-Caveat Lector- I figured I might as well post the rest (see the Bell Home page for the exhibits): (Bell Complaint, continued) FIRST CAUSE OF ACTION FOR SLANDER AND CONSPIRACY TO COMMIT SLANDER (By Plaintiff Against All Defendants) Bell incorporates each of the foregoing allegations as though fully set forth herein. Oates and Stephens published the slanderous comments about Bell on the April 3, 1999 radio station, and in their subsequent retransmission of the same and similar statements over the Internet, with actual knowledge that the statements were false or with reckless disregard for the truth or falsity of such statements. Defendants undertook the actions described above with ill will, actual malice, and hatred towards Bell. They knew that their assertions regarding Bell's character and alleged criminal history were false. They also knew that the statements were particularly likely to harm Bell personally and professionally in that Defendants alleged that Bell had committed and been convicted of serious crimes, including child molestation, prostitution, and pimping, which are universally vilified in the community. Defendants also alleged that Bell was and is mentally ill, variously describing him as "crazy" and an individual with a "pathos," who acts with "dark malice." Defendants have gone on to allege that Bell is a rapist, who routinely engages in sadomasochistic homosexual rituals. Each of these assertions were made in an effort to gain revenge against Bell, but without any regard for the statements truth or falsity. The statements described above were published as part of Defendants' conspiracy against Bell. As evidenced by their coordinated actions and attacks, Defendants each had knowledge of and agreed to both the objective and course of conduct engaged in to cause harm to Bell. Defendants' wrongful acts directed towards Bell were carried out pursuant to their conspiratorial agreement. Defendants' conspiracy has resulted in significant harm to Bell. The agreement reached between Oates and Stephens is apparent from their collusion in the initial publication of the April 3 broadcast, their joint scheme to retransmit the broadcast over the Internet, and their additional joint acts of defamation directed against Bell and his colleagues and employer. As a direct result of Defendants' slanderous statements, Bell has suffered general damages, including mental anguish, severe damage to his reputation, shame, disgrace, mortification, hurt feelings, and other damages to be proved at trial. As a direct result of Defendants' slanderous statements, Bell has also suffered special damages, including harm to his business, trade, profession, and occupation, including a loss of revenue and the requirement that he expend significant time and personal effort (to the detriment of his professional life) defending himself against Defendants' past and ongoing acts of defamation. In particular, Bell is now not able to participate in the full number of broadcasts he did last year. That change has been necessary in order for Bell to have sufficient time to respond to false and defamatory statements and deal with the emotional distress those statements have caused him. Defendants' acts described above herein were done maliciously or oppressively as defined in Civil Code Section 3294. The above-described words were published and actions undertaken by Defendants with actual malice and or oppression in that Defendants were aware and intended that the words were false and defamatory, and would cause injury to Bell and his professional reputation and would diminish Bell's livelihood. Despite this knowledge, Defendants uttered, broadcast, and rebroadcast their slanderous statements and thus subjected Bell to cruel and unjust hardship; and Bell should recover, in addition to actual damages, exemplary damages to make an example of and to punish Defendants in an amount proportionate to the wealth of Defendants. SECOND CAUSE OF ACTION FOR SLANDER PER SE AND CONSPIRACY TO COMMIT SLANDER PER SE (By Plaintiff Against All Defendants) Bell incorporates each of the foregoing allegations as though fully set forth herein. Oates and Stephens published the slanderous comments about Bell in the April 3, 1999 radio broadcast, and in their subsequent retransmission of the same and similar statements over the Internet, with actual knowledge that the statements were false or with reckless disregard for the truth or falsity of such statements. The words spoken by Defendants over Oates' radio program, and transmitted by both Defendants over the Internet, were slanderous per se in that they: Falsely charged Bell with having committed crimes; Falsely charged Bell with having been convicted of crimes; Falsely charged Bell with having been punished for crimes; Falsely charged Bell with suffering from a mental illness; Falsely charged Bell with engaging in sadomasochistic homosexual activities; and Tended directly to injure him in his profession, trade or business by impugning his integrity with the listening public, and trying to discredit him with his employer. Defendants undertook the actions described above with ill will, actual malice, and hatred towards Bell. They knew that