Jason David Yonai v. The Big Four Music Group et al

Filing 11

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND by Judge Otis D. Wright, II: Yonai may file a second amended complaint by Wednesday, December 4, 2013. This is the last time the Court will permit amendment. Failure to comply with Rule 8again, or failure to file a timely amended complaint, will result in dismissal without leave to amend. The Court again advises Yonai that a Federal Pro Se Clinic is located in the United States Courthouse. (lc). Modified on 11/13/2013. (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JASON DAVID YONAI; KAZELOON
RECORDS & K.D. LEAN, INC.,
v.

Plaintiffs,

Case No. 2:13-cv-07938-ODW(JEMx)
ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND

SONY BMG MUSIC
ENTERTAINMENT; UNIVERSAL
MUSIC GROUP; WARNER MUSIC
GROUP; JIMMY IOVINE,
INTERSCOPE RECORDS, WHOEVER
APPLICABLE, ET AL.; THE BIG FOUR
MUSIC GROUP,
Defendants.

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On October 28, 2013, Plaintiff Jason David Yonai filed a putative civil-rights

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Complaint against myriad record-label Defendants. (ECF No. 1.) On October 31,

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2013, the Court dismissed Yonai’s Complaint with leave amend because Yonai failed

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to specifically allege which copyrights he owned and how exactly he contends that

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each Defendant infringed them. (ECF No. 6.)

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On November 12, 2013, Yonai filed a First Amended Complaint that purports

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to address his previous pleading deficiencies. But since the Court finds that Yonai has

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still not properly alleged any viable copyright-infringement claims, the Court again

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DISMISSES Yonai’s First Amended Complaint WITH LEAVE TO AMEND.

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Federal Rule of Civil Procedure 8(a) requires that a pleading contain a short

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and plain statement of a claim showing that the pleader is entitled to relief. Bautista v.

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L.A. Cnty., 216 F.3d 837, 840 (9th Cir. 2000). Plaintiff must plead a short and plain

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statement of the elements of his claim, “identifying the transaction or occurrence

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giving rise to the claim and the elements of a prima facie case.” Id. Further, Plaintiff

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must eliminate all preambles, introductions, argument, speeches, explanations, stories,

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griping, vouching, evidence, attempts to negate possible defenses, summaries, and the

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like from his complaint. McHenry v. Renne, 84 F.3d 1172, 1180 (9th Cir. 1996). The

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Court should be able to read and understand Plaintiff’s pleading within minutes. Id. at

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1177.

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Although the Court is required to give pro se plaintiffs some leniency in terms

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of procedure, the plaintiff must still adequately plead his complaint. See Eldridge v.

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Block, 832 F.2d 1132, 1135–36 (9th Cir. 1987). A complaint that is unintelligible

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serves no purpose; but more importantly, it fails to perform the essential functions of a

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complaint.

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defendant, and the court—to expend resources just trying to decipher the prose. A

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court may sua sponte dismiss a complaint under Federal Rule of Civil Procedure

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12(b)(6) for failure to comply with Federal Rule of Civil Procedure 8. See Omar v.

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Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987).

McHenry, 84 F.3d at 1180.

And it requires all parties—plaintiff,

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Construing Yonai’s First Amended Complaint as best as the Court can, it

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appears Yonai is alleging that various musical artists infringed Yonai’s copyrights in

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songs Yonai wrote. Yonai specifically alleges that the artist Lil Wayne infringed

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Yonai’s copyrights in Lil Wayne’s albums The Carter 1, 2, 3, and 4 and I am Not a

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Human Being Part 1 and 2. Yonai also contends that Lil Wayne/Young Money

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copied Yonai’s lyrics when Lil Wayne wrote the line “Call me Mr. Flinstone [sic] [.]

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I can make your bedrock” in the song “Bedrock.”

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Yonai further alleges that the rapper Eminem impermissibly used the rhythm

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from Yonai’s song “Mass Murderoraz” in Eminem’s “Eminem Show LP, “Solider,”

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and “Street Life” songs. Yonai asserts that this alleged infringement caused him so

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much anger that he assaulted a police officer and committed violations of California

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prison regulations.

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Yonai also contends that Defendants committed additional infringement via

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their songs “Make It Rain” by Lil Wayne and Fat Joe; “Forever” by Drake, Eminem,

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and Lil Wayne; and “The Winner” by Drake. But Yonai does not allege which exact

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Defendants are responsible for this alleged infringement.

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Finally, Yonai requests relief “under Federal Rule of Civil Procedure Rule 1” to

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conduct a discovery hearing regarding his claims. He also asks the Court to appoint a

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lab technician, handwriting expert, or pencil-lead and pen-ink specialist to determine

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the date he wrote his six pounds of copyrighted songs.

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Despite Yonai’s repeated references to the AO 121 form he filled out, Yonai

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did not include a single copyright he allegedly owns on the form. He simply wrote

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“unassigned” under “Copyright Registration No.” and “KamiKaze Loon Music” under

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“Title of Work.” Nowhere in Yonai’s First Amended Complaint or AO 121 does

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Yonai specifically allege how a particular Defendant infringed upon one of Yonai’s

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particular copyrighted works. While he alleges that he has thousands of copyrights,

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he must make specific allegations of copyright infringement in order to satisfy Federal

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Rule of Civil Procedure 8. The Court—and likely the Defendants—cannot decipher

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Yonai’s allegations despite the amended complaint.

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The Court therefore DISMISSES Yonai’s First Amended Complaint WITH

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LEAVE TO AMEND. Yonai must specifically allege discrete acts of infringement

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and identify which Defendant or Defendants committed the alleged acts. It is not

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enough just to assert he has thousands of copyrights and say it would be too difficult

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to name each one. The Defendants must be able to respond to specific allegations that

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plausibly allege copyright infringement of identified works.

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Yonai may file a second amended complaint by Wednesday, December 4, 2013.

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This is the last time the Court will permit amendment. Failure to comply with Rule 8

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again, or failure to file a timely amended complaint, will result in dismissal without

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leave to amend.

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The Court again advises Yonai that a Federal Pro Se Clinic is located in the

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United States Courthouse at 312 N. Spring Street, Room 525, Fifth Floor, Los

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Angeles, California 90012.

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Wednesdays, and Fridays from 9:30 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m.

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The Federal Pro Se Clinic offers free, onsite information and guidance to individuals

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who are representing themselves in federal civil actions.

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Plaintiffs may visit http://www.cacd.uscourts.gov/ and follow the link for “Pro Se

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The clinic is open for appointments on Mondays,

For more information,

Clinic – Los Angeles” or contact Public Counsel at 213-385-2977, extension 270.
IT IS SO ORDERED.

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November 13, 2013

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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