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February 13th, 2014, Lawsuit against Collins Avenue, Abby Lee Miller, and ["John"] Does

The following was filed in Los Angeles by attorneys working for Kelly Hyland, two days after the broadcast of the episode "Big Trouble in the Big Apple" in February, 2014. This civil case is not to be confused with a criminal case of assault pursued by prosecutors against Kelly Abby Lee Miller in the Bronx. A pdf of these documents may be found at deadline.com.
On 27/28 May 2014, the Daily Mail reported Kelly's lawyer stating that the criminal trial was unresolved and still pending, and the civil case pending in California. In mid-August, 2014, it was reported that judge Ruth Ann Kwan would likely dismiss claims of defamation and emotional distress, but was more likely to allow a trial on contractual matters.[1][2] In October 2014, the same lawyers in the following documents filed another lawsuit (pdf) on behalf of Paige alone, alleging Abby assaulted Paige when throwing a chair. In November 2014, several of the charges made in the February 2014 lawsuit were dismissed by Judge Kwan as anticipated, but with several other claims proceeding to trial
Status of complaints, Nov 17, 2014:
  • 1.) ASSAULT; --- Still in play, according to the Hollywood Reporter; this is a claim that Abby attacked Kelly in the Bronx, and not vice versa. THR also states that Paige's separate suit (pdf) is still in play, claiming assault when Abby threw a chair.
  • 2.) DEFAMATION; --- Dismissed by judge
  • 3.) BREACH OF CONTRACT; --- Hearings scheduled
  • 4.) BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; --- Unclear; likely in hearings scheduled
  • 5.) QUANTUM MERUIT / UNJUST ENRICHMENT; --- Unclear; likely in hearings scheduled
  • 6.) DECLARATORY RELIEF; --- Hearings scheduled; this is largely synonymous with Kelly "getting out of her contract"
  • 7.) NEGLIGENCE; --- Hearings scheduled; this concerns damages to the floor in the Hyland home
  • 8.) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; and ---Dismissed by judge; this involves claims of intentional abuse against Kelly's daughters
  • 9.) NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. --- Dismissed by judge; this involves claims of negligent abuse against Kelly's daughters


MICHAEL R. SHAPIRO. ESQ. (CSBN 370111)
LAW OFFICE OF MICHAEL R. SHAPRIO, APC
612 North Sepulveda Blvd, Suite 11
Los Angeles, CA 90049
Tel: (310) 472-8900
Fax: (310) 472-4600
Email: mickeyimc@aol.com

MARCUS JACKSON, ESQ. (CSBN 205792)
ATTORNEY AT LAW
705 Centrer Dr., Suite 108-456
San Marcos, California 92069
Tel: (760) 798-0308
Fax: (760) 798-0408
Email: marcus@jacksonlitigation.com

Attorneys for Plaintiffs KELLY HYLAND, BROOKE HYLAND and PAIGE HYLAND


SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
CENTRAL DIVISION

KELLY HYLAND, BROOKE HYLAND and PAIGE HYLAND
Plaintiffs,

v.

COLLINS AVENUE ENTERTAINMENT, LLC, a Limited Liability Company;
ABIGAIL LEE MILLER, an Individual; and
DOES 1 through 20, Inclusive,
Defendants.

CASE NO. BC536331

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF BASED ON:

1.) ASSAULT;
2.) DEFAMATION;
3.) BREACH OF CONTRACT;
4.) BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING;
5.) QUANTUM MERUIT / UNJUST ENRICHMENT;
6.) DECLARATORY RELIEF;
7.) NEGLIGENCE;
8.) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; and
9.) NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.

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Plaintiffs, KELLY HYLAND, BROOKE HYLAND and PAIGE HYLAND upon information and belief, allege the following:

JURISDICTION AND VENUE

1. This case arises out of the professional and contractual relationship between Plaintiffs KELLY HYLAND. BROOKE HYLAND and PAIGE HYLAND (Collectively “Plaintiffs") on the one hand and Defendant COLLINS AVENUE ENTERTAINMENT, LLC (“COLLINS”) on the other, that exists/existed within the jurisdiction of the Superior Court of the County of Los Angeles. Additionally, this case arises from a personal and professional relationship, spanning many years, between Plaintiffs and Defendant ABIGAIL LEE MILLER ("MILLER"). During all times relevant to this Complaint, Defendant COLLINS was a Limited Liability Company with its principal place of business in the County of Los Angeles, State of California. COLLINS was authorized to do business in the County of Los Angeies, State of California, and was doing business in the County of Los Angeles within the jurisdiction of this court.

2. Venue is proper in this Court under California Code of Civil Procedure Section 395 because some of the wrongful conduct alleged herein occurred in this County, Defendant COLLINS has its principal place of business in this County, the records relevant to Defendants COLLINS’ business are maintained in this County and all of the parties are either located in or do business in this County of Los Angeles, State of California.


PARTIES

3. Plaintiff KELLY HYLAND, an individual, is and was at all relevant times herein an adult resident of the State of Pennsylvania.

4. Plaintiff BROOKE HYLAND, an individual, is the 16 year-old daughter of KELLY HYLAND and also resides in the State of Pennsylvania.

5. Plaintiff PAIGE HYLAND, an individual, is the 13 year-old daughter of KELLY HYLAND and also resides in the State of Pennsylvania.

6. Defendant COLLINS which is incorporated in Delaware, is and was at all relevant

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times herein a Limited Liability Company with its principal place of business in Los Angeles County and which conducts business in Los Angeles County, Plaintiffs allege that COLLINS is the production company that signed contractual agreements with each of them to take part in the reality television program “Dance Moms."

7. Defendant MILLER, an individual, is and was at all relevant times herein an adult resident of the State of Pennsylvania who travels to California for business.

8. Plaintiffs are not aware of the true names and capacities of the Defendants sued herein as DOES 1 through 20 inclusive, and therefore site these Defendants by their fictitious names. Plaintiffs will seek leave to amend the Complaint to reflect the true names and capacities of the DOE Defendants when these have been ascertained. Plaintiffs are informed and believe and based thereon allege am the fictitiously named Defendants, and each of them, were responsible in some manner for the harm sustained by Plaintiffs.

