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Courthouse Steps

By ALM Staff | Law Journal Newsletters |
August 26, 2003

CASE CAPTION: Angelo Grillo v. Telepictures Productions Inc.; L.A. Superior Court # BC291292.

CAUSES OF ACTION: Breach of implied-in-fact contract and breach of confidence.

COMPLAINT ALLEGATIONS: The plaintiff is a writer, producer and director. Telepictures produces a syndicated TV series called 'Street Smarts.' In December 1997, the plaintiff began developing his idea for a daily half-hour TV game show based on the premise of having contestants predict whether everyday people previously interviewed on tape could correctly answer questions. The plaintiff registered a treatment for the show with the Writers Guild and worked with writer/producer Jules Minton to refine the concept. Minton pitched it to Bob Boden of Telepictures and gave Boden a copy of the treatment in confidence. The defendants used the plaintiff's ideas with paying or crediting him.

RELIEF SOUGHT: At least $500,000.

PLAINTIFF'S COUNSEL: Brandon M. Tesser, Mark A. O'Brien and Kenneth G. Ruttenberg of Los Angeles' Tesser & Ruttenberg (310-207-4022).


CASE CAPTION: Marathon Entertainment Inc. v. Rosa Blasi and 609 Maple Street Productions; L.A. Superior Court # BC290839.

CAUSES OF ACTION: Quantum meruit, false promise, unfair business practices and breach of oral contract.

COMPLAINT ALLEGATIONS: Blasi stars in the Lifetime Television series 'Strong Medicine,' in which she plays Dr. Luisa Delgado. After being introduced to Marathon (ie, Rick Siegel) by her talent agent, John Kelly of the Bresler-Kelly Talent Agency, Blasi hired Siegel as her personal manager in November 1998 and promised to pay Siegel 15% of her earnings. Marathon nurtured Blasi into believing in herself on numerous occasions when she doubted her ability to succeed in the acting business. Marathon spent countless hours encouraging Blasi to audition for 'Strong Medicine' despite her doubts. The series was a success. Siegel also loaned Blasi $20,000 for a down payment on a house and paid a number of her expenses. In the fall of 2001, Kelly informed Marathon that Blasi had decided to fire Marathon. Blasi has refused to pay Siegel what he is owed.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Gerard P. Fox of Los Angeles' Fox & Spillane.


CASE CAPTION: Sean Penn and Clyde Is Hungry Films Inc. v. Shangri-La Entertainment LLC and Steve Bing; L.A. Superior Court # BC290253.

CAUSES OF ACTION: Breach of oral contract, failure to pay guaranteed compensation, promissory estoppel, wrongful termination in violation of public policy, and violation of Calif. Labor Code Sec. 1101 and 1102.

COMPLAINT ALLEGATIONS: Major political donor and aspiring motion picture producer Steve Bing and his company have reneged on a contract with Sean Penn to render acting services in the film 'Why Men Shouldn't Marry' because of Penn's televised exercise of free speech rights on 'Larry King Weekend.' Penn has said that there should be freedom from doubt before the U.S. and other nations entered into war with Iraq. Bing tried to make sure Penn wouldn't express any more opinions about the war. When that failed, Bing tried to back out of the film agreement because, according to Bing and his lawyers, the price to be paid for Penn's free speech 'should appropriately be borne by Mr. Penn, not by his potential employer.' The film deal was an oral pay-or-play agreement under which Penn was to get $10 million against 5% of the gross.

RELIEF SOUGHT: At least $10 million.

PLAINTIFFS' COUNSEL: Joseph R. Taylor, Joseph M. Gabriel and Edward M. Kubec of Los Angeles' Liner Yankelevitz Sunshine & Regenstreif.


CASE CAPTION: Shangri-La Entertainment LLC and Steve Bing v. Sean Penn and Clyde Is Hungry Films Inc.; Los Angeles Superior Court # SC075870.

CAUSES OF ACTION: Civil extortion, promissory estoppel, declaratory relief, and violation of Calif. Business & Professions Code Sec. 17200 et seq.

COMPLAINT ALLEGATIONS: Actor Sean Penn has attempted to force Steve Bing and Shangri-La Entertainment LLC to pay Penn $10 million in extortion money, even though Penn and his representatives know that he had no legal right to payment because no agreement was ever reached for Penn to appear in the motion picture 'Why Men Shouldn't Marry.' After Penn traveled to Iraq despite U.S. governmental directives making that illegal, he and his representatives threatened Bing with public embarrassment unless millions of dollars in ransom money was paid to Penn. Bing in fact encouraged Penn to speak his mind, but Shangri-La decided to move on after being unable to close the film deal with Penn.

RELIEF SOUGHT: At least $15 million, unspecified punitive damages and a declaration that there is no enforceable pay-or-play contract.

PLAINTIFFS' COUNSEL: Martin D. Singer, Lynda B. Goldman and Paul Karl Lukacs of Los Angeles' Lavely & Singer.