their assertions regarding Bell's character and alleged criminal history were false. They also knew that the statements were particularly likely to harm Bell personally and professionally in that Defendants alleged that Bell had committed and been convicted of serious crimes, including child molestation, prostitution, and pimping, which are universally vilified in the community. Defendants also attempted to discredit Bell by claiming that he was and is mentally ill, variously describing him as "crazy" and an individual with a "pathos," who acts with "dark malice." Each of these assertions were made in an effort to gain revenge against Bell, but without any regard for the statements truth or falsity. The statements were carried out as part of Defendants' conspiracy against Bell. Defendants each had knowledge of and agreed to both the objective and course of conduct engaged in to cause harm to Bell. Defendants' wrongful acts directed towards Bell were carried out pursuant to their conspiratorial agreement. Defendants' conspiracy has resulted in significant harm to Bell. The agreement reached between Oates and Stephens to defame Bell is apparent from their collusion in the initial publication of the April 3 broadcast, their joint scheme to retransmit the broadcast over the Internet, and their additional joint acts of defamation directed against Bell and his colleagues and employer. As a direct result of Defendants' slanderous statements, Bell has suffered general damages, including mental anguish, severe damage to his reputation, shame, disgrace, mortification, hurt feelings, and other damages to be proved at trial. As a direct result of Defendants' slanderous statements, Bell has also suffered special damages, including harm to his business, trade, profession, and occupation, including a loss of revenue and the requirement that he expend significant time and personal effort (to the detriment of his professional life) defending himself against Defendants' past and ongoing acts of defamation. In particular, Bell is now not able to participate in the full number of broadcasts he did last year. That change has been necessary in order for Bell to have sufficient time to respond to false and defamatory statements and deal with the emotional distress those statements have caused him. Defendants' acts described above herein were done maliciously or oppressively as defined in Civil Code Section 3294 in that the above-described words were published and actions undertaken by Defendants with actual malice and or oppression in that Defendants were aware and intended that the words were false and defamatory, and would cause injury to Bell and his professional reputation and would diminish Bell's livelihood. Despite this knowledge, Defendants uttered, broadcast, and rebroadcast their slanderous statements and thus subjected Bell to cruel and unjust hardship; and Bell should recover, in addition to actual damages, exemplary damages to make an example of and to punish Defendants in an amount proportionate to the wealth of Defendants. THIRD CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CONSPIRACY TO INFLICT EMOTIONAL DISTRESS (By Plaintiff Against All Defendants) Bell incorporates each of the foregoing allegations as though fully set forth herein. Defendants undertook the outrageous actions described above with ill will, actual malice, and hatred towards Bell. They knew (or acted with reckless disregard with respect to the fact) that their assertions regarding Bell's character, mental health, and alleged criminal history were false. They also knew (or acted with reckless disregard with respect to the fact) that their outrageous statements and actions, and the outrageous manner in which those statements were made and actions undertaken, were particularly likely to harm Bell personally and professionally in that Defendants alleged that Bell had committed and been convicted of serious crimes, including child molestation, prostitution, and pimping, which are universally vilified in the community. Each of these assertions were made in an effort to gain revenge against Bell, but without any regard for the statements' truth or falsity. Defendants' conduct was specifically directed at Bell in that the allegations made were designed to be picked up by radio listeners and Internet users in Bell's target audience group. Indeed, the one caller during the Stephens' segment of the April 3, 1999 David Oates show was from Santa Monica, California. The outrageous conduct, which continues to this day through rebroadcast and new postings on the Internet, are specifically directed at Bell himself. Defendants' attacks against Bell have only intensified since the initial broadcast on April 3, 1999. The outrageous manner in which Stephens and Oates have and continue to attack Bell is and was designed solely to inflict the most intense harm possible on Bell. (See Exhibit F.) As a direct result of Defendants' scurrilous and false allegations, Bell has suffered severe and enduring emotional distress. Bell has been humiliated by the public exposure of these false allegations, and has been unable to work at the same levels he was once able to achieve prior to Oates' and