9. To the extent the conduct below was perpetrated by certain Defendants, the named Defendant or Defendants confirmed and ratified the same.

10. Plaintiffs are informed and believe and, on that basis allege, that at all times herein mentioned, each Defendant was the agent, principal and/or employee of each other Defendant in the acts and conduct alleged herein and therefore incurred liability to Plaintiffs for the acts alleged below. Plaintiffs are further informed and believe and, on that basis, allege that at all times herein mentioned. all the Defendants were acting within the course and scope of their employment and/or said agency.


BACKGROUND FACTS

11. Plaintiffs KELLY HYLAND and her two daughters BROOKE HYLAND and PAIGE HYLAND are starring cast members of the popular reality television program “Dance Moms" which is broadcast on the Lifetime Television network. The show is currently in its fourth season and features young girls, members of the Abby Lee Dance Company, who compete in dance competitions around the United States, including in the County of Los Angeles, State of California. The girls and their mothers are featured on the show and all of them are subject to the demands, as

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well as the notorious temper, of Defendant MILLER who owns the dance company. Indeed the producers of the show, in an effort to attract ratings and viewership, encourage and facilitate conflicts between MILLER on the one hand and the young girl dancers and their mothers on the other. In order to produce each episode of approximately 43 minutes, the cast spends up to 60 hours per week shooting footage of dance classes and competitions under the authoritative, domineering and often bullying and insulting leadership style of MILLER.

12. KELLY HYLAND had a long history with MILLER dating back many years before the show “Dance Moms” went into production. Back when KELLY HYLAND was a young girl she danced for MILLER’S mother. Around the time KELLY HYLAND was eight years of age MILLER started the Abby Lee Dance Company and KELLY danced for MILLER but by the time she was 14 years of age KELLY HYLAND quit due to the oppressive time demands MILLER made of her students. During KELLY HYLAND’S high school years her father and sister opened a dance studio a few minutes away from MILLER’S that actually attracted more students.[3] That competing studio, operated by KELLY HYLAND’S sister, was later sold. After KELLY HYLAND became a mother she decided she wanted her daughter BROOKE HYLAND to dance so she took BROOKE to MILLER'S dance studio. BROOKE has been dancing continuously with MILLER since she was three years of age. Later PAIGE HYLAND started dancing with MILLER as well. During this period of time, before the show “Dance Moms" ever came into existence, MILLER was generally caring and nurturing toward KELLY HYLAND'S daughters.

13. When producers started casting for the television show hundreds of mothers and their dancer children auditioned. Originally the show was conceived as a six-part documentary about the lives of child competitive dancers and their mothers, tentatively titled "Just Dance." Ultimately, KELLY HYLAND and her daughters were selected to be part of the show as well as several other girls and their mothers, most of whom were originally members of MILLER’S dance studio.

14. As the show went into production it became clear early on that the children on the show were being subjected to abusive and unlawful working conditions. In fact the girls on the show often worked long hours without receiving all required breaks in violation of Pennsylvania

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Child Labor Laws and other applicable provisions of law. The average week involves rehearsals on Tuesday through Thursdays from 4:00 p.m. to at times past 10:00 p.m. Fridays the girls generally travel many hours, usually by bus, to competitions and they spend 12-hour days on Saturdays competing before returning home on Sundays. KELLY HYLAND often complained, starting in Season Two, about the extreme burden on her daughters and on several occasions talked to producers about her desire to quit the show and remove her daughters from the production. She even had attorneys raise the subject with COLLINS at least four different times. However, on each occasion that she threatened to quit she win told that she had signed a contract and the production company would enforce it. COLLINS threatened to sue her for everything she owned if she attempted to back out of the contract she signed.

15. Most alarming was the emotional impact the show, and MILLER’S abuse, had on the young PAIGE HYLAND. MILLER is paid to be abusive and bullying to her students and provoke arguments with the mothers in front of the children MILLER screams at the girls in front of the other dancers, moms and production crew, causing them to cry, and then MILLER derides them for being emotionally weak when they do. MILLER even tossed a chair during a confrontation with PAIGE, while KELLY HYLAND was not present, causing PAIGE to run from the room terrified.[4] All of this is part out deliberate scheme by the producers to generate interest in the television show and strong ratings when each episode airs. PAIGE HYLAND began suffering from anxiety and having panic attacks[5] related to her fear of MILLER. Her condition worsened to the point that it affected her performance in school and she was interviewed by school counselors who concluded that PAIGE was being bullied by MILLER. Had KELLY HYLAND known how her daughters would be abused, harassed and overworked she never would have signed a contract with COLLINS in the first place.

16. KELLY HYLAND observed other events that she found offensive, appalling and inappropriate. There was one episode filmed in which the girls wore outfits that were so revealing that they almost looked nude for a burlesque-style dance routine.[6] MILLER even directed the girls to gesture to their breasts and crotch areas in a suggestive manner. Many of the moms objected to the producers that it was inappropriate and disgusting to sexualize young girls in this way but the

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producers of the show insisted on the girls performing in the embarrassingly revealing outfits. This episode generated much public and media criticism and has been removed from rotation by Lifetime Television. Moreover, one of the girls involved in the show is an African-American child[7] who has been subjected to offensive racial hostility by MILLER. MILLER at one point grabbed the girl’s arm yelling at her that she did not want "any little Tooties"[8] on the show. Interestingly, to appease uproar over this incident, the very next day all of the girls on the show received iPads from the producers. There were many other examples of MILLER'S inexcusable conduct.

1?. The most outrageous misconduct of an inappropriate sexual nature was not the skimpy outfits the young girls' were forced to wear. It was far more severe and alarming. At one point it was discovered that a choreographer[9] hired by COLLlNS to work with the girls was later arrested on numerous charges of child sexual assault and possession of child pornography following his engagement with the show.

18. On or about November 22, 2013 the show cast members were staying at a hotel in New Jersey and preparing to take part in a dance competition in the Bronx, New York.[10] That morning, before arriving at the location of the dance competition HYLAND received a text message from one of the producers of the show, Scott Shatsky, stating that he had some information that would get MILLER really angry that day. Indeed, the producers regularly took steps to cause conflict between the cast members, in particular the various moms and MILLER, so that heated arguments would ensue and the conflicts could be recorded for dramatic television purposes to attract viewers each week.

