Complaint against Johnny Castle, Kevin Casali and Darby Castellon alleges Tortious Interference with Contractual Relations, Civil Conspiracy, Concert of Action, Conversion, Unjust Enrichment
In adult industry legal news . . . on December 16, talent agency OC Modeling filed suit against performer Johnny Castle, his one-time partner Kevin Casali, and OnlyFans employee Darby Castellone (p.k.a. Castellon), claiming that the trio conspired to interfere with its business relationships with adult performers on its roster and with the OnlyFans mega-platform, and to convert the benefits of its business relationships with the performers for their own benefit, i.e. monetary compensation, to the exclusion and detriment of Plaintiff.
The dispute arises over Castle, Casali and Castellone apparently luring away performers who were signed up to OnlyFans through a OC Modeling studio account.
Castellone is alleged to have greased the skids for Castle and Casali to collect a 5% referral fee for each performer Castle and Casali lured away, and allowed them to be paid directly by OnlyFans, in contrast to other OnlyFans account managers (who must invoice the performer/content creator to collect their percentage).
OC Modeling’s complaint states in part:
OCM has been representing persons commonly known as “Brooklyn Chase” and “Sarah Jessie” as well as other persons (hereinafter collectively “Talent”), for several years and has agreements with them to seek and/or secure business opportunities which provide monetary compensation (earnings and/or revenue) to both the Talent and OCM.
OCM’s earnings are then derived through its establishment of business opportunities that it seeks, creates and/or becomes involved in and/or on behalf of the Talent that OCM works with and for the benefit derived by the Talent OCM receives compensation or financial benefit.
The monetary payment is typically/generally derived and/or paid from the opportunity presented by OCM; in this instance (as described below) the opportunity OCM presented was with OnlyFans which, in turn, paid OCM directly and the receipt of such monetary sums by OCM would and/or did satisfy the understanding of the terms and conditions of the agreement between OCM and the Talent.
In or around October 2016, OCM learned of and/or was informed of a business opportunity with an entity commonly known as “OnlyFans” and said opportunity would enable OCM to earn an ongoing, lifetime fee of five (5) percent for persons or talent that OCM establishes in OCM’s OnlyFans account or studio, and the persons or talent included in the OCM OnlyFans account or studio would also financially benefit.
Given the OnlyFans business opportunity, OCM determined for business and financial reasons that it was necessary to involve persons and/or Talent which OCM manages and/or was involved with via written and/or oral agreements the OnlyFans business opportunity such that OCM would and did discuss, involve and obtain the permission of these persons or Talent to secure the business opportunity, as well as for OCM to earn a monetary sum/fee for the inclusion of such persons or Talent in OCM’s OnlyFans account or studio and for securing the opportunity for such persons of talent.
Again, according to the business opportunity at with OnlyFans, OCM was to be paid and was paid a five (5) percent commission/ fee for lifetime from the gross receipts earned by OnlyFans from the referred person or Talent; given OCM’s relationship with its Talent, OCM established and linked their Talent to OCM’s OnlyFans account or studio.
From and after January 2017, OCM established OnlyFans opportunities for “Brooklyn Chase” and “Sarah Jessie” as well as others, and OCM began earning monthly sums of money from OnlyFans well in excess of $10,000.00 a month via OCM’s OnlyFans account or studio of listings of OCM’s Talent that OCM facilitated and presented for the OnlyFans business opportunity which included, among other persons, Brooklyn Chase and Sarah Jessie.
This relationship and earnings was believed to be and understood to be ongoing and without interruption or issue until sometime in or about August 2019, when OCM learned of and/or became aware of the fact that Brooklyn Chase and Sarah Jessie were no longer part of OCM’s OnlyFans account or studio.
At such time, OCM contacted OnlyFans to ascertain what the problem was and why they OCM was no longer earning the lifetime five (5) percent commission/fee for Brooklyn Chase and Sarah Jessie, as well as others.
OCM disturbingly learned that Brooklyn Chase and Sarah Jessie were removed out of OCM’s account or studio for the purpose of earning the lifetime five (5) percent commission/fee, and were placed into an account or studio belonging collectively, jointly and/or individually to Defendants Casali, Castle, Upsell, Appetite and/or Castle Roc.
OCM then contacted Defendants Castellone and Castle, as well as a person known as “Keni Styles,” to discuss the matter in an effort to determine and understand how and why Brooklyn Chase and Sarah Jessie, and others, were no longer within the OCM’s OnlyFans account or studio and were now in an account or studio belonging to collectively, jointly and/or individually to Defendants Casali, Castle, Upsell, Appetite and/or Castle Roc.
At such time, OCM learned that the Defendants, who were aware of and/or knowledgeable of OCM’s pre-existing relationship with Brooklyn Chase and Sarah Jessie, as well as Brooklyn Chase’s and Sarah Jessie’s inclusion in OCM’s OnlyFans account or studio, collectively and individually conspired and acted in collective agreement to facilitate contact with and to solicit and encourage Brooklyn Chase and Sarah Jessie, as well as others, to terminate and/or breach their pre-existing relationship with OCM relating to OCM’s OnlyFans account or studio, and to then be re-established and/or be relisted within and under Defendants’ OnlyFans account or studio.