CASE CAPTION: Angelo Grillo v. Telepictures Productions Inc.; L.A. Superior Court # BC291292.

CAUSES OF ACTION: Breach of implied-in-fact contract and breach of confidence.

COMPLAINT ALLEGATIONS: The plaintiff is a writer, producer and director. Telepictures produces a syndicated TV series called 'Street Smarts.' In December 1997, the plaintiff began developing his idea for a daily half-hour TV game show based on the premise of having contestants predict whether everyday people previously interviewed on tape could correctly answer questions. The plaintiff registered a treatment for the show with the Writers Guild and worked with writer/producer Jules Minton to refine the concept. Minton pitched it to Bob Boden of Telepictures and gave Boden a copy of the treatment in confidence. The defendants used the plaintiff's ideas with paying or crediting him.

RELIEF SOUGHT: At least $500,000.

PLAINTIFF'S COUNSEL: Brandon M. Tesser, Mark A. O'Brien and Kenneth G. Ruttenberg of Los Angeles' Tesser & Ruttenberg (310-207-4022).


CASE CAPTION: Marathon Entertainment Inc. v. Rosa Blasi and 609 Maple Street Productions; L.A. Superior Court # BC290839.

CAUSES OF ACTION: Quantum meruit, false promise, unfair business practices and breach of oral contract.

COMPLAINT ALLEGATIONS: Blasi stars in the Lifetime Television series 'Strong Medicine,' in which she plays Dr. Luisa Delgado. After being introduced to Marathon (ie, Rick Siegel) by her talent agent, John Kelly of the Bresler-Kelly Talent Agency, Blasi hired Siegel as her personal manager in November 1998 and promised to pay Siegel 15% of her earnings. Marathon nurtured Blasi into believing in herself on numerous occasions when she doubted her ability to succeed in the acting business. Marathon spent countless hours encouraging Blasi to audition for 'Strong Medicine' despite her doubts. The series was a success. Siegel also loaned Blasi $20,000 for a down payment on a house and paid a number of her expenses. In the fall of 2001, Kelly informed Marathon that Blasi had decided to fire Marathon. Blasi has refused to pay Siegel what he is owed.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Gerard P. Fox of Los Angeles' Fox & Spillane.


CASE CAPTION: Sean Penn and Clyde Is Hungry Films Inc. v. Shangri-La Entertainment LLC and Steve Bing; L.A. Superior Court # BC290253.

CAUSES OF ACTION: Breach of oral contract, failure to pay guaranteed compensation, promissory estoppel, wrongful termination in violation of public policy, and violation of Calif. Labor Code Sec. 1101 and 1102.

COMPLAINT ALLEGATIONS: Major political donor and aspiring motion picture producer Steve Bing and his company have reneged on a contract with Sean Penn to render acting services in the film 'Why Men Shouldn't Marry' because of Penn's televised exercise of free speech rights on 'Larry King Weekend.' Penn has said that there should be freedom from doubt before the U.S. and other nations entered into war with Iraq. Bing tried to make sure Penn wouldn't express any more opinions about the war. When that failed, Bing tried to back out of the film agreement because, according to Bing and his lawyers, the price to be paid for Penn's free speech 'should appropriately be borne by Mr. Penn, not by his potential employer.' The film deal was an oral pay-or-play agreement under which Penn was to get $10 million against 5% of the gross.

RELIEF SOUGHT: At least $10 million.

PLAINTIFFS' COUNSEL: Joseph R. Taylor, Joseph M. Gabriel and Edward M. Kubec of Los Angeles' Liner Yankelevitz Sunshine & Regenstreif.


CASE CAPTION: Shangri-La Entertainment LLC and Steve Bing v. Sean Penn and Clyde Is Hungry Films Inc.; Los Angeles Superior Court # SC075870.

CAUSES OF ACTION: Civil extortion, promissory estoppel, declaratory relief, and violation of Calif. Business & Professions Code Sec. 17200 et seq.

COMPLAINT ALLEGATIONS: Actor Sean Penn has attempted to force Steve Bing and Shangri-La Entertainment LLC to pay Penn $10 million in extortion money, even though Penn and his representatives know that he had no legal right to payment because no agreement was ever reached for Penn to appear in the motion picture 'Why Men Shouldn't Marry.' After Penn traveled to Iraq despite U.S. governmental directives making that illegal, he and his representatives threatened Bing with public embarrassment unless millions of dollars in ransom money was paid to Penn. Bing in fact encouraged Penn to speak his mind, but Shangri-La decided to move on after being unable to close the film deal with Penn.

RELIEF SOUGHT: At least $15 million, unspecified punitive damages and a declaration that there is no enforceable pay-or-play contract.

PLAINTIFFS' COUNSEL: Martin D. Singer, Lynda B. Goldman and Paul Karl Lukacs of Los Angeles' Lavely & Singer.

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