What was filed
John Durant v. Foley Development, Inc. and Tim Foley, No. 3:26-cv-05629-RBM-DDL (S.D. Cal.), was filed October 1, 2026 (10 pages). Durant is a professional photographer of architecture domiciled in Carlsbad, California. The complaint describes Foley Development as a California corporation and, citing state records, Tim Foley as its sole officer and a director. Durant demands a jury trial. The docket shows the case assigned to Judge Ruth Bermudez Montenegro. (Compl. paras. 5 to 9; docket.)
The work
The complaint alleges Durant took the photograph of a San Diego restaurant on November 6, 2018, and registered it before publication as part of a group registration, Reg. No. VAu 1-341-129, effective November 27, 2018. (Compl. paras. 10 to 13.)
What the complaint alleges
It alleges that on or about August 10, 2026, Durant found the photograph on two Foley Development websites used to promote its properties, and stored on a server under its control. It alleges the photograph came off the public pages after an August 13, 2026 cease-and-desist letter, that the server copy stayed up until after further emails, and that the defendants did not respond to Durant's settlement offer before suit. (Compl. paras. 16 to 35.)
Counts and relief
The first cause of action alleges willful copyright infringement by Foley Development. The second alleges that Tim Foley is vicariously liable, jointly and severally with the company. Durant seeks declarations, an accounting, actual damages and profits or statutory damages of $25,000, or $100,000 on a finding of willfulness, costs and fees under 17 U.S.C. 505, and a permanent injunction. (Compl. paras. 36 to 50; Prayer.)