It is believed and, based thereon, hereby alleged that Defendants conspired and collectively acted with the intent to facilitate and encourage Brooklyn Chase and Sarah Jessie, as well as others, to terminate and breach their relationship with OCM in relation to OCM’s OnlyFans account or studio, and by so doing Defendants would now earn and receive the five (5) percent commission/fee directly from OnlyFans; thus, causing OCM to lose its income or revenue stream earned from OnlyFans relating to Brooklyn Chase and Sarah Jessie, as well as others.
It is further believed and, based thereon, hereby alleged that Darby Castellone, who is an OnlyFans employee, agent or representative, is sharing in and being compensated by Defendants for his involvement in and assistance in the transition of Brooklyn Chase and Sarah Jessie, as well as others, out of OCM’s OnlyFans account or studio and into Defendants OnlyFans account or studio – in essence, it is hereby alleged that Darby Castellone is receiving a “kickback” payment for his services in misusing his authority and position with OnlyFans to change and manipulate established OnlyFans accounts in an effort to receive and earn kick-back fees for facilitating and participating in the derived and orchestrated scheme of all Defendants.
It was further learned and/or is believed by OCM that Defendants told Brooklyn Chase and Sarah Jessie to not worry about anything as Defendants would handle the transition out of OCM’s OnlyFans account or studio and into Defendants’ OnlyFans account or studio as they had an “inside connection” with OnlyFans, via Darby Castellone and Keni Styles, and they (Castellone and Styles) would make certain that the transition was seamless and would not affect Brooklyn Chase and Sarah Jessie earnings from or status on OnlyFans.
. . .
Additionally, when OCM confronted one or some of the Defendants about the aforementioned facts and information, OCM was assured and promised by Defendant Castle that Defendants “would make it right” on the financial/economic losses incurred and the damages caused by Defendants via Defendants’ interference with OCM’s business relationship with Brooklyn Chase and Sarah Jessie, as well as others, based on Defendants’ actions of soliciting, encouraging and removing Brooklyn Chase and Sarah Jessie, as well as others, from OCM’s OnlyFans account or studio and into Defendants’ OnlyFans account or studio (which was accomplished by the “inside connections” of Defendant Castellone and Keni Styles who work at and were employees, agents or representatives of OnlyFans).
To date OCM continues to be harmed by the intentional and wrongful activities of Defendants via Defendants’ orchestrated and devised scheme and plan (as set forth above) that caused and induced OCM’s loss of pre-existing business relationships with Brooklyn Chase and Sarah Jessie, as well as others, to OCM’s financial detriment and damages to its business.
Falling out
This is the second case involving a dispute over Castle and Casali’s operations.
In July, Casali sued Castle in Las Vegas, stating in his Complaint, that the case was a “dispute among business partners. It involves [Castle and his corporate entities] violating their contractual, fiduciary, and other duties to Plaintiffs by, among other things, violating a confidentiality agreement and non-solicitation clause; stealing away (and attempting to steal away) customers, clients, and talent; and otherwise using confidential information and assets for their own gain.”
The facts laid out the the court files indicate that Castle developed second thoughts about having brought Casali into his successful OnlyFans account management business, and began — as Casali alleges — “soliciting and taking away customers, clients, and talent to do work for [Castle] . . . and/or [Castle’s] other businesses and otherwise using Confidential Information and assets for their own gain.”
Among the adult performers named in the case as having utilized Castle and/or Casali’s OnlyFans management services were Megan Rain, Morgan Lee, Sarah Jessie, Romi Rain, Ariana Marie, Bonnie Rotten, Brooklyn Grey, Demi Sutra, Jenna J. Ross, Kimmy Granger, Kissa Sins, London Keyes, Nicolette Shea, Richelle Ryan, Ana Foxx, Kendra Lust, and Vanessa Veracruz.
That case is now settled, with the settlement amount not known, although based on the allegations made, this could easily have been a six-figure case had it gone to a jury.
In December, as the case was settling, OC Modeling filed its own action in the same court.
One of the most fascinating aspects of the case is the naming of Darby Castellone p.k.a. Castellon as a defendant.
Sandra McCarthy formed OC Modeling in 2009 with Castellone serving as talent director and senior partner.
Perhaps because she knows Castellone so well, McCarthy assumes that he did not arrange this sweetheart deal because he loves Castle and Casali so much, but instead because he’s receiving a proverbial paper bag full of cash under the table.
Prayer for Relief
OC Modeling is asking the district court for the following:
1. An award of general, special, and consequential damages in an amount in excess of $15,000 to be proven at trial;
2. An award of punitive or exemplary damages;
3. An award of special damages for all reasonable attorneys’ fees and any/all costs incurred herein;
4. Pre-judgment and post-judgment interest on the amounts lost and damages proven at trial; and
5. All such other and further relief as the Court deems just and proper, and which is reasonable and fair under the circumstances.
This could get expensive very fast.