19. As the girls and their moms prepared for the Bronx dance competition MILLER came around and engaged in her drill sergeant style of managing the dancers. PAIGE HYLAND was preparing to perform a duet and she was suddenly pulled back because MILLER and the producers decided to suddenly make a sudden change to the performance lineup. PAIGE HYLAND was ambushed by this change in schedule.[11]

20. That day, after lunch, the girls were all getting ready for their group dance at the competition. MILLER came in and started screaming at BROOKE HYLAND. As BROOKE HYLAND began to speak MILLER shouted at her to grow up and speak for herself. KELLY

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HYLAND, angered by the abusive antagonizing of her daughter, told MILLER to shut up. Fed up with the hostile treatment her daughters received KELLY HYLAND turned a to a new mother[12] who had been brought into the show, told her “the HYLANDS are done” and handed over BROOKE and PAIGE’S costumes to the new mom as she was planning to leave the competition that day. As KELLY HYLAND attempted to leave MILLER jumped up and starting yelling at her and pointing her finger in KELLY‘S face. KELLY HYLAND demanded three separate times that MILLER get her finger out of HYLAND’S face.[13] MILLER accosted and assaulted KELLY HYLAND by continuously moving toward her, causing KELLY to have to back away, and repeatedly lunged toward KELLY gnashing her teeth loudly attempting to bite KELLY. MILLER is a very large woman, who Plaintiff is informed and believes weighs around 300 pounds or so, and this assault made KELLY HYLAND have to back away to protect herself.

21. Ultimately, as MILLER continued to lunge toward her gnashing her teeth and trying to bite KELLY HYLAND,[14] HYLAND became aware that she was about to either fall over or be bitten by MILLER. At that moment she, in self-defense, slapped MILLER and pulled MILLER’S hair away from her to avoid being bitten. As a result of this altercation MILLER called the police. HYLAND was willing no stay on the scene and intended to remain there to explain her side of events to the officers who arrived. Astoundingly, Producer Scott Shatsky and Executive Producer Bryan Stinson approached KELLY and told her to leave the site.[15][16] They intimidated her by threatening that there were several police cars en route and if she did not leave she would be arrested. KELLY HYLAND and her daughters were driven away from the scene in a van owned and operated by Defendant COLLINS. During the van ride Executive Producer Bryan Stinson called KELLY telling her to go to the airport and fly home. The producers of the television program actually encouraged HYLAND and her daughters to leave the scene of the altercation and leave the state with the police in the process of mining to the scene. Plaintiff KELLY HYLAND is informed and believes that the producers of the show desired for her to have a warrant issued for her arrest as that would make for intensely dramatic television.

22. KELLY HYLAND had no desire not plan to try to run from the police as she knew she had done nothing wrong and only acted out of self defense as a very angry and frankly very

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obese woman lunged at her repeatedly and attempted to bite her. KELLY HYLAND contacted the local police advising that she wished to take her daughters back to their hotel room in New Jersey and thereafter she would come to the police station to answer any questions necessary. As promised, KELLY HYLAND later appeared at the police department in the Bronx where she was arrested, but not handcuffed, fingerprinted and interviewed by officers.

23. HYLAND was released without bail and appeared later for her arraignment in New York on assault charges. Despite the fact she had no role in the arraignment, MILLER was present outside the Courtroom during the arraignment heckling HYLAND. MILLER'S presence was recorded by television crews from Lifetime Television and TMZ.[17] While outside the Courthouse MILLER defamed KELLY HYLAND by accusing her of being an unfit mother and endangering the safety and well-being of her own daughters. Additionally, producers of the “Dance Moms” show were also present at the arraignment. Subsequently, MILLER also appeared on the ABC nationally televised daytime talk show “The View" and other media outlets where she again defamed KELLY HYLAND by accusing her of being an unfit mother and claimed that KELLY HYLAND pulled out clumps of her hair and bruised her face during their confrontation. Also, MILLER has accused HYLAND of being an alcoholic.

24. Since the time of the altercation KELLY HYLAND has been contacted several times by producers of "Dance Moms" arbitrarily asking that she report for shoots pursuant to her contract but she has repeatedly been told she need not appear when she asked about filming regular weekly episodes. Moreover, KELLY HYLAND has been told orally that she has been suspended from the show but the producers refuse to provide confirmation of this in writing. The producers continue to ask KELLY HYLAND to make sporadic appearances as it suits their needs but refuse to allow HYLAND to continue the weekly shooting schedule. Thereby COLLINS has HYLAND at its beck and call without paying her contractual weekly compensation for each episode that she remains willing to participate in. Even more manipulative, the producers of the show have attempted to entice HYLAND to appear for gatherings and a book signing where MILLER would be present,[18] even though this would violate police orders and the terms of a temporary Order of Protection put in place by the New York court at the time of HYLAND’S arraignment.

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25. As of now KELLY HYLAND and her daughters remain in limbo. They have not been part of the regular weekly filming schedule and, with one exception, have not been paid their contractual wages for episodes of Season 4 of “Dance Moms" since the altercation in November 2013. Additionally, Plaintiffs are owed bonus monies from Season 3 and Season 4 as well as a weekly babysitting allowance, all of which are part of KELLY HYLAND'S contract. Furthermore, during the shooting of the show at one point COLLINS caused substantial damage to the floor of KELLY HYLAND’S home amounting to over $21,000 in damage. COLLINS has yet to pay the repair cost for the damage.

FIRST CAUSE OF ACTION: ASSAULT

CALIFORNIA PENAL CODE 240 AND COMMON LAW
[Against MILLER and DOES 1 through 20, Inclusive]

26. Plaintiffs repeat and re-allege paragraphs 1 through 25 above and incorporate them herein by reference as though set forth in full.

27. Defendant MILLER intentionally engaged in conduct that caused Plaintiff KELLY HYLAND to reasonably believe that she was about to be touched or harmed in an offensive manner, namely by being bitten and lunged into. A reasonable person in HYLAND'S position would have been offended by the threatened touching or harm from MILLER.

