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Courthouse Steps

By ALM Staff | Law Journal Newsletters |
September 01, 2006

CASE CAPTION: Deborah Dozier Potter v. Twentieth Century Fox Film Corp., L.A. Superior Court # BC357067.

CAUSES OF ACTION: Fraud, concealment and breach of agreement.

COMPLAINT ALLEGATIONS: The plaintiff is a resident of New Mexico and a successor-in-interest to Greenway Productions Inc. Greenway and Fox entered into an agreement in 1967, effective as of 1964, under which Greenway was to be paid 50% of the net profits from the exploitation of TV shows produced by Greenway for Fox. Greenway produced the 'Batman' series. But Greenway and the plaintiff were unaware of its third-party beneficiary rights under a Fox-ABC agreement for 'Batman,' and thus refrained from demanding payment. Fox intentionally concealed that Greenway was a third-party beneficiary.

RELIEF SOUGHT: More than $1 million.

PLAINTIFF'S COUNSEL: Marvin G. Burns and Roger Burman of Beverly Hills (310-278-6500).

***

CASE CAPTION: Ultimate Blackjack Tour LLC (UBT) v. Game Show Network (GSN), L.A. Superior Court # BC356637.

CAUSES OF ACTION: Breach of implied contract; breach of confidence; unfair competition; and unjust enrichment.

COMPLAINT ALLEGATIONS: The plaintiff's principals conceived of a novel format for a blackjack tournament suitable for television programming. This format included elimination rounds and secret bets. The game was registered with the U.S. Patent and Trademark Office, and was presented to GSN in two meetings in 2005. UBT presented the material consistent with the well-established practice of the entertainment industry on the condition that the ideas wouldn't be disclosed or exploited without UBT's consent and receipt of compensation. GSN declined to work with UBT. UBT produced and marketed the tour without GSN. GSN subsequently misappropriated the concepts for a 'World Series' on GSN. GSN also pressured several well-known professional blackjack players not to participate in UBT's future tournaments.

RELIEF SOUGHT: Unspecified damages and an injunction against use of the concepts.

PLAINTIFF'S COUNSEL: Andrew M. White, David E. Fink and Amanda M. Leith of L.A.'s White O'Connor Curry (310-712-6100).

***

CASE CAPTION: JAS Productions Inc. and Jerry Lewis v. Spyglass Entertainment Group LLC and Hollywood Pictures Corporation, L.A. Superior Court # BC356438.

CAUSES OF ACTION: Fraud and breach of contract.

COMPLAINT ALLEGATIONS: Plaintiff Lewis produced and starred in 'The Errand Boy' in the 1960s. As of May 1996, he entered into a series of contracts with Hollywood Pictures under which Hollywood got an option to make a remake of, or sequel to, the film. Lewis was to be executive producer, actor and/or consultant for the film if the option was exercised. Hollywood assigned its rights to Spyglass, which exercised the option on Feb. 28, 1999. As a result, Lewis became 'pay-or-play' under the executive producing, acting and consulting agreements. The defendants haven't undertaken substantial efforts to develop the picture. Under California law, payment must be made within a reasonable time, and Lewis has only been paid $25,000 under the consulting agreement and $25,000 under the producing agreement. He's supposed to get $350,000 for executive producing (minus the $25K), $500,000 for acting and $350,000 for consulting (minus the $25K).

PLAINTIFFS' COUNSEL: Alan L. Isaacman, Steven H. Blackman of Beverly Hills' Isaacman, Kaufman & Painter (323-782-7700).

***

CASE CAPTION: Dolores Robinson Entertainment (DRE) and The Endeav-or Agency v. Courtney B. Vance, L.A. Superior Court # BC356276.

CAUSES OF ACTION: Declaratory relief; breach of contract; constructive trust; and breach of covenant of good faith and fair dealing.

