Courthouse Steps

CASE CAPTION: George Lutz v. Dimension Films; Metro-Goldwyn-Mayer Inc.; Metro-Goldwyn Mayer Distribution Co.; United Artists Pictures Inc.; Sony Corporation of America; Radar Pictures Inc.; Dunes Productions; Scott Kosar; and Sheldon Turner, L. A. Superior Court #BC334845.

CAUSES OF ACTION: Libel and breach of contract.

COMPLAINT ALLEGATIONS: Ko-sar and Turner are the screenwriters for the remake of film “The Amityville Horror.” Plaintiff Lutz in 1975 bought the house in Amityville, NY in which Ronald DeFero murdered six family members. The Lutz family moved out after 28 days and claimed there were supernatural forces in the house. In 1977, the family entered into a contract with writer Jay Anson to create a book about their experiences. The first movie came out in 1979. In 2002, Lutz signed an agreement with Barstu Productions giving it the right to make a film about events after the period described in the book. The rights finally went to Dimension Films, a division of Miramax Films Corp. The screenplay for the remake purports to tell the “true story” of what happened when the Lutz family moved into the house, and plaintiff Lutz is referred to by name. In the screenplay, Lutz turns into a homicidal maniac who attempts to kill his wife and children and does kill his dog. This was false. Dimension also breached the Barstu agreement by failing to pay $50,000 when box-office gross exceeded $10 million and failed to pay 7.5% of contingent compensation and merchandising profits.

PLAINTIFF'S COUNSEL: Richard J. Idell and Patricia De Fonte of San Francisco's Idell, Berman, Seitel & Rutchik (415-986-2400).

CASE CAPTION: Kill Master Productions Inc. and Nu Image Inc. v. Steven Seagal, Steamroller Productions and Luminocity Media Inc., L. A. Superior Court #BC334552.

CAUSES OF ACTION: Breach of written contract; intentional interference with contractual relations; intentional interference with prospective economic advantage; and unjust enrichment.

COMPLAINT ALLEGATIONS: Plaintiff Kill Master is a production company formed to produce an action movie starring defendant Seagal. On Nov. 1, 2004, Kill Master was assigned any claims against Seagal arising out of three film projects. Nu Image is the sales agent that had the distribution rights for “Today You Die” and “Mercenary.” Both films are in post-production. Seagal consistently failed to arrive on set on time, engaged in constant on-set changing and/or rewriting of scenes, made unapproved departures from the set, and his entourage interfered with the film crews' duties.

RELIEF SOUGHT: $14 million.

PLAINTIFFS' COUNSEL: Charles M. Coate and Darius Anthony Vosylius of Santa Monica, CA's Costa, Abrams & Coate (310-576-6161).

CASE CAPTION: Troy Dyer v. Helen Childress; Jersey Films LLC; Universal Pictures; MCA/Universal Pictures; Danny DeVito; William Finnegan; Wm. Barclay Malcolm; Sheldon Pinchuk; Michael Shamberg; Stacey Sher; Lori-Etta Taub; and Ben Stiller, L. A. Superior Court #BC334445.

CAUSES OF ACTION: Defamation, false light and invasion of privacy.

COMPLAINT ALLEGATIONS: De-fendant Childress wrote the screenplay for the film “Reality Bites,” which defendant DeVito produced. The other individuals named as defendants are assorted producers, except for Stiller who directed the film. The plaintiff, who isn't a public figure, went to film school at the University of Southern California (USC) with Childress. He is now a financial-services professional. A 10th-anniversary edition of the DVD of “Reality Bites” was released in June 2004. A character with the same name in the film as the plaintiff was based on the plaintiff, except that the film portrayed him as dishonest and incompetent. Childress in her commentary on the DVD stated that the film was based on her USC film-school friends. The DVD commentary also stated that Stiller was very involved in the character's development.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Stuart R. Fraenkel and Gretchen M. Nelson of L.A.'s Kreindler & Kreindler (213-622-6469) and T. Ernest Freeman of Houston (713-973-1000).

CASE CAPTION: Third Story Music Inc. v. Warner Music Group Corp., U.S. District Court for the Central District of California #CV05-3942.

CAUSES OF ACTION: Declaratory relief and breach of contract.

COMPLAINT ALLEGATIONS: Plaintiff is predecessor to Third Story Productions, to which artist Tom Waits signed in the 1970s. Third Story entered into agreements in 1972 and 1977 to provide Waits' recording services to Asylum Records and to its successor-in-interest Elektra/Asylum Records. Warner Music is the successor-in-interest to Elektra/Asylum Records. In recent royalty statements, Warner has computed royalties on licensing fees from digital download services, such as iTunes and Listen.com, under lower “phonorecords” royalty rates for sales, instead of the higher royalty rates for third-party licensing of Waits' recordings. The plaintiff maintains that the term “all other types of uses” in the two recording agreements providing for respectively 25% and 50% of third-party licensing fees governs digital download uses.

RELIEF SOUGHT: Judicial declaration and damages according to proof.

PLAINTIFF'S COUNSEL: Evan S. Cohen and S. Martin Keleti of L.A.'s Cohen and Cohen (323-938-5000).