Stephens' relentless campaign of defamation. To put it mildly, the allegations of child molestation, mental illness, pimping, and conviction of various crimes have been emotionally devastating to Bell. The statements and actions described above were carried out as part of Defendants' conspiracy against Bell. Defendants each had knowledge of and agreed to both the objective and course of conduct engaged in to cause harm to Bell. Defendants' wrongful acts directed towards Bell were carried out pursuant to their conspiratorial agreement. Defendants' conspiracy has resulted in significant harm to Bell. The agreement reached between Oates and Stephens to defame Bell is apparent from their collusion in the initial publication of the April 3 broadcast, their joint scheme to retransmit the broadcast over the Internet, and their additional joint acts of defamation directed against Bell and his colleagues and employer. Defendants' acts described above herein were done maliciously or oppressively as defined in Civil Code Section 3294 in that the above-described words were spoken and actions undertaken with actual malice and or oppression in that Defendants were aware and intended that the words were false and defamatory, and would cause injury to Bell and his professional reputation and would diminish Bell's livelihood. Despite this knowledge, Defendants uttered, broadcast, and rebroadcast their slanderous statements and thus subjected Bell to cruel and unjust hardship. Defendants' actions were undertaken in a particularly outrageous manner, that was obviously designed to have the maximum impact on Bell, his listening audience, and his employer. As a result, Bell should recover, in addition to actual damages, exemplary damages to make an example of and to punish Defendants in an amount proportionate to the wealth of Defendants. FOURTH CAUSE OF ACTION FOR TORTIOUS INTERFERENCE WITH CONTRACT AND CONSPIRACY TO TORTIOUSLY INTERFERE WITH CONTRACT (By Plaintiff Against All Defendants) Bell incorporates each of the foregoing allegations as though fully set forth herein. At the time they made their false and defamatory allegations against Bell, Defendants were aware that Bell had a broadcast contract with Premiere/Jacor. (See Exhibit C (indicating Oates awareness of Bell's contract with Premiere's affiliate, Jacor.) Bell's contract with Premiere/Jacor was and is valid. Defendants intended to "get" Bell for failing to accord them sufficient respect when they appeared on his radio program by, among other things, inducing Premiere/Jacor to question Bell's integrity and void or their contract with him. Oates in particular informed one witness that "he was 'going to burn [Bell's] career down to the f__ing ground.'" (Exhibit E at 5.) Oates told another witness that he planned to make Art pay for embarrassing him on his radio show. Finally, Stephens recent website postings have focused, almost gleefully, on the impact the Stephens/Oates acts of defamation have had on Bell's audience under his Premiere/Jacor broadcast contract. (See Exhibit D.) Also, Defendants were aware that Bell would suffer severe and crushing emotional pain as a result of Defendants' onslaught of false and defamatory allegations, and that such emotional pain would very likely interfere with Bell's obligations under his contract with Premiere/Jacor. Defendants' wrongful acts are the direct and sole cause of the interference with Bell's contract with Premiere/Jacor. Bell has been damaged as a result of Defendants' interference because he is now not able to participate in the full number of broadcasts he did last year. That change has been necessary in order for Bell to have sufficient time to respond to false and defamatory statements and deal with the emotional distress those statements have caused him. This decrease in air time for Bell has deprived him of many millions of dollars in income. If not for Defendants' interference, Bell's contract with Premiere/Jacor would have continued, uninterrupted, with full air time realized, for another six years. As a direct and proximate result of Defendants' actions, Bell has suffered both emotional distress and significant lost profits and increased expenses from the Defendants' manifest intent to interfere with the natural and full completion of the Premiere/Jacor contract. The statements and actions described above were carried out as part of Defendants' conspiracy against Bell. Defendants each had knowledge of and agreed to both the objective and course of conduct engaged in to cause harm to Bell. Defendants' wrongful acts directed towards Bell were carried out pursuant to their conspiratorial agreement. Defendants' conspiracy has resulted in significant harm to Bell. The agreement reached between Oates and Stephens to defame Bell is apparent from their collusion in the initial publication of the April 3 broadcast, their joint scheme to retransmit the broadcast over the Internet, and their additional joint acts of defamation directed against Bell and his colleagues and employer. Defendants' acts described above herein were done maliciously or oppressively as defined in Civil Code Section 3294 in that the above-described words were spoken and the