Courthouse Steps

CASE CAPTION: Leonard Norman Cohen; Leonard Cohen Investements LLC v. Kelley A. Lynch and Richard A. Westin, L.A. Superior Court # BC338322.

CAUSES OF ACTION: Breaches of fiduciary duty; common law fraud; breach of contract; accounting; conversion; imposition of constructive trust and injunctive relief; and professional negligence.

COMPLAINT ALLEGATIONS: Lynch was singer/songwriter Cohen's business manager for about 17 years, until Cohen fired her in Oct. 2004, after discovering that she had been siphoning money from his bank and investment accounts. Lynch took more than $5 million of Cohen's earnings over about 7 years and has refused to account for the money. Westin is a tax lawyer who worked with Lynch and helped devise supposed tax-savings plans that actually helped Lynch gain control of Cohen's assets.

PLAINTIFFS' COUNSEL: Scott A. Edelman of L.A.'s Gibson, Dunn & Crutcher (310-552-8500).

***

CASE CAPTION: Charles Higgins II, Michael Higgins, Charis Higgins Joshua Higgins and Jeremiah Higgins v. Disney/ABC International Television Inc.; American Broadcasting Cos. Inc.; Lock and Key Productions; Endemol USA Inc.; Pardee Homes; Firipeli Leomiti; and Lokilani Leomiti, L.A. Superior Court #BC338017.

CAUSES OF ACTION: Among other things, fraud; rescission; breach of contract; appropriation of likeness; violation of Calif. Civil Code Sec. 3344; violation of Calif. Business & Professions Code Secs. 17500 (false advertising) and 17200 (unfair competition); negligence; conversion; assault and battery; and intentional infliction of emotional distress.

COMPLAINT ALLEGATIONS: The plaintiffs' parents died in 2004. In July 2004, the Leomitises, who were church acquaintances, offered to take the plaintiffs in and encouraged friends to contact the TV series “Extreme Makeover: Home Edition” to nominate their home for a remodeling project. The show promises to provide a new home, furnishings, cars and other items to get consent to use a family's tragic story. The TV-show defendants promised to provide a new home in which the plaintiffs could live and have long-term security. The Leomitises said it would be “our house.” The TV-show defendants did nothing to safeguard the rights of the plaintiffs, who were deceived into executing a waiver of rights. The plaintiffs consented to allow the defendants to use their life stories based on false promises. A new home was built in Feb. 2005, and the Leomitises told Charles and Michael, who were adults, to move out within a year and started demanding rent from them. The Leomitises also began harassing the plaintiffs and making racists remarks. Charles, Charis and Michael were thrown out of the house in April, without their possessions; Joshua was forced out in May; the youngest, Jeremiah, was evicted in June.

PLAINTIFFS' COUNSEL: Patrick A. Mesisca Jr., Dennis Riley and Mike Vo of L.A.'s Mesisca, Riley & Kreitenberg (213-623-2300).

***

CASE CAPTION: United Licensing Group Inc. (ULG) v. Pamela Anderson, L.A. Superior Court #BC337761.

CAUSES OF ACTION: Breach of contract and intentional interference with contractual relations.

COMPLAINT ALLEGATIONS: Defendant Anderson entered into a written agreement in June 2003 that granted ULG an exclusive worldwide license to use her licensed marks in connection with the manufacture and distribution of all licensable products. Royalties were to be shared 50-50 and the term was 5 years. Anderson was required to make herself available to sublicensees to a reasonable extent. But she interfered with the sublicensees and breached the agreement by unreasonably disapproving products she had previously approved, refusing to make herself available to a reasonable extent for promotion, failed to use reasonable efforts to promote products, and unilaterally entered into a deal with Bally's Hotel in Las Vegas to use her image and trademarks on slot machines.

RELIEF SOUGHT: $10 million.

PLAINTIFF'S COUNSEL: Peter W. Ross and Miles J. Feldman of Beverly Hills's Browne Woods & George (310-274-7100).

***

CASE CAPTION: Richard Pryor, by and through Jennifer Lee-Pryor, his attorney-in-fact, v. Penelope Spheeris and Rain Pryor, L.A. Superior Court # BC337194.

CAUSES OF ACTION: Conversion and possession of personal property.

COMPLAINT ALLEGATIONS: Jennifer is Richard's wife. In 1968, Richard paid for, produced, co-wrote, directed and starred in the feature-length film “Uncle Tom's Fairy Tales,” or “Uncle Tom's Tales” or “Bon Appetit.” Spheeris was a film-school student Richard hired to photograph and help edit the film. The plaintiff thought he had possession of the only existing copies of the film, soundtrack, prints, etc., and stored them at his home. The film has since acquired substantial but unrealized commercial value because it represented the plaintiff's first starring film role. In the mid-1980s, the film elements disappeared from his home and were believed to be lost forever. In May 2005, an excerpt was displayed at a Directors Guild of America tribute to Pryor. The plaintiff discovered the excerpt had been provided by Spheeris. The plaintiff, through his wife, demanded return of the film elements from Spheeris, who in response deposited them with the Academy of Motion Picture Arts and Sciences. Spheeris later withdrew the film elements and gave them to Rain, Richard's daughter. None of the film elements have been returned to the plaintiff.

PLAINTIFF'S COUNSEL: Charles Greaves of Pasadena, CA's Hahn & Hahn (626-796-9123).