28. HYLAND did not consent to the threatened touching or harm and such conduct caused her harm, including but not limited to emotional distress and anxiety. As a result of the assault KELLY HYLAND had to physically defend herself to avoid being bitten or pushed to the point of falling.

29. As a proximate result of Defendant’s wrongful conduct, Plaintiff KELLY HYLAND has suffered loss of general and specific damages in an amount unknown at this time, but according to proof at trial.

30. As a further proximate result of the aforementioned wrongful conduct, Plaintiff KELLY HYLAND has suffered emotional distress, anxiety, frustration, anger, humiliation and anguish in an amount unknown at this time, but according to proof at trial.

31. Defendant's conduct was willful, wanton, malicious, and with reckless disregard for

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the rights of Plaintiff so as to justify an award of exemplary and punitive damages.

SECOND CAUSE OF ACTION: DEFAMATION

CALIFORNIA CIVIL CODE SECTIONS 43, 44, 45, 46 AND COMMON LAW
[Against MILLER, COLLINS and DOES 1 through 20, Inclusive]

32. PLAINTIFFS repeat and re-allege the information set forth in Paragraphs 1-31 above and incorporate these paragraphs by reference into this cause of action as if they were fully alleged herein.

33. California Civil Code Section 43 provides: “every person has, subject to the qualifications and restriction provided by law, the right of protection from... personal insult, from defamation, and from injury to his personal relations.” Ca. Civil Code § 43. g

34. California Civil Code Section 44 provides: “Defamation is effected by either of the following: (a) Libel. (b) Slander.”

35. California Civil Code Section 46 defines slander as “a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which:

“1. Charges any person with crime, or with having been indicted, convicted, or punished for crime;
2. Imputes to hint the present existence of an infectious, contagious, or loathsome disease;
3. Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;
4. Imputes to him impotence of a want of chastity; or
5. Which, by natural consequence, causes actual damage." Ca Civil Code § 46.

36. As described above, Defendant MILLER falsely accused Plaintiff KELLY HYLAND of being an alcoholic, being an unfit mother, and endangering her children. Moreover, MILLER falsely accused HYLAND of pulling out clumps of MILLER’S hair and bruising her face. These false accusations are defamatory, and per se defamatory, as they wrongfully accused KELLY HYLAND of criminal conduct and injured her in connection with her profession, trade and/or business.

37. The aforementioned statements were made by Defendant MILLER while acting, at

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least in part, within the scope of her capacity as an agent of COLLINS. Said statements were known by to be false and unsubstantiated and/or were made negligently and/or recklessly and/or without a reasonable belief in the truth of the statements.

38. The above-referenced statements were published by Defendants with knowledge of their falsity, and/or without an honest belief in their truth and/or without reasonable or probable cause to believe the statements true, and/or with reckless disregard for their truth or falsity. Given the content of the statements above-described and other factors, it was, has been, and is reasonably foreseeable to the original author of the statements that the statements would be republished by repetition.

39. These false statements, as noted hove, were published to other persons who took said statements to mean that KELLY HYLAND possesses the personal characteristics ascribed to her in those statements. Defendants’ statements were defamatory and unprivileged, pursuant to California Civil Code Sections 46 and 47, as they were made out of spite and ill will. Moreover such statements were defamatory under California common law.

40. By the actions described herein, Defendants intentionally and with conscious disregard, attempted to strip Plaintiff of her dignity and reputation among her peers and throughout the dance and entertainment industry. The false and defamatory accusations were published to numerous third parties, including being published on national television broadcasts.

41. The foregoing statements are slanderous per so in that they tend to injure Plaintiff in her trade and profession and/or accuse her of criminal activity. Furthermore, the statements expose KELLY HYLAND to hatred, contempt, ridicule, or obloquy, or cause her to be shunned or avoided.

42. The aforementioned statements were made/published by Defendant COLLINS’ managers while acting, at least in part, within the scope of their employment and agency. Said statements were known by COLLINS, and its managers, to be false and unsubstantiated.

43. The statements stated above were published with malice motivated by retaliation, hatred or ill will towards Plaintiff evidencing an intent or willingness to vex, anger, annoy or injure her and/or with wanton disregard of the civil obligations of Defendants towards Plaintiff and/or with a desire or disposition to injure Plaintiff founded upon hatred, spite, ill will or other improper

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motive and/or were excessively published and/or were published for an improper purpose and/or were published without an honest belief in their truth and/or the statements were exaggerated, overblown or colored in a manner which was detrimental to Plaintiff and/or Defendants had a wanton disregard of the consequences, rights or feelings of Plaintiff in making their publications and,/or the tenor of Defendant’ s statements evidences their malice towards her.

44. As a proximate result of Defendants’ defamation, Plaintiff has suffered loss of income/earnings in an amount unknown at this time, but according to proof at the time of trial.

45. As a further proximate result of Defendants‘ defamation, Plaintiff has suffered and continues to suffer embarrassment, humiliation, loss of self-esteem, depression, loss of the enjoyment of life, anguish and loss of credibility, all to her damage in an amount unknown at this time, but according to proof at the time of trial.

46. Defendants‘ conduct was willful, wanton, malicious, and with reckless disregard for the rights of Plaintiff so as to justify an award of exemplary and punitive damages.

THIRD CAUSE OF ACTION: BREACH OF CONTRACT

[Against Collins and Does 1 through 20, Inclusive]

47. Plaintiffs repeat and re-allege paragraphs 1 through 46 above and incorporate them herein by reference as though set forth in full.

48. During Plaintiffs‘ involvement with the television program “Dance Moms" there existed express and implied in fact contract(s) concerning Plaintiffs’ compensation for participating in Season 3 and Season 4 of “Dance Moms” (attached hereto as Exhibit A) between Plaintiffs KELLY HYLAND, BROOKE HYLAND and PAIGE HYLAND and Defendant COLLINS, which provided the terms of Plaintiffs‘ compensation for taking part in the production of the television show.