actions undertaken with actual malice and or oppression in that Defendants were aware and intended that the words were false and defamatory, and would cause injury to Bell and his professional reputation and would diminish Bell's livelihood. Despite this knowledge, Defendants uttered, broadcast, and rebroadcast their slanderous statements and thus subjected Bell to cruel and unjust hardship; and Bell should recover, in addition to actual damages, exemplary damages to make an example of and to punish Defendants in an amount proportionate to the wealth of Defendants. FIFTH CAUSE OF ACTION FOR TORTIOUS INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE AND CONSPIRACY TO TORTIOUSLY INTERFERE WITH PROSPECTIVE ECONOMIC ADVANTAGE (By Plaintiff Against All Defendants) Bell incorporates each of the foregoing allegations as though fully set forth herein. Defendants have carried out their campaign of false and defamatory allegations with the express goal of gaining revenge against Bell and injuring his career. Upon information and belief, at the time Defendants carried out their campaign of slander against Bell, they were aware that his radio program was successful and that it had been gaining in ratings. Bell has a current base of listeners and would, as a matter of the ordinary course of his business, seek to expand that base. Bell's listenership and the number of stations syndicating his show had been on an upward trend. Bell has a valid, existing contract with Premiere/Jacor, under which payments to Bell increase as his listenership and revenues increase. Defendants' conduct is designed to disrupt that expansion and to prevent Bell from bringing his program to additional listeners (and thereby increasing revenues). Each additional radio station that carries Bell's show expands his listener base and increases the profits realized by both Bell and Premiere/Jacor from the Bell show. Those increased profits will be diminished as a result of Defendants' actions. At the time they took the actions detailed above, Defendants were well-aware of Bell's contractual relationship with Premier/Jacor, and they acted intentionally to disrupt the potential future benefits of that relationship. Bell's economic relationship, and the potential future benefits of that relationship have been impacted in at least two ways by Defendants' actions. First, Bell is not on the air as often as he was prior to the attacks undertaken by Oates and Stephens. That change has been necessary in order for Bell to have sufficient time to respond to false and defamatory statements and deal with the emotional distress those statements have caused him. Second, according to Oates' own website postings, Bell's listenership is down as a result of the defamatory comments and outrageous actions undertaken by Oates and Stephens. (See Exhibit D.) As a direct and proximate cause of Defendants' actions, Bell has suffered lost profits and severe mental distress. The statements and actions described above were carried out as part of Defendants' conspiracy against Bell. Defendants each had knowledge of and agreed to both the objective and course of conduct engaged in to cause harm to Bell. Defendants' wrongful acts directed towards Bell were carried out pursuant to their conspiratorial agreement. Defendants' conspiracy has resulted in significant harm to Bell. The agreement reached between Oates and Stephens to defame Bell is apparent from their collusion in the initial publication of the April 3 broadcast, their joint scheme to retransmit the broadcast over the Internet, and their additional joint acts of defamation directed against Bell and his colleagues and employer. Defendants' acts described above herein were done maliciously or oppressively as defined in Civil Code Section 3294 in that the above-described words were spoken by Defendants with actual malice and or oppression in that Defendants were aware and intended that the words were false and defamatory, and would cause injury to Bell and his professional reputation and would diminish Bell's livelihood. Despite this knowledge, Defendants uttered, broadcast, and rebroadcast their slanderous statements and thus subjected Bell to cruel and unjust hardship; and Bell should recover, in addition to actual damages, exemplary damages to make an example of and to punish Defendants in an amount proportionate to the wealth of Defendants. SIXTH CAUSE OF ACTION (IN THE ALTERNATIVE) FOR NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE (By Plaintiff Against All Defendants) Bell incorporates each of the foregoing allegations as though fully set forth herein. Bell has a current base of listeners and would, as a matter of the ordinary course of his business, seek to expand that base. Bell's listenership and the number of stations syndicating his show had been on an upward trend. Bell has a valid, existing contract with Premiere/Jacor, under which payments to Bell increase as his listenership and revenues increase. It was clearly foreseeable by Defendants that their conduct would disrupt that expansion and prevent Bell from bringing his program to additional listeners. Indeed, the nature and quality of Defendants' egregious actions make it