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Courthouse Steps

By ALM Staff | Law Journal Newsletters |
December 28, 2006

CASE CAPTION: Deepak Kalpoe and Satish Kalpoe v. Phillip C. McGraw, CBS Television Distribution Group, Peteski Productions Inc., Jamie Skeeters and Security Consultant Services Inc., L.A. Superior Court # BC363201.

CAUSES OF ACTION: Defamation; defamation per se; invasion of privacy; intentional infliction of emotional distress; negligent infliction of emotional distress; fraudulent misrepresentation/deceit; negligent misrepresentation/deceit; and civil conspiracy.

COMPLAINT ALLEGATIONS: The plaintiffs are residents of Aruba. American teenager Natalee Holloway disappeared on May 30, 2005. On Sept. 15, 2005, the 'Dr. Phil' TV show dedicated an entire episode to her disappearance. The plaintiffs had been interrogated by Aruban authorities and released from custody and the focus of the investigation was directed away from them. Skeeters was sent to Aruba by the TV show and met with Deepak under the false pretense of having the capability to exonerate the plaintiffs. Skeeters secretly videotaped the meeting without Deepak's consent. Deepak denied having had sex with Holloway on the night she disappeared. Despite this, the defendants altered the recordings to, among other things, change Deepak's denial into an admission. The show also falsely portrayed the plaintiffs as being involved in Holloway's murder.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFFS' COUNSEL: Kristina M. Beck of Chicago, IL's Cremer, Kopon, Shaughnessy & Spina (312-726-3800).


CASE CAPTION: Kathleen Kopp v. NBC Universal Inc., NBC Universal Television Studio Digital Development LLC, Wolf Films and Gerry Conway, L.A. Superior Court # BC363434.

CAUSES OF ACTION: Breach of implied contract; breach of implied covenant of good faith and fair dealing; tortuous interference with contract; breach of confidence; false advertising; unfair business practice; conversion; misappropriation of idea; fraud; and an accounting.

COMPLAINT ALLEGATIONS: Conway is a producer of the TV series 'Law and Order: Criminal Intent.' The plaintiff began writing an episode as part of online class through TV-Writer.com and finished the episode in February 2005. 'Unhealthy Obsession,' the resulting script, was registered with the Writers Guild and the plaintiff entered it in a web contest. Conway was one of the judges. The plaintiff's script came in third. In feedback, Conway noted that he liked the personal aspect of the script. In Sept. 2006, 'Criminal Intent' aired an episode entitled 'Blind Spot,' the core of which was the same as the plaintiff's script. Both the plaintiff's and the defendants' scripts incorporated the personal lives of the main characters, a familiar scent at the crime scene, a hostage scene and a masculine name for the female villain who was the daughter of the detective's partner's mentor. The plaintiff got no compensation or credit.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Peter C. Beirne of Sierra Madre, CA (626-355-7539).


CASE CAPTION: Vertigo Entertainment Inc. v. Dreamworks Animation SKG Inc., L.A. Superior Court # BC362934.

CAUSES OF ACTION: Breach of implied contract; interference with prospective economic advantage; and fraudulent deceit.

COMPLAINT ALLEGATIONS: Vertigo is an independent motion-picture production company founded by Roy Lee and Doug Davison. Vertigo had a long-standing relationship with Dreamworks and pitched it the idea of a film based on a book by Cressida Cowell entitled, 'How to Train Your Dragon.' Dreamworks initially passed on the project. Through fall 2004, Vertigo continued to actively develop the project with Dreamworks. Later, Dreamworks took the position that it had decided to develop the project independently of Vertigo's efforts. Dreamworks wrongfully breached the parties' implied contract by refusing to attach, compensate and credit the plaintiff.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Ekwan E. Rhow and Bonita D. Moore of L.A.'s Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg (310-201-2100).


CASE CAPTION: The Saul Zaentz Co. v. Miramax Film Corp., a wholly owned subsidiary of Walt Disney Studios, a wholly owned subsidiary of The Walt Disney Co., L.A. Superior Court # BC362626.

CAUSES OF ACTION: Breach of contract; fraud; breach of covenant of good faith and fair dealing; breach of fiduciary duty; constructive fraud; accounting; open book account; conversion; and constructive trust.

