Courthouse Steps

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Sean G. Erenstoft of Los Angeles.

* * *

CASE CAPTION: Paul Smith v. Dick Clark Productions Inc. (DCP), L. A. Superior Court # BC295799.

CAUSES OF ACTION: Breach of contract; breach of covenant of good faith and fair dealing; breach of fiduciary duty; declaratory relief; and an accounting.

COMPLAINT ALLEGATIONS: In 1980, producer Smith, a U.K. resident, entered into an agreement with DCP that provided for him to produce a show of outtakes from TV shows and movies. Smith was to receive 8.33% of the show's net profits. However, Smith received no payment from the broadcast of the first seven episodes of DCP's 'TV's Bloopers and Practical Jokes' in the U.S. Smith returned to England and, in 1983, created 'Who Wants to Be a Millionaire.' When he returned to the U.S. in 1999, he discovered that the 'Bloopers' show was still airing. After inquiring, Smith received a check in 2000 for $9,142 which he claims was his share of the profits from the first seven episodes only.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Stanton L. Stein, Marcia J. Harris, Bridgette M. Taylor and Melissa A. Fien of Santa Monica, CA's Alschuler Grossman Stein & Kahan.

* * *

CASE CAPTION: Michael Jackson v. Universal Music Group, as successor in interest to Motown Record Corp. and Motown Record Corp. of California, L.A. Superior Court #BC295411.

CAUSES OF ACTION: Breach of contract; breach of fiduciary duty; an accounting; open book account; conversion; violation of Calif. Business & Professions Code Sec. 17200; constructive trust; rescission and restitution; declaratory relief; and unjust enrichment.

COMPLAINT ALLEGATIONS: Michael Jackson and several other members of the Jackson Five sued Motown in 1975 and 1976 over their recording agreement. In a 1980 settlement agreement, Michael Jackson agreed to waive any rights to royalties then due on recordings before Dec. 1, 1979 and on future releases or recordings made before March 11, 1976. Motown in return agreed to accurately account for and pay royalties on any 'new product' that included solo or Jackson Five pre-1976 recordings not previously released and included on any 'best of' albums. Neither Motown nor its successors has provided a single accounting or a single dollar in royalties under the agreement. The defendants have also wrongfully used the name Jackson Five for a variety of commercial uses other than selling recordings (eg, in commercials).

RELIEF SOUGHT: Rescission of the settlement agreement (including $100,000 paid to the defendants as part of the agreement), a complete accounting and payment of royalties, and transfer of rights to all recordings.

PLAINTIFF'S COUNSEL: Martin D. Singer, Brian G. Wolf and Michael D. Holtz of Los Angeles' Lavely & Singer.

* * *

CASE CAPTION: Thea Robinson v. The Jamie Kennedy Experiment; Jamie Kennedy; Fax Bahr; Adam Small; Mike Karz; Bahr Small Productions; Karz Entertainment; Big Ticket Television, a Paramount/ Viacom Co.; and Warner Bros. Television Production, L.A. Superior Court # BC295725.

CAUSES OF ACTION: Fraud; unfair business practices in violation of Calif. Business and Professions Code Sec. 17200; constructive invasion of privacy (under California Civil Code Sec. 1708.8); violation of the state constitutional right of privacy; intentional infliction of emotional distress; false imprisonment; and negligent infliction of emotional distress.

COMPLAINT ALLEGATIONS: The plaintiff is an unemployed woman who went to a reputable, well-known employment agency that had been supplying victims for bogus interviews for the 'Jamie Kennedy Experiment' TV show, in which applicants were taped and humiliated. The plaintiff was told to go to a restaurant to be interviewed by someone looking for an assistant to set up an office in Los Angeles. The interviewer was Kennedy and, during the interview, a fight was staged between Kennedy and actors playing restaurant patrons. This was done to create a highly stressful situation and gauge the reaction for the camera. The plaintiff believed the fight was real, however, and was very frightened. When she learned that she was the victim of a hoax, she became traumatized and remains severely impaired in her health and well-being; the plaintiff's health history and life circumstances made her particularly vulnerable to this type of abusive behavior. The defendants are well aware that many job seekers are desperate for work and are particularly vulnerable to being humiliated.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Gloria Allred and Nathan Goldberg of Los Angeles' Allred, Maroko & Goldberg (323-653-8530).

CASE CAPTION: Marcus Chong v. Warner Bros., AOL Time Warner Inc., Anarchos Productions Inc., Eon Entertainment and Village Roadshow, L. A. Superior Court # BC295799.

CAUSES OF ACTION: Breach of contract; breach of implied covenant of good faith and fair dealing; promissory estoppel; and slander/libel per se.