CASE CAPTION: Leonard Norman Cohen; Leonard Cohen Investements LLC v. Kelley A. Lynch and Richard A. Westin, L.A. Superior Court # BC338322.

CAUSES OF ACTION: Breaches of fiduciary duty; common law fraud; breach of contract; accounting; conversion; imposition of constructive trust and injunctive relief; and professional negligence.

COMPLAINT ALLEGATIONS: Lynch was singer/songwriter Cohen's business manager for about 17 years, until Cohen fired her in Oct. 2004, after discovering that she had been siphoning money from his bank and investment accounts. Lynch took more than $5 million of Cohen's earnings over about 7 years and has refused to account for the money. Westin is a tax lawyer who worked with Lynch and helped devise supposed tax-savings plans that actually helped Lynch gain control of Cohen's assets.

PLAINTIFFS' COUNSEL: Scott A. Edelman of L.A.'s Gibson, Dunn & Crutcher (310-552-8500).

***

CASE CAPTION: Charles Higgins II, Michael Higgins, Charis Higgins Joshua Higgins and Jeremiah Higgins v. Disney/ABC International Television Inc.; American Broadcasting Cos. Inc.; Lock and Key Productions; Endemol USA Inc.; Pardee Homes; Firipeli Leomiti; and Lokilani Leomiti, L.A. Superior Court #BC338017.

CAUSES OF ACTION: Among other things, fraud; rescission; breach of contract; appropriation of likeness; violation of Calif. Civil Code Sec. 3344; violation of Calif. Business & Professions Code Secs. 17500 (false advertising) and 17200 (unfair competition); negligence; conversion; assault and battery; and intentional infliction of emotional distress.

COMPLAINT ALLEGATIONS: The plaintiffs' parents died in 2004. In July 2004, the Leomitises, who were church acquaintances, offered to take the plaintiffs in and encouraged friends to contact the TV series “Extreme Makeover: Home Edition” to nominate their home for a remodeling project. The show promises to provide a new home, furnishings, cars and other items to get consent to use a family's tragic story. The TV-show defendants promised to provide a new home in which the plaintiffs could live and have long-term security. The Leomitises said it would be “our house.” The TV-show defendants did nothing to safeguard the rights of the plaintiffs, who were deceived into executing a waiver of rights. The plaintiffs consented to allow the defendants to use their life stories based on false promises. A new home was built in Feb. 2005, and the Leomitises told Charles and Michael, who were adults, to move out within a year and started demanding rent from them. The Leomitises also began harassing the plaintiffs and making racists remarks. Charles, Charis and Michael were thrown out of the house in April, without their possessions; Joshua was forced out in May; the youngest, Jeremiah, was evicted in June.

PLAINTIFFS' COUNSEL: Patrick A. Mesisca Jr., Dennis Riley and Mike Vo of L.A.'s Mesisca, Riley & Kreitenberg (213-623-2300).

***

CASE CAPTION: United Licensing Group Inc. (ULG) v. Pamela Anderson, L.A. Superior Court #BC337761.

CAUSES OF ACTION: Breach of contract and intentional interference with contractual relations.

COMPLAINT ALLEGATIONS: Defendant Anderson entered into a written agreement in June 2003 that granted ULG an exclusive worldwide license to use her licensed marks in connection with the manufacture and distribution of all licensable products. Royalties were to be shared 50-50 and the term was 5 years. Anderson was required to make herself available to sublicensees to a reasonable extent. But she interfered with the sublicensees and breached the agreement by unreasonably disapproving products she had previously approved, refusing to make herself available to a reasonable extent for promotion, failed to use reasonable efforts to promote products, and unilaterally entered into a deal with Bally's Hotel in Las Vegas to use her image and trademarks on slot machines.

RELIEF SOUGHT: $10 million.

PLAINTIFF'S COUNSEL: Peter W. Ross and Miles J. Feldman of Beverly Hills's Browne Woods & George (310-274-7100).

***

CASE CAPTION: Richard Pryor, by and through Jennifer Lee-Pryor, his attorney-in-fact, v. Penelope Spheeris and Rain Pryor, L.A. Superior Court # BC337194.

CAUSES OF ACTION: Conversion and possession of personal property.

COMPLAINT ALLEGATIONS: Jennifer is Richard's wife. In 1968, Richard paid for, produced, co-wrote, directed and starred in the feature-length film “Uncle Tom's Fairy Tales,” or “Uncle Tom's Tales” or “Bon Appetit.” Spheeris was a film-school student Richard hired to photograph and help edit the film. The plaintiff thought he had possession of the only existing copies of the film, soundtrack, prints, etc., and stored them at his home. The film has since acquired substantial but unrealized commercial value because it represented the plaintiff's first starring film role. In the mid-1980s, the film elements disappeared from his home and were believed to be lost forever. In May 2005, an excerpt was displayed at a Directors Guild of America tribute to Pryor. The plaintiff discovered the excerpt had been provided by Spheeris. The plaintiff, through his wife, demanded return of the film elements from Spheeris, who in response deposited them with the Academy of Motion Picture Arts and Sciences. Spheeris later withdrew the film elements and gave them to Rain, Richard's daughter. None of the film elements have been returned to the plaintiff.

PLAINTIFF'S COUNSEL: Charles Greaves of Pasadena, CA's Hahn & Hahn (626-796-9123).