SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO
NO.
COMPLAINT FOR IMPOSITION OF
AN INVOLUNTARY TRUST
(Civil Code Section 2225)
DANIEL E. LUNGREN, ATTORNEY
GENERAL OF THE STATE OF CALIFORNIA,
Plaintiff
v.
RICHARD ALLEN DAVIS, DOES 1-50,
inclusive,
Defendants.
DANIEL E. LUNGREN, Attorney General of the State of California, files this complaint as Attorney general and alleges as follows:
1. Plaintiff is the duly constituted Attorney General of the State of California and is authorized by law to bring civil actions pursuant to California Civil Code section 2225 to require "proceeds" and/or "profits" received by a convicted felon (as defined by Civil Code section 2225(a) (9) and (10) to be held in an express involuntary trust in a bank authorized to act as a trustee. Plaintiff currently has an office within the County of Sacramento, California.
2. Defendant Richard Allen Davis ("Davis") has been convicted of the crime of murder, a felony, by a jury trial.
3. DOES 1-50 are the fictitious names of individuals, corporations, partnerships, or other legal entities who are agents, servants, employees, or "representatives" of Davis within the meaning of Civil Code section 2225(a) (3) and who have acted in concert with Davis or who will receive "proceeds" or "profits" (as defined in Civil Code sections 2225(a) (9) and (10) by designation of Davis, or on behalf of Davis, or in the stead of Davis whether by Davis' designation or by operation of law. Because plaintiff presently is uninformed as to the true names and capacities of these defendants, plaintiff sues them herein by fictitious names but will seek leave to amend the complaint when their true names are discovered.
4. Plaintiff is informed and believes and thereon alleges that the victim Polly Klaas is survived by family members who are persons described in Code of Civil Procedures sections 377.690 and 377.10 and also Probate Code section 6401(a) and are, therefore, "beneficiaries" as defined in civil Code section 2225(a) (4).
5. Plaintiff is informed and believes and thereon alleges that defendant Davis and Does 1-50 have solicited, arranged payment for, or received, or will in the future receive, income and profits (as defined in Civil Code section 2225(a) (10) from the sale or rights, the value of which is enhanced by notoriety gained from the commission of the felony for which Davis was convicted.
6. Plaintiff is further informed and believes and thereupon alleges that defendants Davis and Does 1-50 have solicited, arranged payment for, or received, or will in the future receive, proceeds (as defined in Civil Code section 2225(a) (9) from the sale of rights to, or materials that include, the story of the felony for which Davis was convicted.
7. Defendants Davis and Does 1-50 hold all such income as involuntary trustees for the benefit of the family members of the victim, Polly Klaas, who are beneficiaries within the meaning of Civil Code section 2225(a) (4).
8. Plaintiff is informed and believes and thereon alleges that the "proceeds" and "profits" described above may be subject to waste.
WHEREFORE, plaintiff prays for judgment against defendants as follows:
(1) For an order declaring that defendants, and each of them, hold all that income receive to date, and all that income to be received in the future, and all these "profits" and "proceeds" as defined in Civil Code section 2225(a) (9) and (10), in trust for the benefit of the victim's beneficiaries.
(2) For an order declaring that all such trust funds and assets be placed and deposited in a bank and held in trust by the bank, as trustee, until an order of disposition is made by this Court.
(3) For a preliminary injunction enjoining defendants and each of them from expending, disbursing, transferring or otherwise utilizing such income,k funds or assets without the express authorization of this Court.
(4) For such other and further relief as may be just and proper.
