Courthouse Steps

CAUSES OF ACTION: Unjust enrichment and breach of implied contract.

COMPLAINT ALLEGATIONS: The plaintiff, which finances and distributes films, has a first-look production deal with Appian Way, actor Leonardo DiCaprio's film production company. In March 2002, DiCaprio and his friend Tobey Maguire decided to co-produce a film based on the life of Jesse James Hollywood, a San Fernando Valley drug dealer and murderer who became one of the youngest men ever on the FBI's Most Wanted list. Maguire brought his friend Kevin Connolly in to direct. Connolly's friend, Nick Cassavetes, agreed to write the screenplay. It was made clear to Cassavetes that DiCaprio and Maguire intended to have the low-budget film financed and distributed by Initial. Initial proceeded to pay for assorted pre-production and legal expenses. Although Cassavetes wrote two version of the screenplay, he delayed signing his commissioned-work writer's agreement. By Jan. 2004, it became obvious that Cassavetes was determined to force a breakdown in negotiations because he had changed his mind about how the script should be developed. A-Mark, a company Cassavetes has an interest in, formed Alpha Dog with Sidney Kimmel Entertainment to produce the film (called “Alpha Dog”). Kimmel was to finance, New Line would distribute, with Cassavetes directing. Initial has not been reimbursed for its investment.