49. During the production of the show, Plaintiffs, KELLY HYLAND, BROOKE HYLAND and PAIGE HYLAND, came reasonably to expect and to rely on this promised compensation. Plaintiffs, in good faith, relied upon these representations and believed them to be true, thus resulting in their hard work and dedication to the show, including suffering numerous

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abuses and humiliations for the sake of the television program and undertaking the grueling shooting schedule. As independent consideration for these compensation contracts, and as evidence of Plaintiffs’ reliance thereon, in addition to performing their contractual obligations, Plaintiffs refrained from seeking other entertainment income opportunities in order to work with Defendants.

50. Plaintiffs undertook and duly performed all conditions of the agreements to be performed by them. Plaintiffs have at all times been ready, willing and able to perform and have offered to perform all conditions of the agreement to be performed by them, consistent with the law. Despite the representations made to Plaintiffs, and the reliance they placed on them, Defendant COLLINS failed to carry out its responsibilities under the terms of the contract(s) by failing to pay Plaintiffs the wages, bonuses and other compensation they were owed pursuant to their contract(s).

51. As a proximate result of Defendants’ breach of contract, Plaintiffs have suffered loss of wages, bonuses and other contractual benefits in an amount unknown at this time, but according to proof at trial.

FOURTH CAUSE OF ACTION: BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

[Against Collins and Does 1 through 20, Inclusive]

52. Plaintiffs repeat and re-allege paragraphs 1 through 51 above and incorporate them herein by reference as though set forth in full.

53. Implied into Plaintiffs’ above-referenced contract(s) with COLLINS is a covenant of good faith and fair dealing by which Defendant promised to give full cooperation to Plaintiffs and their performance under said contract(s) and to refrain from any conduct, which would prevent or impede Plaintiffs’ enjoyment of the fruits of said contract. Specifically, this covenant of good faith and fair dealing required Defendant to fairly, honestly, and reasonably perform the terms and conditions of the agreement.

54. Plaintiffs were in an inherently unequal bargaining position in their dealings with Defendant COLLINS. In addition, one: Plaintiffs committed to the above-referenced contract(s), and took the reasonable actions alleged herein in reliance, they were placed in a vulnerable position

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because they devoted so much time on a weekly basis exclusively to Defendant. Plaintiffs entrusted their livelihood to Defendant's willingness to perform its obligations under the contracts.

55. Defendant breached said implied covenant of good faith and fair dealing by, inter alia, failing to perform under the contracts, encouraging and failing to quell an altercation that interrupted the production of the television program and prevented Plaintiffs from continuing to take part in the show, encouraging KELLY HYLAND to flee from police in such a manner that her freedom, income earning potential and involvement in the television program would all be jeopardized, suspending Plaintiffs from the television show but refusing to issue the suspension in writing, repeatedly on sudden notice enticing KELLY HYLAND to appear for episode shoots at COLLINS’ whim despite the alleged suspension and even attempting to lure KELLY HYLAND to violate a Court order for the sake of filming “Dance Moms“ shows and events. The producers employed by COLLINS deliberately attempted to place KELLY HYLAND, BROOKE HYLAND and PAIGE HYLAND in a situation where they would be unable to continue their involvement in the production of the show “Dame Moms“ and thereby not receive their contractual compensation from the show yet they string Plaintiffs along by requesting their services when COLLINS sees fit to use them without paying their full contractual salary.

56. Such bad faith actions by COLLINS were taken at a time when Plaintiffs were fully capable of and were in fact performing their contractual obligations in a fully satisfactory manner. Such actions by Defendants were not taken because of any breach of any agreement committed by any of the Plaintiffs.

57. Plaintiffs are informed and believe that Defendants breached the above-referenced contract(s) without conducting any reasonable investigation concerning their obligations under said contract(s), without good, just and sufficient cause, for reasons totally extraneous to said contract(s), and for the purpose of defeating Plaintiffs’ enjoyment of the benefits of the contract(s). Accordingly, Defendants breached the implied duty of good faith and fair dealing.

58. As a proximate result of Defendant's breach of contract, including the breach of the covenant of good faith and fair dealing, Plaintiffs have suffered loss of wages, bonuses and other benefits in an amount unknown at this time, but according to proof in trial.

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FIFTH CAUSE OF ACTION: QUANTUM MERUIT / UNJUST ENRICHMENT

[Against Collins and Does 1 through 20, Inclusive]

59. Plaintiffs repeat and re-allege paragraphs l through 58 above and incorporate them herein by reference as though set forth in full.

60. As detailed above, Defendant COLLINS failed to pay the full wages, bonuses and other compensation to which Plaintiffs KELLY HYLAND, BROOKE HYLAND and PAIGE HYLAND were entitled pursuant to their contract(s) with Defendant and under California law. In the event that no contract, or breach thereof, for payment of wages, bonuses and benefits is found to exist, Plaintiffs may recover under the alternative theory of quantum meruit or unjust enrichment. Plaintiffs dutifully performed services for Defendants and are therefore entitled to compensation for the full value of their services rendered.

61. At the time that Plaintiffs’ compensation were due and payable by Defendant, the unpaid wages, bonuses and benefits became the property of Plaintiffs and they had a right to possess that property. By failing to pay the wages, bonuses and benefits when due, Defendant wrongfully obtained and held the monies and benefits earned by and owed to Plaintiffs, which resulted in Defendant becoming unjustly enriched.

62. The monies and other forms of property wrongfully obtained and held by Defendant conferred a substantial benefit upon Defendant. Defendant knew of and appreciated the benefit conferred upon it by its retention of Plaintiffs’ wage, bonuses, benefits and other compensation.

63. Defendant's actions thus constitute unjust enrichment upon which Plaintiffs are entitled to recover as an alternative to the theory of breach of contract.

64. Under the circumstances as alleged, it would be inequitable for Defendant to continue to retain the monies and any other property of Plaintiffs, thus they are entitled to injunctive relief to compensate them for the full value of their services and make them whole. Furthermore. Plaintiffs seek all damages available to them at law and equity for Defendants bad faith conduct.

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SIXTH CAUSE OF ACTION: DECLARATORY RELIEF

[Against COLLINS and DOES 1 through 20, inclusive]

65. Plaintiffs repeat and re-allege paragraphs 1 through 64 above and incorporate them herein by reference as though set forth in full.