COMPLAINT ALLEGATIONS: Zaentz and Miramax entered into a license agreement dated July 28, 1995, for exploitation of the motion picture 'The English Patient.' The parties were to co-finance the film and share in the profits. Miramax agreed to negotiate in good faith the definition of 'net profits.' Zaentz conveyed distribution rights to Miramax in exchange for a portion of the negative cost of the film up to $27 million and, after recoupment of certain costs, 10% to 15% of adjusted gross receipts. Zaentz partially financed the film and produced it. Miramax employed fraudulent accounting and unfair business practices so that Zaentz would never recoup its share of the financing or get any profits. Among other things, Miramax: packaged the film for television with less successful films and failed to get competitive bids for the TV rights; permitted affiliates to charge distribution fees; failed to account for all revenues; improperly charged more than $34 million for domestic advertising and more than $2 million for award expenditures; improperly charged foreign taxes against gross receipts; and refused to negotiate the definition of net profits.

RELIEF SOUGHT: More than $20 million.

PLAINTIFF'S COUNSEL: Martin D. Singer, Brian G. Wolf, Henry L. Self of L.A.'s Lavely & Singer (310-556-3501).


CASE CAPTION: Calvin Broadus Jr. v. Priority Records LLC, L.A. Superior Court # BC362383.

CAUSES OF ACTION: Breach of contract; breach of implied covenant of good faith and fair dealing; unjust enrichment; and an accounting.

COMPLAINT ALLEGATIONS: The plaintiff is Snoop Dogg, who entered into a recording agreement with defendant Priority in April 1998. Priority breached by: failing to make all books and records available for audit; failing to render proper statements as to royalties; failing to pay $950,000 of an advance payable for the plaintiff's third album under the contract (i.e., 'The Last Meal'); underpaying mechanical royalties by about $428,939; releasing a greatest-hits album without consulting the plaintiff on its content; and failing to pay an advance for that album.

RELIEF SOUGHT: Approximately $2 million.

PLAINTIFF'S COUNSEL: Kenneth D. Freundlich of Beverly Hills' Schleimer & Freundlich (310-273-9807).

CASE CAPTION: Deepak Kalpoe and Satish Kalpoe v. Phillip C. McGraw, CBS Television Distribution Group, Peteski Productions Inc., Jamie Skeeters and Security Consultant Services Inc., L.A. Superior Court # BC363201.

CAUSES OF ACTION: Defamation; defamation per se; invasion of privacy; intentional infliction of emotional distress; negligent infliction of emotional distress; fraudulent misrepresentation/deceit; negligent misrepresentation/deceit; and civil conspiracy.

COMPLAINT ALLEGATIONS: The plaintiffs are residents of Aruba. American teenager Natalee Holloway disappeared on May 30, 2005. On Sept. 15, 2005, the 'Dr. Phil' TV show dedicated an entire episode to her disappearance. The plaintiffs had been interrogated by Aruban authorities and released from custody and the focus of the investigation was directed away from them. Skeeters was sent to Aruba by the TV show and met with Deepak under the false pretense of having the capability to exonerate the plaintiffs. Skeeters secretly videotaped the meeting without Deepak's consent. Deepak denied having had sex with Holloway on the night she disappeared. Despite this, the defendants altered the recordings to, among other things, change Deepak's denial into an admission. The show also falsely portrayed the plaintiffs as being involved in Holloway's murder.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFFS' COUNSEL: Kristina M. Beck of Chicago, IL's Cremer, Kopon, Shaughnessy & Spina (312-726-3800).


CASE CAPTION: Kathleen Kopp v. NBC Universal Inc., NBC Universal Television Studio Digital Development LLC, Wolf Films and Gerry Conway, L.A. Superior Court # BC363434.

CAUSES OF ACTION: Breach of implied contract; breach of implied covenant of good faith and fair dealing; tortuous interference with contract; breach of confidence; false advertising; unfair business practice; conversion; misappropriation of idea; fraud; and an accounting.