COMPLAINT ALLEGATIONS: DRE is a management agency; Endeavor is a licensed talent agency. Vance stars on the TV series, 'Law and Order: Criminal Intent.' Vance hired DRE in late 1999 or early 2000, and Endeavor in May 2001. He purported to terminate his agency agreements in August 2004, after terminating his 'Law & Order' service. But Vance thereafter renewed his 'Law and Order' contracts in order to deprive the plaintiffs of their commissions.

RELIEF SOUGHT: Declarations that Vance owes plaintiffs commissions for the 2005/2006 season of 'Law and Order' and for future seasons; unspecified damages.

PLAINTIFFS' COUNSEL: William J. Briggs II and Rori Starr Silver of L.A.'s Lavely & Singer (310-556-3501).

***

CASE CAPTION: United Talent Agency (UTA) v. Wesley Snipes, L.A. Superior Court # BC356268.

CAUSES OF ACTION: Breach of oral contract; quantum meruit; account stated; money had and received; and declaratory relief.

COMPLAINT ALLEGATIONS: The parties entered into a talent-agency agreement in November 2002. Plaintiff UTA was to get a 10% commission on gross, or any other consideration, on employment obtained by UTA for Snipes. This included the film 'Blade III,' for which Snipes has received at least $13 million. He paid UTA $716,691, but still owes $583,309. UTA also negotiated for Snipes' the role of 'Lorenz' in a film called 'Chaos.' For that film, Snipes has received at least $2.1 million. Snipes discharged UTA as his representative on Feb. 22, 2006, but still owes UTA $10,000 for 'Chaos.' (He did pay $200,000.) Furthermore, Snipes got $4 million for the role of 'Holt' in the film 'Middle Man' in 2005. He owes UTA $400,000 for that. In addition, Snipes got the role of 'James Dial' last February for the film 'The Shooter' and has been paid at least $5 million. Snipes owes UTA $500,000 for that. The total owed is $1,493,309.10.

PLAINTIFF'S COUNSEL: Bryan J. Freedman and Matthew E. Voss of L.A.'s Freedman & Taitelman (310-201-0005).

CASE CAPTION: Deborah Dozier Potter v. Twentieth Century Fox Film Corp., L.A. Superior Court # BC357067.

CAUSES OF ACTION: Fraud, concealment and breach of agreement.

COMPLAINT ALLEGATIONS: The plaintiff is a resident of New Mexico and a successor-in-interest to Greenway Productions Inc. Greenway and Fox entered into an agreement in 1967, effective as of 1964, under which Greenway was to be paid 50% of the net profits from the exploitation of TV shows produced by Greenway for Fox. Greenway produced the 'Batman' series. But Greenway and the plaintiff were unaware of its third-party beneficiary rights under a Fox-ABC agreement for 'Batman,' and thus refrained from demanding payment. Fox intentionally concealed that Greenway was a third-party beneficiary.

RELIEF SOUGHT: More than $1 million.

PLAINTIFF'S COUNSEL: Marvin G. Burns and Roger Burman of Beverly Hills (310-278-6500).

***

CASE CAPTION: Ultimate Blackjack Tour LLC (UBT) v. Game Show Network (GSN), L.A. Superior Court # BC356637.

CAUSES OF ACTION: Breach of implied contract; breach of confidence; unfair competition; and unjust enrichment.

COMPLAINT ALLEGATIONS: The plaintiff's principals conceived of a novel format for a blackjack tournament suitable for television programming. This format included elimination rounds and secret bets. The game was registered with the U.S. Patent and Trademark Office, and was presented to GSN in two meetings in 2005. UBT presented the material consistent with the well-established practice of the entertainment industry on the condition that the ideas wouldn't be disclosed or exploited without UBT's consent and receipt of compensation. GSN declined to work with UBT. UBT produced and marketed the tour without GSN. GSN subsequently misappropriated the concepts for a 'World Series' on GSN. GSN also pressured several well-known professional blackjack players not to participate in UBT's future tournaments.

