Los Angeles Superior Court Document No. BC372846, dated September 11, 2007, filed by attorneys for Mötley Crüe Inc., Red, White & Crue Inc., Nikki Sixx and Mick Mars reveals that Mötley Crüe had four members: Nikki Sixx, Vince Neil, Mick Mars and Tommy Lee. Lee recently informed Sixx and Mars, the shareholders of MCI, that he was resigning from the band and his resignation was accepted.

This comes as a direct result of the plaintiffs demanding a jury trial to resolve actions brought against the defendants, citing breach of fiduciary duty and constructive fraud. Specifically, Tommy Lee's manager, Carl Stubner, is accused of orchestrating, devising and implementing a self-serving scheme promoting Lee's solo activities to the harm and detriment of the band. During the times relevant to this action, band members Lee and Neil were employees and/or agents of MCI.

Additionally, following the Red, White & Crüe album and 2005 tour, Mötley Crüe entered into a deal with Wal Mart. Wal Mart paid Mötley Crüe a $900,000 advance to record a new studio album, of which $300,000 was dispersed to the band and $600,000 kept for the production of the album. The new album was scheduled to be recorded in 2006 for release in 2007. An international tour in support of the new album was also planned. This deal with Wal Mart was designed to generate a new album and result in higher album, ticket and merchandise revenue. It is the band's first full-length studio album with all-new material in ten years.

Ultimately, because Defendants influenced and persuaded Lee to engage in individual projects and not perform with the band, Mötley Crüe was forced to cancel its Southeast Asia tour in August 2006. Mötley Crüe was also forced to miss numerous dates on the band's tour with Aerosmith from September through December 2006. As a result, Mötley Crüe lost over $8,000,000 in ticket, merchandise and album sales associated with those tour dates.

Despite continuous requests from other band members to "get Tommy into the studio" to record the new album, Defendants withheld his services. Defendants convinced Lee to refrain from recording the new album as part of their extortive scheme to obtain more money from their other fiduciary, Mötley Crüe. These actions by Defendants have significantly delayed the release of the band's new album resulting in more than $1,500,000 in lost album sales. Additionally, Mötley Crüe was forced to pay taxes on Wal Mart's $600,000 album advance because the money was not used for recording the new album.