66. An actual controversy has arisen and now exists between Plaintiffs and Defendants concerning their respective rights and duties pursuant to the contract(s) entered into by Plaintiffs and COLLINS. COLLINS seeks to enforce provisions of the contract(s) with Plaintiffs precluding them from engaging in publicity, taking part in television programming, media broadcasts or otherwise competing with "Dance Moms" without COLLINS‘ express written permission.[19][20] Plaintiffs contend that COLLINS’ breach nullifies the contract(s) and they are absolved of complying with any of the burdens of the contract(s) imposed upon them.

67. Plaintiffs therefore seek a judicial determination of their rights and responsibilities arising under the contract(s) with Defendants. Plaintiffs should not be precluded from pursuing any media, publicity, entertainment or other opportunities to the contracts(s) that Defendants have already breached.

68. A judicial determination is necessary and appropriate at this time to establish that Plaintiffs‘ contractual obligations to Defendants are terminated and they have the legal right to pursue other television, media and entertainment opportunities without restriction.

SEVENTH CAUSE OF ACTION: NEGLIGENCE

[Against COLLINS and DOES 1 through 20, Inclusive]

69. Plaintiffs repeat and re-allege paragraphs 1 through 68 above and incorporate them herein by reference as though set forth in full.

70. As discussed above, KELLY HYLAND permitted COLLINS to use her home for filming purposes and in doing so COLLINS caused damage to the floor in HYLAND‘S home. The damage to the floor will cost over $21,000 to repair.

71. As a direct and proximate result of the negligence, carelessness, and unlawfulness of Defendants, Plaintiffs sustained, and will continue to sustain economic and non-economic damages

[page 17]

both in an amount to be established at the time of trial.

EIGHTH CAUSE OF ACTION: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

[Against COLLINS and DOES 1 through 20, Inclusive]

72. Plaintiffs repeat re-allege and incorporate the allegations of paragraphs 1 through 71 above as though set forth in full herein.

73. Defendants’ conduct, as thoroughly alleged above, was and is extreme and outrageous conduct amounting to intentional infliction of emotional distress, which was intended to and/or was done with reckless disregard to the probability of causing Plaintiff PAIGE HYLAND to suffer severe emotional distress.

74. Defendants’ outrageous conduct includes, inter alia, forcing PAIGE HYLAND to work under grueling conditions without proper rests in violation of child labor laws, harassing and bullying PAIGE HYLAND for the sake of creating “drama" for the television show, refusing repeated requests to allow Plaintiffs to withdraw from the television show for the sake of PAIGE HYLAND‘S well-being, knowingly causing PAIGE HYLAND to be so stressed, anxious and intimidated by MlLLER‘S conduct that her personal life away from the show has been impacted.

75. As at proximate result of Defendants‘ aforementioned wrongful conduct, Plaintiff PAIGE HYLAND has suffered and continues to suffer severe emotional distress (requiring medical attention), including embarrassment, humiliation, loss of self-esteem, depression, loss of the enjoyment of life, and anguish, all to Plaintiffs damage in an amount unknown at this time, but according to proof at the time of trial.

76. Defendant’s conduct was willful, wanton, malicious, oppressive and with a conscious, deliberate and reckless disregard for the rights of Plaintiff so as to justify an award of exemplary and punitive damages.

NINTH CAUSE OF ACTION: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

[Against COLLINS, MILLER and DOES 1 through 20, Inclusive]

77. Plaintiffs repeat, re-allege and incorporate the allegations of paragraphs 1 through 76 above as though set forth in full herein.

78. Defendants’ conduct includes, inter alia, forcing PAIGE HYLAND to work under grueling conditions without proper rests in violation of child labor laws, insulting, harassing and bullying PAIGE HYLAND for the sake of creating “drama” for the television show, refusing repeated requests to allow Plaintiffs to withdraw from the television show for the sake of PAIGE HYLAND'S well-being, knowingly causing PAIGE HYLAND to be so stressed, anxious and intimidated by MILLER'S conduct that her personal life away from the show has been impacted. Such conduct was and is negligent conduct, in breach of Defendants' duty to tend to PAIGE HYLAND'S well-being as a minor, which caused Plaintiff PAIGE HYLAND to suffer severe emotional distress requiring professional medical attention.

79. As a proximate result of Defendants' aforementioned wrongful conduct, Plaintiff has suffered and continues to suffer severe emotional distress, including embarrassment, humiliation, loss of self-esteem, depression, loss of the enjoyment of life, and anguish, all to Plaintiffs damage in an amount unknown at this time, but according to proof at the time of trial.

80. Defendants conduct was willful, wanton, malicious, oppressive and with a conscious, deliberate and reckless disregard for the rights of Plaintiff so as to justify an award of exemplary and punitive damages.

WHEREFORE, Plaintiffs pray for judgment as follows:

1. For payment of past and future lost wages, compensation, bonuses and benefits;

2. For general and non-economic damages according to proof at trial;

3. For economic and special damages according to proof at trial;

4. For punitive damages as allowed by law and according to proof at trial but in no event less than $5,000,000,[21]

5. For interest an overdue and unpaid wages pursuant to California law at the

[page 19]

prevailing legal rate;

6. For civil penalties and fees as allowed by law;

7. For pre-judgment interest at the prevailing legal rate;

8. For Plaintiffs’ costs. and attorneys’ fees, according to proof;

9. For declaratory’ relief, including a determination that any and all contractual agreements with Plaintiffs and Defendants are terminated and Plaintiffs are free to pursue other media, television and entertainment opportunities without limitation;

10. For money restitution, a permanent injunction prohibiting the unlawful conduct described herein and requiring the Defendants adopt and post notice of proper business practices and policies, as well as other available injunctive relief; and

11. For such other and further relief as this Court deems just and proper.

REQUEST FOR JURY TRIAL

Plaintiffs hereby request a trial by jury for all issues so triable.

