STEVEN YORK, ESQ.

SBN 239622
LAW OFFICES OF STEVEN YORK
601 West Broadway, Suite 1660
San Diego, CA 92101
Tete phone: (619) 233-1033
Facsimile: (619) 684-3594

Attorney for Plaintiff CHRIS LEBEN

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO —CENTAL DIVISION

10

CHRIS LEBEN, an individual, Case No.: TBD

12 Plaintiff,
COMPLAINTFOR DAMAGES:
13 v.
1. BREACH OF CONTRACT
14 WORLD BARE KNUCKLE FIGHTING 2. FRAUD/INTENTIONAL
FEDERATION; TOMASZ STANKIEWICZ MISREPRESENTATION
15 and DOES I to 25, inclusive, 3. FRAUDULENT DECEIPT
16
Defendants.
17

18
PlaintiffCHRIS LEBEN (hereinatter "Plaintiff') brings this action against Defendants WORLD
19
BARE KNUCKLE FIGHTING FEDERATION (hereinatter WBKFF); TOMASZ
20
STANKIEWICZ (hereinafter STANKIEWICZ) and DOES I to 25, inclusive to recover
21
$ 90,000.00 plus costs, attorney's fees and punitive damages for breach of contract, fraud and
22
intentional misrepresentation and fraudulent deceit.
23
PARTIES AND JURISDICTION
24
1. Plaintiff is an individual over the age of eighteen and a resident of San Diego County,
25
California.
26

27
1
28
COMPLAINT FOR DAMAGES
 2. Defendant WBKFF is a corporation that is incorporated and licensed in the state of
Wyoming with its business address listed as 2232 Dell Range Blvd, Suite 245 —3022,
Cheyenne, Wyoming 82009.

3. Defendant STANKIEWICZis an individual listed as the CEO and President of WBKFF

according to the Wyoming Secretary of State Application for Registration of Trade Name
filed on behalf of WBKFF dated June 27, 2018. Plaintiff is informed and believes that

STANKIEWICZis also the owner of WBKFF.

4. Defendants I to 25 are as yet unknown companies and/or individuals affiliated or

associated with WBKFF and/or STANKIEWICZwho, upon information and believe,

10 may bear some liability for Plaintiffs losses. The true names or capacities, whether

corporate or otherwise, of Defendants I to 25 are unknown to Plaintiffwho therefore sue

12 such defendants by such fictitious names and will amend this Complaint to show their
13 true names and capacities when asserted.

14 5. Jurisdiction is proper in the Superior Court for the County of San Diego pursuant to

15 Section 410.10 of the California Code of Civil Procedure because it has general subject

16 matter jurisdiction and no statutory exceptions to jurisdiction exist. The amount of

17 controversy exceeds the jurisdictional minimum of this Court.

18 6. Venue is proper in the County of San Diego because Defendants have availed themselves

19 of personal jurisdiction by doing business in San Diego, namely and not limited to,

20 recruiting Plaintiffwho operates his business as a fighter in and out of San Diego County.

21 The basis of Plaintiffs Complaint arises out of Defendant's reaching out to contact and

22 recruit Chris Leben in San Diego County.

23 FACTUAL ALLEGATIONS
24 7. Sometime prior to November 9, 2018, Plaintiffentered into a written agreement with

25 Defendants in which Plaintiff agreed to fight Phil Baroni under a WBKFF card and

26 promotion in exchange for a payment of $ 100,000.00.

27
2
28
COMPLAINT FOR DAMAGES
 8. Plaintiffperformed all requisite portions of his agreement by engaging in said bout and
event on or around November 9, 2018 which was organized, promoted and produced by

Defendants.

9. As part of the agreement, Defendants paid Plaintiff the down payment sum of $ 10,000.00
prior to the bout.
10. Per the terms of the agreement, the balance of the $ 90,000.00 under the contract became

due to Plaintiffimmediately following the bout with Phil Baroni.

11. Despite repeated requests and demands in writing by Plaintiff, Defendant failed and
refuses to compensate Plaintiffper the terms of the agreement.
10 FIRST CAUSE OF ACTION
(Breach of Contract)
12 12. Plaintiffadopts and incorporates the allegations contained in paragraphs 1 through 11 as

13 iffully set forth herein. All parties were in agreement as the terms of the contract set forth

14 herein.

15 13. Plaintiff complied completely with the terms of the agreement, namely that he participate

16 in the bout against Phil Maroni in Defendant's event which he did and which occurred on

17 or around November 9, 2018.

18 14. Defendants, and each of them, failed to comply with the terms of the agreement to

19 compensate Plaintiff the remaining amount of $ 90,000.00 due under the contract.

20 15. As a result of this breach, Plaintiff has suffered monetary damages including attorney's

21 fees and litigation costs in addition to the sum owed to him.