CASE CAPTION: George Lutz v. Dimension Films; Metro-Goldwyn-Mayer Inc.; Metro-Goldwyn Mayer Distribution Co.; United Artists Pictures Inc.; Sony Corporation of America; Radar Pictures Inc.; Dunes Productions; Scott Kosar; and Sheldon Turner, L. A. Superior Court #BC334845.

CAUSES OF ACTION: Libel and breach of contract.

COMPLAINT ALLEGATIONS: Ko-sar and Turner are the screenwriters for the remake of film “The Amityville Horror.” Plaintiff Lutz in 1975 bought the house in Amityville, NY in which Ronald DeFero murdered six family members. The Lutz family moved out after 28 days and claimed there were supernatural forces in the house. In 1977, the family entered into a contract with writer Jay Anson to create a book about their experiences. The first movie came out in 1979. In 2002, Lutz signed an agreement with Barstu Productions giving it the right to make a film about events after the period described in the book. The rights finally went to Dimension Films, a division of Miramax Films Corp. The screenplay for the remake purports to tell the “true story” of what happened when the Lutz family moved into the house, and plaintiff Lutz is referred to by name. In the screenplay, Lutz turns into a homicidal maniac who attempts to kill his wife and children and does kill his dog. This was false. Dimension also breached the Barstu agreement by failing to pay $50,000 when box-office gross exceeded $10 million and failed to pay 7.5% of contingent compensation and merchandising profits.

PLAINTIFF'S COUNSEL: Richard J. Idell and Patricia De Fonte of San Francisco's Idell, Berman, Seitel & Rutchik (415-986-2400).

CASE CAPTION: Kill Master Productions Inc. and Nu Image Inc. v. Steven Seagal, Steamroller Productions and Luminocity Media Inc., L. A. Superior Court #BC334552.

CAUSES OF ACTION: Breach of written contract; intentional interference with contractual relations; intentional interference with prospective economic advantage; and unjust enrichment.

COMPLAINT ALLEGATIONS: Plaintiff Kill Master is a production company formed to produce an action movie starring defendant Seagal. On Nov. 1, 2004, Kill Master was assigned any claims against Seagal arising out of three film projects. Nu Image is the sales agent that had the distribution rights for “Today You Die” and “Mercenary.” Both films are in post-production. Seagal consistently failed to arrive on set on time, engaged in constant on-set changing and/or rewriting of scenes, made unapproved departures from the set, and his entourage interfered with the film crews' duties.

RELIEF SOUGHT: $14 million.

PLAINTIFFS' COUNSEL: Charles M. Coate and Darius Anthony Vosylius of Santa Monica, CA's Costa, Abrams & Coate (310-576-6161).

CASE CAPTION: Troy Dyer v. Helen Childress; Jersey Films LLC; Universal Pictures; MCA/Universal Pictures; Danny DeVito; William Finnegan; Wm. Barclay Malcolm; Sheldon Pinchuk; Michael Shamberg; Stacey Sher; Lori-Etta Taub; and Ben Stiller, L. A. Superior Court #BC334445.

CAUSES OF ACTION: Defamation, false light and invasion of privacy.

COMPLAINT ALLEGATIONS: De-fendant Childress wrote the screenplay for the film “Reality Bites,” which defendant DeVito produced. The other individuals named as defendants are assorted producers, except for Stiller who directed the film. The plaintiff, who isn't a public figure, went to film school at the University of Southern California (USC) with Childress. He is now a financial-services professional. A 10th-anniversary edition of the DVD of “Reality Bites” was released in June 2004. A character with the same name in the film as the plaintiff was based on the plaintiff, except that the film portrayed him as dishonest and incompetent. Childress in her commentary on the DVD stated that the film was based on her USC film-school friends. The DVD commentary also stated that Stiller was very involved in the character's development.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Stuart R. Fraenkel and Gretchen M. Nelson of L.A.'s Kreindler & Kreindler (213-622-6469) and T. Ernest Freeman of Houston (713-973-1000).

CASE CAPTION: Third Story Music Inc. v. Warner Music Group Corp., U.S. District Court for the Central District of California #CV05-3942.

CAUSES OF ACTION: Declaratory relief and breach of contract.

COMPLAINT ALLEGATIONS: Plaintiff is predecessor to Third Story Productions, to which artist Tom Waits signed in the 1970s. Third Story entered into agreements in 1972 and 1977 to provide Waits' recording services to Asylum Records and to its successor-in-interest Elektra/Asylum Records. Warner Music is the successor-in-interest to Elektra/Asylum Records. In recent royalty statements, Warner has computed royalties on licensing fees from digital download services, such as iTunes and Listen.com, under lower “phonorecords” royalty rates for sales, instead of the higher royalty rates for third-party licensing of Waits' recordings. The plaintiff maintains that the term “all other types of uses” in the two recording agreements providing for respectively 25% and 50% of third-party licensing fees governs digital download uses.

RELIEF SOUGHT: Judicial declaration and damages according to proof.

PLAINTIFF'S COUNSEL: Evan S. Cohen and S. Martin Keleti of L.A.'s Cohen and Cohen (323-938-5000).