(For Unfair Business Practices Against All Named Defendants and Does 1  Through 10)   (For Violation of California Civil Code§ 980(a)(2) Against All Named Defendants  and Does 1 through 10)   18. Cumulus provides the Broadcast Service to members of the public in  2 4  California and elsewhere, and broadcasts sound recordings through numerous radio  2 5  stations throughout California, including, without limitation, the following:  26  (a)  27  28  1116419vl  Fresno: (i) KSKS- 93.7 FM; (ii) KMGV- 97.9 FM; and (iii) KWYE  2 3   24. Plaintiff brings this action, pursuant to Fed. R. Civ. P. 23, on behalf of  itself individually and on behalf of all other similarly situated owners of Pre-1972  recordings, which recordings were reproduced, perfonned, distributed or otherwise  exploited by Cumulus via the Music Service in California. The proposed Class is  comprised of and defined as follows:  All owners of sound recordings of musical performances that  initially were "fixed" (i.e., recorded) prior to February 15, 1972,  which sound recordings were reproduced, performed, distributed  and/or otherwise exploited by Cumulus via any form or method of  delivery or storage (e.g., terrestrial broadcast, Internet, computer,  server, etc.) in California (the "Class").   25. This action may be properly brought and maintained as a class action  2 6  because there is a well-defined community of interest in the litigation and the members  2 7  of the proposed Class are clearly and easily ascertainable and identifiable.  28  6  31. Plaintiff hereby incorporates the allegations set forth above in paragraphs 1  through 3 0 above, as though fully set forth herein.   32. Pursuant to California Civil Code§ 980(a)(2), Plaintiff and the members of  the Class possess exclusive ownership interests in and to the Pre-1972 Recordings,  including the artistic performances embodied in those recordings.   33. Through its unauthorized reproduction, performance, distribution, or other  exploitation via the Music Service of Pre-1972 Recordings (including the Recordings)  in California, Cumulus has infringed the exclusive ownership interests in and to the  Pre-1972 Recordings in violation of California Civil Code§ 980(a)(2).   34. As a direct and proximate consequence of Cumulus's violation of  California Civil Code§ 980(a)(2), Cumulus has received and retained money and  value that rightfully belongs to Plaintiff and the members of the Class.  3 5. As a direct and proximate consequence of Cumulus's violation of  California Civil Code§ 980(a)(2), Plaintiff and the Class have been damaged in an  amount that is not as yet fully ascertained but which Plaintiff will ascertain and present  through competent evidence at trial, but which is no less than $5 million.   36. Cumulus's conduct is causing, and unless enjoined and restrained by this  Court will continue to cause Plaintiff and the Class great and irreparable injury that  cannot fully be compensated or measured in money. Plaintiff and each member of the  9  38. Pursuant to California Civil Code§ 980(a)(2) and California common law,  1 o Plaintiff and the Class possess exclusive ownership interests in and to the Pre-1972  11 Recordings, including the artistic performances embodied in those recordings.  12  3 9. Plaintiff and its predecessors in interest invested substantial time and  money in developing the Recordings.   40. Because Cumulus does not obtain licenses, it does not incur any of the  costs that a licensee is otherwise obligated to pay in order to reproduce, perform,  distribute or otherwise exploit via the Music Service Pre-1972 Recordings (including  17 the Recordings).  18   41. Cumulus has misappropriated, and continues to misappropriate, for its own  19 commercial benefit, the exclusive ownership interests in and to the Pre-1972  2 o Recordings reproducing, performing, distributing or otherwise exploiting via the Music  21 Service Pre-1972 Recordings (including the Recordings).  22   42. As a direct and proximate consequence of Cumulus's misappropriation,  2 3  Cumulus has received and retained money and value that rightfully belongs to Plaintiff  2 4  and the Class.  2 5   43. As a direct and proximate consequence of Cumulus's misappropriation,  2 6  Plaintiff and the Class have been damaged in an amount that is not as yet fully  27  28  10  46. Plaintiff hereby incorporates the allegations set forth above in paragraphs 1  through 30 above, as though fully set forth herein.   47. Pursuant to California Civil Code§ 980(a)(2) and California common law,  Plaintiff and the Class possess exclusive ownership interests in and to the Pre-1972  Recordings, including the artistic performances embodied in those recordings.   48. Cumulus's conduct in reproducing, performing, distributing, or other  exploitation via the Music Service Pre-1972 Recordings (including the Recordings)  constitutes a misappropriation of the property rights of the Plaintiff and the Class in the  Pre-1972 Recordings and a violation of California Civil Code§ 980(a)(2).  11  6  (For Misappropriation Against All Named Defendants and Does 1 Through 10)  7  3 7. Plaintiff hereby incorporates the allegations set forth above in paragraphs 1  8  through 30 above, as though fully set forth herein.  9  