22 SECOND CAUSE OF ACTION

23 (Fraudulent Deceit)
24 16. Plaintiffadopts and incorporates the allegations contained in paragraphs 1 through 15 as

25 iffully set forth herein.

26 17. Defendants TOMASZ and others willfullyand intentionally engaged in fraud and deceit

27 as defined by California Civil Code g 1709-1710.

3
28
COMPLAINT FOR DAMAGES
 18. Defendants TOMASZ and others induced Plaintiff into participating in the bout against
Phil Maroni by promising him compensation in the sum of $ 100,000.00 and paying him a

down payment in the amount of $ 10,000.00.

19. Defendants TOMASZ fraudulent promises to compensate Plaintiffoccurred in the
months preceding the November 9, 2018 bout.

20. Defendants TOMASZ assertions and promises, which induced Plaintiffinto engaging in
the bout (in which he suffered severe and permanent physical injuries) were not true and

Defendants did not believe their assertions and promises to be true.

21. Defendants TOMASZ and others intentionally suppressed from Plaintiffthe true facts
10 that they were incapable of compensating Plaintifffor the contracted amount, that they
were uncertain as to their ability to compensate Plaintiff, and/or that they were unwilling

12 and/or never intended to compensate Plaintiff for the contracted amount.

13 22. Defendants TOMASZ and others made promises to Plaintiff for which they had no
14 intention of performing including but not limited to compensating him for the full amount

15 guaranteed to Plaintiffunder the terms of his contract with Defendants.

16 23. All Defendants TOMASZ'nd others'ommunications with Plaintiffin regard to the

17 assertions and promises of the contract were knowingly false and made with the intent to

18 deceive Plaintiffin order to unlawfully misappropriate Plaintiffs'ervices and

19 participation in the bout against Phil Maroni.

20 24. Defendant TOMASZ as the principle responsible for the acts of Defendant WBKFF and
21 all Defendants is vicariously and personally liable for the harm caused to Plaintiff as a

22 result of the fraudulent and deceitful acts of Defendants.

23 25. In addition, Plaintiffs'amages as a result of Defendants'raudulent and deceitful acts

24 are ongoing and increasing.

25 THIRD CAUSE OF ACTION

26 (Fraud/Intentional Misrepresentation)

27
4
28
COMPLAINT FOR DAMAGES
 26. Plaintiff adopts and reasserts the allegations contained in paragraphs 1 through 25 as if
fully set forth herein.
27. Defendants TOMASZ and others willfullyand intentionally engaged in fraud and

misrepresentation as defined by California Civil Code ) 1572.

28. Defendants TOMASZ and others induced Plaintiffinto entering into a contract by
representing he and they would compensate Plaintiffin the amount of $ 100,000.00 in
exchange for Plaintiffs participation in the bout against Phil Maroni.

29. Defendants TOMASZ'nd others'raudulent misrepresentation to compensate Plaintiff

occurred in the months preceding the bout with Phil Maroni.

10 30. Defendants TOMASZ'nd others'ssertions and promises were not true; he and they did

not believe these assertions and promises to be true and he and they made such

12 representations recklessly and without regard for the truth with the intent that Plaintiff

13 rely on these false representations in order to deceive Plaintiff so that Defendants could

14 unlawfully misappropriate Plaintiffs services and participation.

15 31. Plaintiffjustifiably and reasonably relied on Defendants'epresentations, promises and

16 assertions. Numerous other seasoned professionals participated in the organization,

17 negotiation and production of the event in which the bout with Phil Maroni was an

18 intricate part.

19 32. Defendants TOMASZ is personally liable for Plaintiffs damages as the principal

20 responsible for the acts of WBKFF and other Defendants.

21 33. Plaintiffwas damaged in an amount to be proven at trial as a result of

Defendants'raudulent

22 and deceitful actions in misappropriating the annuity funds.

23

24 PRAYER FOR RELIEF

25 WHEREFORE PLAINTIFF prays for judgment against Defendants, and each of them, on

26 all causes of action as follows:

27 1. For general damages according to proof;

5
28
COMPLAINT FOR DAMAGES
 I 2. Sums incurred and to be incurred for legal services, hospitals, physicians, surgeons, nurses

2 and other professional service, and other professional medical supplies and services;

3 3. For pre-judgment and post-judgment interest as allowed by law;

4 4. For costs of suit incurred herein; and

5 5. For such other and further relief as this Court may deem just and proper.

8 Dated: March 8, 2019

Stegn York, Esq.
Attirmey for Plaintiff,
10 CHRIS LEBEN

JURY DEMAND
12
PLAINTIFF hereby demands a trial by jury on all issues so triable.
13

14
Dated: March 8, 2019 By:
15 Step(York, Esq.
AttIIrney for Plaintiff,
16 CHRIS LEBEN
17

18

19

20

21

22

23

24

25

26

27
6
28
COMPLAINT FOR DAMAGES