DATED: February 12. 2014

By: [scribble]
MICHAEL R. SHAPIRO, ESQ.
MARCUS JACKSON, ESQ.
Attorneys for Plaintiffs
KELLY HYLAND. BROOKE
HYLAND and PAIGE HYLAND

[page 20]



EXHIBIT A [Season 3 to 4 Contract Negotiations]

[page 1 of 3]

COLLINS AVENUE ENHLRTAINMENT, LLC
5410 Wilshire Boulevard, Suite 800
Los Angeles, CA 90036

As of October 25, 2012[22]

Kelly Hyland
Brooke Hyland
Paige Hyland


  RE: "Dance Moms" Season 3

Dear Kelly, Brooke and Paige:

Reference is made to the agreement by and between COLLINS AVENUE ENTERTAINMENT, LLC (“Producer”) and Kelly Hyland, Brooke Hyland and Paige Hyland (each, 8 “Participants” and collectively, "Participants"), executed by Participants on March 18, 2011 and amended[23] as of October 27, 2011 (the “Agreement”), with respect to the above-referenced Series. Capitalized terms used but not defined in the amendment ("Amendment") shall have the respective meaning set forth in the Agreement.

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Producer and Participants hereby further amend the Agreement as follows:

1. Producer shall pay Participants an aggregate Episodic Fee[24] in the amount of six thousand nine hundred and thirty five dollars {$6,935.00) for each episode of Season 3 of the Series on which Participants render services. It is acknowledged that the Episodic Fee will be allocated among Participants as follows; (i) four thousand eight hundred and thirty five dollars ($4,835.00) to Kelly Hyland for her services, one thousand and fifty dollars ($l,050.00) for the benefit of Brooke Hyland, and one thousand and fifty dollars ($1,050.00) for the benefit of Paige Hyland. The Episodic Fee shall be paid as set forth in Section 2.1 of the Agreement provided however that Participants shall receive their Episodic Fee retroactively to October 8, 2012 for services rendered on Season 3 prior to the date hereof.[25]

2. The Episodic Fee for Season 3 (and Season 4, if applicable) shall only apply to the (maximum of) 26 episodes per season[26] and shall not include any reunion show(s) or other such “special” or similar shows; the fee shall be $10,000.00 in the aggregate for Participants for each such reunion or "special" show on which the Participants' render services.[27]

3. Producer shall pay Participants a lump sum cycle completion bonus (“Cycle Completion Bonus") for Season 3 in the aggregate amount of forty thousand dollars ($40,000.00),[28] payable one-half upon execution of this Amendment, and one-half within five (5) days of completion of the final episode of Season 3 or upon completion of the 26th episode of Season 3, whichever is earlier, provided that Participants have fulfilled their obligations under the Agreement. It is further agreed that should Producer exercise its Option for Participants' services

"Dance Moms” / Season 3 Amendment - Hyland

[page 2 of 3]

for Season 4, and contingent upon Participants fulfilling of their obligations under the Agreement, Participants shall be entitled to a Cycle Completion Bonus in the total amount of sixty thousand dollars ($60,000), with the payment schedule to be negotiated in good faith at the time, if any, that Producer exercises its Option for Season 4.

4. In addition to the Season 3 Fee and the Cycle Completion Bonus, as set forth above, Producer shall pay Participants an aggregate fee of $12,500 for a one-day holiday episode/special shoot (the “Holiday Episode”), which shall be filmed on one day, tentatively in November 2012, and said payment shall be made no later than November 30, 2012.[29] It is agreed that said payment shall be made to Participants regardless of whether the Holiday Episode is actually filmed, and if filmed, irrespective of whether it is broadcast.

5. Producer shall pay Participants a one-time clothing allowance of $3,500.00 in the aggregate for Season 3.

6. Participants shall be entitled to receive for Season 3 a babysitting allowance in the amount of $300/week of production in which Participants render services.

7. Paragraph 7 of the Agreement is hereby further amended to:

  (a) allow Participants to appear and/or otherwise participate in commercials, infomercials and endorsements provided that:

  (i) Clients’ services in connection with the Series shall remain in first position/first priority;

  (ii) during the Exclusivity Period,[30] Participants shall not appear (unless otherwise requested by AETN[31]) in any commercials, infomercials and/or endorsements for any product or service competitive to (a) a sponsor of the Series: (b) a sponsor whose products or services are integrated into the Series. and/or (c) a sponsor with whom AETN has arranged for commercial tie-ins for the Series, without AETN's prior written approval; and

  (iii) Participants' appearances and/or participation in any permitted commercials, infomercials and endorsements hereunder shall not be a parody or derogatory of the Series, and no reference can be made in any such appearances/participation to Producer, AETN or any of its programming services, the Series, or Participants’ participation in the Series without AETN's prior written approval.

  (b) provide that AETN will not unreasonably withhold approval for one-off, nonrecurring guest appearances on scripted programs.

8. Insofar as AETN is the recipient of licensing fees from third parties licensed by AETN to conduct Merchandising and/or Publishing Activities (as defined in the Series production agreement) and/or to produce, distribute, sell publish and/or otherwise exploit Merchandise and/or Publishing Products (as defined in the Series production agreement), AETN shall pay Participants a royalty equal to One Percent (1.0%) of One Hundred Percent (100%) of gross licensing revenues (after deduction of third-party sales commissions) received by or to AETN from such Merchandise and/or Publishing Products if AETN uses the name, voice, photograph, or likeness of any Participant (individually or collectively) on such Merchandise and/or Publishing Products.

9. Reference is hereby made to that certain letter dated as of October 24, 2012[32] signed by Producer and Participants’ attorney, which letter set forth certain terms agreed to by the parties relating to the Series (the "October 24 Letter"). The parties agree that the October 24

"Dance Moms” / Season 3 Amendment - Hyland

[page 3 of 3]

Letter shall be wholly superseded by this Amendment except that Section 7 (relating to claims of beach by Producer and AETN) and Section 9 (relating to the voiding of management agreements) of the October 24 Letter shall remain in full force and binding on the parties.[33]

Except as specifically amended herein, all the terms and conditions of the Agreement are hereby ratified, confirmed and shall continue to bind Participants and apply equally no all episodes of the Series.

Please indicate Participants' acceptance of the foregoing by signing in the space provided below.