RELIEF SOUGHT: Unspecified damages and an injunction against use of the concepts.

PLAINTIFF'S COUNSEL: Andrew M. White, David E. Fink and Amanda M. Leith of L.A.'s White O'Connor Curry (310-712-6100).

***

CASE CAPTION: JAS Productions Inc. and Jerry Lewis v. Spyglass Entertainment Group LLC and Hollywood Pictures Corporation, L.A. Superior Court # BC356438.

CAUSES OF ACTION: Fraud and breach of contract.

COMPLAINT ALLEGATIONS: Plaintiff Lewis produced and starred in 'The Errand Boy' in the 1960s. As of May 1996, he entered into a series of contracts with Hollywood Pictures under which Hollywood got an option to make a remake of, or sequel to, the film. Lewis was to be executive producer, actor and/or consultant for the film if the option was exercised. Hollywood assigned its rights to Spyglass, which exercised the option on Feb. 28, 1999. As a result, Lewis became 'pay-or-play' under the executive producing, acting and consulting agreements. The defendants haven't undertaken substantial efforts to develop the picture. Under California law, payment must be made within a reasonable time, and Lewis has only been paid $25,000 under the consulting agreement and $25,000 under the producing agreement. He's supposed to get $350,000 for executive producing (minus the $25K), $500,000 for acting and $350,000 for consulting (minus the $25K).

PLAINTIFFS' COUNSEL: Alan L. Isaacman, Steven H. Blackman of Beverly Hills' Isaacman, Kaufman & Painter (323-782-7700).

***

CASE CAPTION: Dolores Robinson Entertainment (DRE) and The Endeav-or Agency v. Courtney B. Vance, L.A. Superior Court # BC356276.

CAUSES OF ACTION: Declaratory relief; breach of contract; constructive trust; and breach of covenant of good faith and fair dealing.

COMPLAINT ALLEGATIONS: DRE is a management agency; Endeavor is a licensed talent agency. Vance stars on the TV series, 'Law and Order: Criminal Intent.' Vance hired DRE in late 1999 or early 2000, and Endeavor in May 2001. He purported to terminate his agency agreements in August 2004, after terminating his 'Law & Order' service. But Vance thereafter renewed his 'Law and Order' contracts in order to deprive the plaintiffs of their commissions.

RELIEF SOUGHT: Declarations that Vance owes plaintiffs commissions for the 2005/2006 season of 'Law and Order' and for future seasons; unspecified damages.

PLAINTIFFS' COUNSEL: William J. Briggs II and Rori Starr Silver of L.A.'s Lavely & Singer (310-556-3501).

***

CASE CAPTION: United Talent Agency (UTA) v. Wesley Snipes, L.A. Superior Court # BC356268.

CAUSES OF ACTION: Breach of oral contract; quantum meruit; account stated; money had and received; and declaratory relief.

COMPLAINT ALLEGATIONS: The parties entered into a talent-agency agreement in November 2002. Plaintiff UTA was to get a 10% commission on gross, or any other consideration, on employment obtained by UTA for Snipes. This included the film 'Blade III,' for which Snipes has received at least $13 million. He paid UTA $716,691, but still owes $583,309. UTA also negotiated for Snipes' the role of 'Lorenz' in a film called 'Chaos.' For that film, Snipes has received at least $2.1 million. Snipes discharged UTA as his representative on Feb. 22, 2006, but still owes UTA $10,000 for 'Chaos.' (He did pay $200,000.) Furthermore, Snipes got $4 million for the role of 'Holt' in the film 'Middle Man' in 2005. He owes UTA $400,000 for that. In addition, Snipes got the role of 'James Dial' last February for the film 'The Shooter' and has been paid at least $5 million. Snipes owes UTA $500,000 for that. The total owed is $1,493,309.10.

PLAINTIFF'S COUNSEL: Bryan J. Freedman and Matthew E. Voss of L.A.'s Freedman & Taitelman (310-201-0005).

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