COMPLAINT ALLEGATIONS: In 1998, Chong and the defendants entered into an oral agreement for Chong to star in the film 'The Matrix.' The defendants agreed that Chong would also be featured in the two 'Matrix' sequels. The agreement was later reduced to writing, but Chong was not given a copy. The defendants ratified the agreement in 2000, and told Chong that he would undoubtedly be paid more than the $150,000 he got for the first 'Matrix' film. But Chong was not used in or paid for the sequels. The defendants also published numerous false statements about Chong including that he was a terrorist. The defendants conspired to blackball Chong from further professional acting work in Hollywood.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Sean G. Erenstoft of Los Angeles.

* * *

CASE CAPTION: Paul Smith v. Dick Clark Productions Inc. (DCP), L. A. Superior Court # BC295799.

CAUSES OF ACTION: Breach of contract; breach of covenant of good faith and fair dealing; breach of fiduciary duty; declaratory relief; and an accounting.

COMPLAINT ALLEGATIONS: In 1980, producer Smith, a U.K. resident, entered into an agreement with DCP that provided for him to produce a show of outtakes from TV shows and movies. Smith was to receive 8.33% of the show's net profits. However, Smith received no payment from the broadcast of the first seven episodes of DCP's 'TV's Bloopers and Practical Jokes' in the U.S. Smith returned to England and, in 1983, created 'Who Wants to Be a Millionaire.' When he returned to the U.S. in 1999, he discovered that the 'Bloopers' show was still airing. After inquiring, Smith received a check in 2000 for $9,142 which he claims was his share of the profits from the first seven episodes only.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Stanton L. Stein, Marcia J. Harris, Bridgette M. Taylor and Melissa A. Fien of Santa Monica, CA's Alschuler Grossman Stein & Kahan.

* * *

CASE CAPTION: Michael Jackson v. Universal Music Group, as successor in interest to Motown Record Corp. and Motown Record Corp. of California, L.A. Superior Court #BC295411.

CAUSES OF ACTION: Breach of contract; breach of fiduciary duty; an accounting; open book account; conversion; violation of Calif. Business & Professions Code Sec. 17200; constructive trust; rescission and restitution; declaratory relief; and unjust enrichment.

COMPLAINT ALLEGATIONS: Michael Jackson and several other members of the Jackson Five sued Motown in 1975 and 1976 over their recording agreement. In a 1980 settlement agreement, Michael Jackson agreed to waive any rights to royalties then due on recordings before Dec. 1, 1979 and on future releases or recordings made before March 11, 1976. Motown in return agreed to accurately account for and pay royalties on any 'new product' that included solo or Jackson Five pre-1976 recordings not previously released and included on any 'best of' albums. Neither Motown nor its successors has provided a single accounting or a single dollar in royalties under the agreement. The defendants have also wrongfully used the name Jackson Five for a variety of commercial uses other than selling recordings (eg, in commercials).

RELIEF SOUGHT: Rescission of the settlement agreement (including $100,000 paid to the defendants as part of the agreement), a complete accounting and payment of royalties, and transfer of rights to all recordings.

PLAINTIFF'S COUNSEL: Martin D. Singer, Brian G. Wolf and Michael D. Holtz of Los Angeles' Lavely & Singer.

* * *

CASE CAPTION: Thea Robinson v. The Jamie Kennedy Experiment; Jamie Kennedy; Fax Bahr; Adam Small; Mike Karz; Bahr Small Productions; Karz Entertainment; Big Ticket Television, a Paramount/ Viacom Co.; and Warner Bros. Television Production, L.A. Superior Court # BC295725.

CAUSES OF ACTION: Fraud; unfair business practices in violation of Calif. Business and Professions Code Sec. 17200; constructive invasion of privacy (under California Civil Code Sec. 1708.8); violation of the state constitutional right of privacy; intentional infliction of emotional distress; false imprisonment; and negligent infliction of emotional distress.

COMPLAINT ALLEGATIONS: The plaintiff is an unemployed woman who went to a reputable, well-known employment agency that had been supplying victims for bogus interviews for the 'Jamie Kennedy Experiment' TV show, in which applicants were taped and humiliated. The plaintiff was told to go to a restaurant to be interviewed by someone looking for an assistant to set up an office in Los Angeles. The interviewer was Kennedy and, during the interview, a fight was staged between Kennedy and actors playing restaurant patrons. This was done to create a highly stressful situation and gauge the reaction for the camera. The plaintiff believed the fight was real, however, and was very frightened. When she learned that she was the victim of a hoax, she became traumatized and remains severely impaired in her health and well-being; the plaintiff's health history and life circumstances made her particularly vulnerable to this type of abusive behavior. The defendants are well aware that many job seekers are desperate for work and are particularly vulnerable to being humiliated.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Gloria Allred and Nathan Goldberg of Los Angeles' Allred, Maroko & Goldberg (323-653-8530).