COMPLAINT ALLEGATIONS: Conway is a producer of the TV series 'Law and Order: Criminal Intent.' The plaintiff began writing an episode as part of online class through TV-Writer.com and finished the episode in February 2005. 'Unhealthy Obsession,' the resulting script, was registered with the Writers Guild and the plaintiff entered it in a web contest. Conway was one of the judges. The plaintiff's script came in third. In feedback, Conway noted that he liked the personal aspect of the script. In Sept. 2006, 'Criminal Intent' aired an episode entitled 'Blind Spot,' the core of which was the same as the plaintiff's script. Both the plaintiff's and the defendants' scripts incorporated the personal lives of the main characters, a familiar scent at the crime scene, a hostage scene and a masculine name for the female villain who was the daughter of the detective's partner's mentor. The plaintiff got no compensation or credit.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Peter C. Beirne of Sierra Madre, CA (626-355-7539).


CASE CAPTION: Vertigo Entertainment Inc. v. Dreamworks Animation SKG Inc., L.A. Superior Court # BC362934.

CAUSES OF ACTION: Breach of implied contract; interference with prospective economic advantage; and fraudulent deceit.

COMPLAINT ALLEGATIONS: Vertigo is an independent motion-picture production company founded by Roy Lee and Doug Davison. Vertigo had a long-standing relationship with Dreamworks and pitched it the idea of a film based on a book by Cressida Cowell entitled, 'How to Train Your Dragon.' Dreamworks initially passed on the project. Through fall 2004, Vertigo continued to actively develop the project with Dreamworks. Later, Dreamworks took the position that it had decided to develop the project independently of Vertigo's efforts. Dreamworks wrongfully breached the parties' implied contract by refusing to attach, compensate and credit the plaintiff.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Ekwan E. Rhow and Bonita D. Moore of L.A.'s Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg (310-201-2100).


CASE CAPTION: The Saul Zaentz Co. v. Miramax Film Corp., a wholly owned subsidiary of Walt Disney Studios, a wholly owned subsidiary of The Walt Disney Co., L.A. Superior Court # BC362626.

CAUSES OF ACTION: Breach of contract; fraud; breach of covenant of good faith and fair dealing; breach of fiduciary duty; constructive fraud; accounting; open book account; conversion; and constructive trust.

COMPLAINT ALLEGATIONS: Zaentz and Miramax entered into a license agreement dated July 28, 1995, for exploitation of the motion picture 'The English Patient.' The parties were to co-finance the film and share in the profits. Miramax agreed to negotiate in good faith the definition of 'net profits.' Zaentz conveyed distribution rights to Miramax in exchange for a portion of the negative cost of the film up to $27 million and, after recoupment of certain costs, 10% to 15% of adjusted gross receipts. Zaentz partially financed the film and produced it. Miramax employed fraudulent accounting and unfair business practices so that Zaentz would never recoup its share of the financing or get any profits. Among other things, Miramax: packaged the film for television with less successful films and failed to get competitive bids for the TV rights; permitted affiliates to charge distribution fees; failed to account for all revenues; improperly charged more than $34 million for domestic advertising and more than $2 million for award expenditures; improperly charged foreign taxes against gross receipts; and refused to negotiate the definition of net profits.

RELIEF SOUGHT: More than $20 million.

PLAINTIFF'S COUNSEL: Martin D. Singer, Brian G. Wolf, Henry L. Self of L.A.'s Lavely & Singer (310-556-3501).


CASE CAPTION: Calvin Broadus Jr. v. Priority Records LLC, L.A. Superior Court # BC362383.

CAUSES OF ACTION: Breach of contract; breach of implied covenant of good faith and fair dealing; unjust enrichment; and an accounting.

COMPLAINT ALLEGATIONS: The plaintiff is Snoop Dogg, who entered into a recording agreement with defendant Priority in April 1998. Priority breached by: failing to make all books and records available for audit; failing to render proper statements as to royalties; failing to pay $950,000 of an advance payable for the plaintiff's third album under the contract (i.e., 'The Last Meal'); underpaying mechanical royalties by about $428,939; releasing a greatest-hits album without consulting the plaintiff on its content; and failing to pay an advance for that album.

RELIEF SOUGHT: Approximately $2 million.

PLAINTIFF'S COUNSEL: Kenneth D. Freundlich of Beverly Hills' Schleimer & Freundlich (310-273-9807).

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