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Bass Player Thumps Cake for Royalties

SACRAMENTO (CN) - The '90s rock band Cake and its record label owe royalties to a former member, bass player Victor Damiani claims in court.

Cake's biggest hits were "The Distance" and "I Will Survive," from its second album, "Fashion Nugget," in 1996.

Damiani left the band in 1997. He appeared on two of the band's six studio albums, and claims the defendants owe him money from royalties.

He sued Cake, and Silent Tribunal LLC dba Upbeat Records, on Dec. 30 in Superior Court.

"Defendants disclosed some facts to Damiani but intentionally failed to disclose other important facts related to continuing payment statements, making the disclosures deceptive," the complaint states.

Damiani claims that their settlement agreement gives him the right to examine the band's books, at his own expense, but he was not given access to all of them.

He seeks an accounting, books and records, and punitive damages for breach of contract, intentional misrepresentation, concealment, negligent misrepresentation and intentional interference with contractual relations.

He is represented by Myles Taylor, with Radoslovich Parker, of Sacramento.

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