Courthouse Steps

CASE CAPTION: John Schindler, individually and on behalf of his crew and talent involved in the making of the film “Don's Plum” v. Leonardo DiCaprio and Tobey Maguire, L.A. Superior Court # BC326085.

CAUSES OF ACTION: Fraud; interference with prospective economic advantage; breach of contract; bad faith denial of contract; and quantum meruit.

COMPLAINT ALLEGATIONS: The plaintiffs' careers were harmed because the defendants blocked distribution of the mid-'90s film “Don's Plum.” The film was supposed to showcase the talents of all the participants; none were then stars. DiCaprio and Maguire went forward with the project and held auditions for the female roles. They turned to Schindler as a skilled and experienced film producer. After Schindler was told there was little money for the film, he said the only way he'd work on it was if it were shot as a feature film so that it might be commercially viable. Schindler then altered the film's structure to purely dramatic, rather than partly a documentary. He was also hired as co-director, line producer and unit production manager. The defendants have wrongfully denied that the film was intended for commercial purposes and have since claimed it was shot for “reels” – akin to a resume. But after “Don's Plum” was made, DiCaprio was cast in “Romeo & Juliet” and became a star. In “Don's Plum,” his character was unlikable and obnoxious. In addition, Maguire was advised that “Don's Plum,” would hurt his career chances for leading-man roles. So the defendants setout to block the film and claimed they never agreed to make it. Distribution offers dried up, especially after “Titanic” came out because no one wanted to alienate DiCaprio. David Stutman, one of the film's producers, sued over this but later settled. The plaintiff wasn't allowed to participate in the settlement and has been blacklisted because of his involvement with “Don's Plum.”

RELIEF SOUGHT: $19 million for Schindler and an unspecified amount for the cast and crew.

PLAINTIFFS' COUNSEL: Tristram T. Buckley of Beverly Hills (310-277-4529).

CASE CAPTION: Patriot Pictures LLC v. George Romero and Sanibel Films Inc., L.A. Superior Court # BC325380.

CAUSE OF ACTION: Breach of contract.

COMPLAINT ALLEGATIONS: The plaintiff, which has the rights to produce a film entitled “Maledictus,” entered into an agreement in Feb. 2004 with Sanibel to provide the services of defendant Romero to direct the film. The plaintiff also got the right to retain Romero for four other films, including a sequel or remake of “Maledictus.” The defendants breached by refusing to provide Romero's services to direct the film and by renouncing their obligations to direct subsequent films.

RELIEF SOUGHT: $25 million.

PLAINTIFF'S COUNSEL: Fred A. Fenster of Los Angeles' Rutter Hobbs & Davidoff (310- 286-1700).

CASE CAPTION: John Schindler, individually and on behalf of his crew and talent involved in the making of the film “Don's Plum” v. Leonardo DiCaprio and Tobey Maguire, L.A. Superior Court # BC326085.

CAUSES OF ACTION: Fraud; interference with prospective economic advantage; breach of contract; bad faith denial of contract; and quantum meruit.

COMPLAINT ALLEGATIONS: The plaintiffs' careers were harmed because the defendants blocked distribution of the mid-'90s film “Don's Plum.” The film was supposed to showcase the talents of all the participants; none were then stars. DiCaprio and Maguire went forward with the project and held auditions for the female roles. They turned to Schindler as a skilled and experienced film producer. After Schindler was told there was little money for the film, he said the only way he'd work on it was if it were shot as a feature film so that it might be commercially viable. Schindler then altered the film's structure to purely dramatic, rather than partly a documentary. He was also hired as co-director, line producer and unit production manager. The defendants have wrongfully denied that the film was intended for commercial purposes and have since claimed it was shot for “reels” – akin to a resume. But after “Don's Plum” was made, DiCaprio was cast in “Romeo & Juliet” and became a star. In “Don's Plum,” his character was unlikable and obnoxious. In addition, Maguire was advised that “Don's Plum,” would hurt his career chances for leading-man roles. So the defendants setout to block the film and claimed they never agreed to make it. Distribution offers dried up, especially after “Titanic” came out because no one wanted to alienate DiCaprio. David Stutman, one of the film's producers, sued over this but later settled. The plaintiff wasn't allowed to participate in the settlement and has been blacklisted because of his involvement with “Don's Plum.”

RELIEF SOUGHT: $19 million for Schindler and an unspecified amount for the cast and crew.

PLAINTIFFS' COUNSEL: Tristram T. Buckley of Beverly Hills (310-277-4529).

CASE CAPTION: Patriot Pictures LLC v. George Romero and Sanibel Films Inc., L.A. Superior Court # BC325380.

CAUSE OF ACTION: Breach of contract.

COMPLAINT ALLEGATIONS: The plaintiff, which has the rights to produce a film entitled “Maledictus,” entered into an agreement in Feb. 2004 with Sanibel to provide the services of defendant Romero to direct the film. The plaintiff also got the right to retain Romero for four other films, including a sequel or remake of “Maledictus.” The defendants breached by refusing to provide Romero's services to direct the film and by renouncing their obligations to direct subsequent films.

RELIEF SOUGHT: $25 million.

PLAINTIFF'S COUNSEL: Fred A. Fenster of Los Angeles' Rutter Hobbs & Davidoff (310- 286-1700).