraph 79 of the Complaint, Defendant Pajon denies the

26 allegations in this paragraph. 27

80.

Answering Paragraph 80 of the Complaint, Defendant Pajon denies the

28 allegations in this paragraph.
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ANSWER TO COMPLAINT

1

81.

Answering Paragraph 81 of the Complaint, Defendant Pajon denies the

2 allegations in this paragraph. 3

82.

Answering Paragraph 82 of the Complaint, Defendant Pajon denies the

4 allegations in this paragraph. 5

83.

Answering Paragraph 83 of the Complaint, Defendant Pajon denies the

6 allegations in this paragraph. 7 8 9
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SECOND CLAIM FOR RELIEF (Declaratory Judgment; against all named defendants and DOES 1 through 10) 84. Answering Paragraph 84 of the Complaint, Defendant Pajon

10

11 incorporates his answers and responses to Paragraphs 1-83 above, as if fully restated 12 herein. 13

85.

Answering Paragraph 85 of the Complaint, Defendant Pajon lacks

14 sufficient information to admit or deny the allegations contained in Paragraph 85, 15 and on that basis denies each and every such allegation. 16

86.

Answering Paragraph 86 of the Complaint, Defendant Pajon admits

17 that, upon information and belief, Plaintiff seeks declaratory relief, but denies that 18 he is entitled to such relief. As to the remaining allegations of Paragraph 86, 19 Defendant denies each and every such allegation. 20

87.

Answering Paragraph 87 of the Complaint, Defendant Pajon admits

21 that, upon information and belief, Plaintiff seeks declaratory relief, but denies that 22 he is entitled to such relief. As to the remaining allegations of Paragraph 87, 23 Defendant denies each and every such allegation. 24 25 26 27

THIRD CLAIM FOR RELIEF (Permanent injunction; (against all named defendants and DOES 1 through 10) 88. Answering Paragraph 88 of the Complaint, Defendant Pajon

28 incorporates his answers and responses to Paragraphs 1-87 above, as if fully restated
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ANSWER TO COMPLAINT

1 herein. 2

89.

Answering Paragraph 89 of the Complaint, Defendant Pajon denies the

3 allegations in this paragraph. 4

90.

Answering Paragraph 90 of the Complaint, Defendant Pajon denies the

5 allegations in this paragraph. 6

91.

Answering Paragraph 91 of the Complaint, Defendant Pajon admits

7 that, upon information and belief, Plaintiff seeks an injunction, but denies that 8 Plaintiff is entitled to an injunction of any sort, and further, notes that an injunction 9 is a species of relief, not a discrete claim for relief.
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92.

Plaintiff's Complaint does not include a Pararaph 92, and therefore, no

11 response is given for that numbered paragraph. 12

93.

Plaintiff's Complaint does not include a Pararaph 93, and therefore, no

13 response is given for that numbered paragraph. 14 15

NATURE OF LIABILITY 94. Answering Paragraph 94 of the Complaint, Defendant Pajon denies the

16 allegations of this paragraph. 17 18

GENERAL RESPONSE Answering generally to all paragraphs of the Complaint, unless specifically

19 and expressly admitted, all allegations are denied. 20

Answering generally to Plaintiff's Prayer for Relief, Defendant Pajon denies

21 that the Complaint states a claim upon which relief should be granted, and 22 Defendant Pajon denies that Plaintiff is entitled to the relief requested. Defendant 23 Pajon respectfully requests that the Complaint be dismissed with prejudice, and that 24 Plaintiff's request for relief be denied, and for an award of attorneys' fees and costs. 25 26 27 28

AFFIRMATIVE DEFENSES FIRST DEFENSE (Failure to State a Claim) 1.
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The Complaint and all claims for relief alleged therein fail to state a
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ANSWER TO COMPLAINT

1 claim upon which relief can be granted. 2 3 4

SECOND DEFENSE (License) 2. Plaintiff's claims and the relief requested are barred based on the

5 existence of a valid license that authorized each of the Defendants to engage in the 6 allegedly infringing conduct. 7 8 9
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THIRD DEFENSE (Statute of Limitations) 3. The Complaint is barred by the applicable statute of limitations. FOURTH DEFENSE (Consent) 4. Plaintiffs claims and the relief requested because he consented to

10 11 12

13 allegedly wrongful conduct stated in the Complaint. 14 15 16

FIFTH DEFENSE (Waiver) 5. Plaintiff's claims and relief requested are barred by the equitable

17 doctrine of waiver. 18 19 20

SIXTH DEFENSE (Acquiescence) 6. Plaintiff's claims and relief requested are barred by the equitable

21 doctrine of acquiescence. 22 23 24

SEVENTH DEFENSE (Estoppel) 7. Plaintiff's claims and relief requested are barred by the equitable

25 doctrine of estoppel. 26 27 28

EIGHTH DEFENSE (Laches) 8.
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This Complaint is barred in whole or in part by the equitable doctrine
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ANSWER TO COMPLAINT

1 of laches. 2 3 4

NINTH DEFENSE (Unclean Hands) 9. Plaintiff's claims and requested relief are barred by the equitable

5 doctrine of unclean hands. 6 7 8

RESERVATION OF RIGHTS Defendant Pajon reserves the right, upon completion of his investigation and

9 discovery, to advance such additional defenses and/or counterclaims as they may be
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10 appropriate. 11

WHEREFORE, having fully answered Plaintiff's Complaint, Defendant

12 Pajon prays for judgment against Plaintiff and awarding Defendant Pajon his costs, 13 interest, reasonable attorneys' fees, together with such other and further relief as the 14 Court may deem proper. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
IR01DOCS478670.2

Respectfully submitted, Dated: March 4, 2011 BRYAN CAVE LLP Jonathan S. Pink Kara E. F. Cenar Mariangela M. Seale By: /s/ Jonathan S. Pink Jonathan S. Pink Attorneys for Defendants WILL ADAMS; ALLAN PINEDA; JAIME GOMEZ; STACY FERGUSON; WILL.I.AM MUSIC, INC.; CHERRY LANE MUSIC PUBLISHING COMPANY, INC.; TAB MAGNETIC, INC.; GEORGE PAJON, JR.; EMI BLACKWOOD MUSIC, INC.

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ANSWER TO COMPLAINT

1 2 3 4 5 6 7 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

JURY TRIAL DEMAND Defendant Pajon hereby demands a jury trial.

Respectfully submitted, Dated: March 4, 2011 BRYAN CAVE LLP Jonathan S. Pink Kara E. F. Cenar Mariangela M. Seale By: /s/ Jonathan S. Pink Jonathan S. Pink Attorneys for Defendants WILL ADAMS; ALLAN PINEDA; JAIME GOMEZ; STACY FERGUSON; WILL.I.AM MUSIC, INC.; CHERRY LANE MUSIC PUBLISHING COMPANY, INC.; TAB MAGNETIC, INC.; GEORGE PAJON, JR.; EMI BLACKWOOD MUSIC, INC.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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