-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.
=================================================================
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