impossible that they could have carried out their campaign without having a direct impact on Bell and his economic relationship with Premiere/Jacor, thus they had a duty to Bell to avoid engaging in such conduct. Each additional radio station that carries Bell's show expands his listener base and increases the profits realized by both Bell and Premiere/Jacor from the Bell show. Those increased profits will be diminished as a result of Defendants' actions. At the time they took the actions detailed above, Defendants were well-aware of Bell's contractual relationship with Premier/Jacor, and they acted negligently in disrupting the potential future benefits of that relationship. Bell's economic relationship, and the potential future benefits of that relationship have been impacted in at least two ways by Defendants' actions. First, Bell is not on the air as often as he was prior to the attacks undertaken by Oates and Stephens. That change has been necessary in order for Bell to have sufficient time to respond to false and defamatory statements and deal with the emotional distress those statements have caused him. Second, according to Oates own website postings, Bell's listenership is down as a result of the defamatory comments and outrageous actions undertaken by Oates and Stephens. (See Exhibit D.) As a direct and proximate cause of Defendants' actions, Bell has suffered lost profits and severe mental distress. The statements and actions described above were carried out as part of Defendants' conspiracy against Bell. Defendants each had knowledge of and agreed to both the objective and course of conduct engaged in to cause harm to Bell. Defendants' wrongful acts directed towards Bell were carried out pursuant to their conspiratorial agreement. Defendants' conspiracy has resulted in significant harm to Bell. The agreement reached between Oates and Stephens to defame Bell is apparent from their collusion in the initial publication of the April 3 broadcast, their joint scheme to retransmit the broadcast over the Internet, and their additional joint acts of defamation directed against Bell and his colleagues and employer. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for the following relief: ON THE FIRST CAUSE OF ACTION For general and special damages in excess of $10,000,000; For interest on this sum at the prevailing or legal rate, whichever is greater; For an injunction prohibiting continued publication of the defamatory comments once they have been determined to be defamatory; and For punitive damages in an amount to be determined at trial. ON THE SECOND CAUSE OF ACTION For general and special damages in excess of $10,000,000; For interest on this sum at the prevailing or legal rate, whichever is greater; For an injunction prohibiting continued publication of the defamatory comments once they have been determined to be defamatory; and For punitive damages in an amount to be determined at trial. ON THE THIRD CAUSE OF ACTION For damages in excess of $10,000,000; For interest on this sum at the prevailing or legal rate, whichever is greater; For an injunction prohibiting continued publication of the defamatory comments (that resulted in severe emotional distress) once they have been determined to be defamatory; and For punitive damages in an amount to be determined at trial. ON THE FOURTH CAUSE OF ACTION For damages in excess of $10,000,000; For lost profits and the increased expenses Bell has suffered; For interest on these sums at the prevailing or legal rate, whichever is greater; For an injunction preventing Oates or Stephens from continuing to induce a breach of Bell's contracts; and For punitive damages in an amount to be determined at trial. ON THE FIFTH CAUSE OF ACTION For damages in excess of $10,000,000; For lost profits and the increased expenses Bell has suffered; For interest on these sums at the prevailing or legal rate, whichever is greater; For an injunction preventing Oates or Stephens from continuing to interfere with Bell's prospective economic advantages; and For punitive damages in an amount to be determined at trial. ON THE SIXTH CAUSE OF ACTION For damages in excess of $10,000,000; For lost profits and the increased expenses Bell has suffered; For interest on these sums at the prevailing or legal rate, whichever is greater; and For an injunction preventing Oates or Stephens from continuing to interfere with Bell's prospective economic advantages. ON EACH CAUSE OF ACTION For Bell's costs of suit; and For such other and further relief as the Court deems just, equitable, and proper. Dated: 5/27/99 Respectfully submitted, FOX, SIEGLER & SPILLANE LLP By: ___/s/_____________________ Gerard P. Fox Attorneys for Plaintiff Art Bell ================================================================= Kaddish, Kaddish, Kaddish, YHVH, TZEVAOT FROM THE DESK OF: <[EMAIL PROTECTED]> *Mike Spitzer* <[EMAIL PROTECTED]> ~~~~~~~~ <[EMAIL PROTECTED]> The Best Way To Destroy Enemies Is To Change Them To Friends Shalom, A Salaam Aleikum, and to all, A Good Day. ================================================================= DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. 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