Sincerely, COLLINS AVENUE ENTERTAINMENT. LLC
By:__________
Jeffrey Collins, President

AGREED TO AND ACCEPTED:
Due:___________
Kelly Hyland
Date:__________
Brooke Hyland
Date:__________
Paige Hyland

We, Kelly Hyland and Randy Hyland, represent and warrant that we are the parents of Brooke Hyland and Paige Hyland, minors who have signed this Amendment, and we consent and hereby agree that we and the said minors will be bound by all the provisions contained herein and wall not revoke or disaffirm this Amendment at any time. We will indemnify and hold harmless the Released Parties from and against any and all damages and costs, including reasonable attorneys' fees, arising out of or related to the breach or alleged branch by us or the minors of the representations and warranties made in this Parental Consent and/or the representations and warranties made in the Amendment.


_____________
Kelly Hyland
Date:
_____________
Randy Hyland
Date:

References

  1. "Judge Ruth Ann Kwan stated she would likely strike the claims of defamation and emotional distress but permit the contractual claims." http://www.hollywoodreporter.com/thr-esq/judge-inclined-trim-dance-moms-725725
  2. "Judge Ruth Kwan indicated that she will likely throw out the defamation and emotional distress claims that cast member Hyland and her daughters slapped Miller and producers Collins Avenue Entertainment with in their multi-claim February 19 complaint."
    "Judge Kwan also says she may allow Hyland’s breach of contract claims against Collins to continue" http://deadline.com/2014/08/dance-moms-lawsuit-abby-lee-miller-lifetime-kelly-hyland-819658/
  3. Information on Kelly's family opening a nearby rival studio was never discussed on the show.
  4. The characterization of events is in reference to Night of the Living Dancers; the narrative is factually inaccurate
  5. Divas Las Vegas, with Brooke and Paige taught by guest choreographer Ricky Palomino. The episode followed a period of filming for five episodes in which: the Hylands were kicked out of Abby's studio; various dancers from AUDC and elsewhere were brought in, with plans for these dancers canceled for broadcasts; Gianna taking over the studio as Abby went AWOL, and the Hylands returning during this absence by Abby; and Abby saying she would only return when "Brooke and Paige get the hell out of my studio"
  6. Topless Showgirls
  7. presumably the allegation refers to Nia
  8. seemingly a reference to the 1980s television series The Facts of Life
  9. Grant Davies, The Apple of Her Eye
  10. Big Trouble in the Big Apple
  11. Kelly and Christi had spent previous moments angry that Maddie had performed an unscheduled duet with Kalani, which defeated the duet of Paige and Chloe's, Kelly and Christi (and likely a silently-censored and overdubbed Chloe) calling Maddie and her mother Melissa liars. Immediately following the brawl with Abby and exit of children well-described as "equal parts bemused and terrified," broadcast footage shows Kelly aggressively advancing towards a clearly nervous Melissa, as audio plays of Kelly demanding that someone "get away from me" (Kelly's back and mouth turned and obscured from the camera.)
  12. Kira Girard. Other dancers were also being auditioned as replacements
  13. Kelly once says "Get your finger out of my face," simultaneously thrusting her right index finger three times much more closely towards Miller's face. As the audio/video appears continuous, and had been released by the time of this lawsuit, each finger thrust appears to be counted as a separate demand.
  14. According to Kelly in broadcast footage from the day, variously "eating my face" or a "500 pound hog, pretending to eat me"
  15. Footage shows Holly urging Kelly to leave, and escorting her to the exits.
  16. Christi had left the scene when police were called following a physical attack against Cathy after second season nationals. Cathy had not pressed charges, although Abby warned she would have been less forgiving in The Smoke Before the Fire.
  17. Video link http://www.tmz.com/2014/01/21/dance-moms-court-abby-lee-miller-kelly-hyland-court-assault-harassment/
  18. possibly a reference to Holly's book signing in No Solo for You, filmed mid-December 2013
  19. broadwayworld.com reports on the Hylands hosting Meet and Greets, with Paige "pursuing modeling and acting" and Brooke's ongoing singing career, besides their continued dancing.
  20. In late June 2014, examiner.com reports rumors that Kelly is interested in her own reality show with her daughters, and looking for other networks that might be interested
  21. punitive damages are requested in: (31), with the claim it was Miller who assaulted Kelly; (46), with claims of being defamed, for (a) alcoholism, (b) being an unfit mother, (c) endangering her children, and (d) that Kelly has been defamed by the accusation that she pulled out clumps of hair and bruised Miller; (76) and (80) intentional and negligent infliction of emotional distress upon Paige Hyland
  22. The date follows the filming of the episode Out With the Old, In With the New, where replacement dancers filled in for the entire team
  23. The original plan was for 6 episodes
  24. As capitalized term, an Episodic Fee would not be newly defined, but would have existed previously in the "Agreement" of March 18, 2011, as amended October 27, 2011
  25. The Hylands were to be paid for the first two episodes of Season 3, in which they had not returned to Abby's studio, but had been filmed in small appearances
  26. 26 episodes * $6935 Episodic Fee = $180,310.00 in Episodic Fees per season
  27. Kelly was filmed in five or six of these special episodes in Season 3: The Smoke Before the Fire, Tell All, Part 1, Tell All, Part 2, Dance Moms Chatter: Part 1, Dance Moms Reunion: Hurricane Abby and Dance Moms Cares Special. Combined with episodic fees, $230,310.00 to $240,310.00
  28. added to 26 Episodic Fees and special episodes, a combined $270,310.00 to $280,310.00 in the third season, plus possible revenues from Producer mentioned in the following sections
  29. No Holiday special was made in November 2012; but 'Twas the Fight Before Christmas was shot November 2013
  30. As capitalized term, the Exclusivity Period would not be newly defined, but would have existed previously in the "Agreement" of March 18, 2011, as amended October 27, 2011. This section is loosening some restrictions on activities in the role of celebrities outside the show. Within the lawsuit above, Kelly seeks further "Declaratory Relief" (Sixth Cause of Action) on what she and her daughters are allowed to do in the media, seeking to have the contract ruled as already in breach by producers; and to be given the clear "legal right to pursue other television, media and entertainment opportunities without restriction."
  31. A&E Television Networks
  32. the previous day to this document
  33. This amendment contains a notable absence of newly negotiated provisions protecting Paige and Brooke from child abuse.

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