Courthouse Steps

CASE CAPTION: Initial Entertainment Group Inc. v. Nicholas Cassavetes, Virginia/Sasha Inc., A-Mark Entertainment LLC and Alpha Dog LLC, L.A. Superior Court # BC324958.

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.

RELIEF SOUGHT: $485,039

PLAINTIFF'S COUNSEL: Robert Barnes of Kaye Scholer in Los Angeles (310-788-1000).

CASE CAPTION: Marty Adelstein v. Dwayne Johnson, L.A. Superior Court #BC324708.

CAUSES OF ACTION: Breach of contract and quantum meruit.

COMPLAINT ALLEGATIONS: In about late 1999, the plaintiff, a top Hollywood talent agent, came up with the idea of putting the defendant, aka The Rock, on “Saturday Night Live.” The appearance in March 2000, generated huge ratings and led to The Rock's first feature film appearance in “The Mummy Returns.” He has since become an international star. In 2002, the plaintiff left a talent agency to become a personal manager and producer. The Rock, who was one of the agency's clients, became one of plaintiff's personal management clients. The plaintiff and the defendant entered into an oral agreement under which the plaintiff was to get a 5% commission on The Rock's film and television income. This agreement was later confirmed in writing and was increased to 7.5% in May 2002. During the term of the amendment, The Rock got a pay-or-play contract to star in a film called “Spy Hunter” for $17.5 million. He has already been paid at least $5 million but has not paid any portion to the plaintiff and, through counsel, has denied that the plaintiff is entitled to a percentage. The plaintiff was terminated as The Rock's personal manager in 2004.

RELIEF SOUGHT: At least $350,000.

PLAINTIFF'S COUNSEL: Dale F. Kinsella and Patricia A. Millett of Los Angeles' Greenberg Glusker Fields Claman Machtinger & Kinsella (310-553-0687).

CASE CAPTION: Martin Ransohoff Productions Inc. (MRPI) v. Paramount Pictures Corp., L.A. Superior Court #BC323897.

CAUSES OF ACTION: Breach of oral contract, promissory estoppel, negligent misrepresentation and fraud.

COMPLAINT ALLEGATIONS: Ransohoff has produced dozens of major films. In the early 1990s, his company, MRPI, was set to produce, in association with the Walt Disney Co., a film called “The Long Ride,” written by Jim Byrnes. The film was ready to go when Disney decided not to go forward. In 2002, MRPI decided to resurrect the screenplay and try to get it produced. Morgan Freeman agreed to star and because Freeman had a contract with Paramount Pictures, MRPI decided to offer it first to Paramount. Paramount's president, Sherry Lansing, entered into an oral contract with MRPI under which Paramount was to pay to produce and distribute the film. Freeman and MRPI proposed that Richard Donner or Kathryn Bigelow direct the film. Lansing said no to Donner but yes to Bigelow, but later changed her mind and said Bigelow was no longer acceptable. MRPI suggested Milos Forman, and again Lansing said no. She also rejected Tobey Maguire as a costar. Finally, in Oct. 2003, MRPI was advised that Lansing had approved a person to direct the film – her husband, William Friedkin, but Friedkin has been unavailable to direct since then and production could not start until he became available. Lansing, without explanation, stopped talking with MPRI. The option to make the film that was granted by Disney expires in Dec. 2004, and although Paramount has now said it is not going to produce the film, it has refused the plaintiff permission to take the film to another studio before the rights expire.

RELIEF SOUGHT: At least $2 million.

PLAINTIFF'S COUNSEL: Douglas L. Thorpe of Los Angeles (310-230-95560), and Glen L. Kulik and Lizzle Q. Singian of Kulik, Gottesman, Mouton & Siegel in Sherman Oaks (310-557-9200).

CASE CAPTION: Initial Entertainment Group Inc. v. Nicholas Cassavetes, Virginia/Sasha Inc., A-Mark Entertainment LLC and Alpha Dog LLC, L.A. Superior Court # BC324958.

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.

RELIEF SOUGHT: $485,039

PLAINTIFF'S COUNSEL: Robert Barnes of Kaye Scholer in Los Angeles (310-788-1000).

CASE CAPTION: Marty Adelstein v. Dwayne Johnson, L.A. Superior Court #BC324708.

CAUSES OF ACTION: Breach of contract and quantum meruit.

COMPLAINT ALLEGATIONS: In about late 1999, the plaintiff, a top Hollywood talent agent, came up with the idea of putting the defendant, aka The Rock, on “Saturday Night Live.” The appearance in March 2000, generated huge ratings and led to The Rock's first feature film appearance in “The Mummy Returns.” He has since become an international star. In 2002, the plaintiff left a talent agency to become a personal manager and producer. The Rock, who was one of the agency's clients, became one of plaintiff's personal management clients. The plaintiff and the defendant entered into an oral agreement under which the plaintiff was to get a 5% commission on The Rock's film and television income. This agreement was later confirmed in writing and was increased to 7.5% in May 2002. During the term of the amendment, The Rock got a pay-or-play contract to star in a film called “Spy Hunter” for $17.5 million. He has already been paid at least $5 million but has not paid any portion to the plaintiff and, through counsel, has denied that the plaintiff is entitled to a percentage. The plaintiff was terminated as The Rock's personal manager in 2004.

RELIEF SOUGHT: At least $350,000.

PLAINTIFF'S COUNSEL: Dale F. Kinsella and Patricia A. Millett of Los Angeles' Greenberg Glusker Fields Claman Machtinger & Kinsella (310-553-0687).

CASE CAPTION: Martin Ransohoff Productions Inc. (MRPI) v. Paramount Pictures Corp., L.A. Superior Court #BC323897.

CAUSES OF ACTION: Breach of oral contract, promissory estoppel, negligent misrepresentation and fraud.

COMPLAINT ALLEGATIONS: Ransohoff has produced dozens of major films. In the early 1990s, his company, MRPI, was set to produce, in association with the Walt Disney Co., a film called “The Long Ride,” written by Jim Byrnes. The film was ready to go when Disney decided not to go forward. In 2002, MRPI decided to resurrect the screenplay and try to get it produced. Morgan Freeman agreed to star and because Freeman had a contract with Paramount Pictures, MRPI decided to offer it first to Paramount. Paramount's president, Sherry Lansing, entered into an oral contract with MRPI under which Paramount was to pay to produce and distribute the film. Freeman and MRPI proposed that Richard Donner or Kathryn Bigelow direct the film. Lansing said no to Donner but yes to Bigelow, but later changed her mind and said Bigelow was no longer acceptable. MRPI suggested Milos Forman, and again Lansing said no. She also rejected Tobey Maguire as a costar. Finally, in Oct. 2003, MRPI was advised that Lansing had approved a person to direct the film – her husband, William Friedkin, but Friedkin has been unavailable to direct since then and production could not start until he became available. Lansing, without explanation, stopped talking with MPRI. The option to make the film that was granted by Disney expires in Dec. 2004, and although Paramount has now said it is not going to produce the film, it has refused the plaintiff permission to take the film to another studio before the rights expire.

RELIEF SOUGHT: At least $2 million.

PLAINTIFF'S COUNSEL: Douglas L. Thorpe of Los Angeles (310-230-95560), and Glen L. Kulik and Lizzle Q. Singian of Kulik, Gottesman, Mouton & Siegel in Sherman Oaks (310-557-9200).