From the Howardshrine Mailbag: Lawsuit against John Melendez
Got this smoking gun type document about Stuttering John in the email tonight. Someone read it and let me know what it all means. Thanks
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Cynthia L. Rubin/SBN 120271]
GOLDFARB, STURMAN & AVERBACH
15760 Ventura Boulevard, Suite 1900
Encino, California 91436-3012
(818) 990-4414 / Fax No. (818) 905-7173
Attorneys for Plaintiffs Ed Meyer and Adirondack International Pictures, Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
ED MEYER and ADIRONDACK INTERNATIONAL PICTURES, INC., a New York Corporation,
Plaintiffs,
vs.
JOHN MELENDEZ and DOES 1 through 50, inclusive,
Defendants
CASE NO.
COMPLAINT FOR:
1. BREACH OF CONTRACT
2. COMMON COUNTS
3. DECLARATORY RELIEF
Plaintiffs, Ed Meyer and Adirondack International Pictures, Inc., allege as follows:
GENERAL ALLEGATIONS
1. Plaintiff Ed Meyer is, and at all times herein mentioned was, a resident of the state of California and living in Los Angeles County, California. Plaintiff Adirondack International Pictures, Inc. is, and at all times herein mentioned was, a corporation organized and existing under the laws of the State of New York, and not transacting any intrastate business in California.
2. Plaintiffs are informed and believe and thereon allege that Defendant John Melendez ("Melendez") is, and at all times herein mentioned was, an individual residing in the County of Los Angeles, State of California. Plaintiffs are informed, believe and thereon allege that certain corporations or limited liability companies formed by Defendants may have liability for the causes of action alleged herein, and Plaintiff sues those entities as Does, and will amend this Complaint to add those entities when their identities become known.
3. The true names and capacities, whether individual, corporate, associate or otherwise, of the Defendants named herein as Does 1 through 50, inclusive, are unknown to Plaintiffs, who therefore sue said Defendants by such fictitious names, and pray that their true names and capacities may be incorporated herein by appropriate amendment when the same have been ascertained. Plaintiffs are informed and believe and thereon allege that each of the fictitiously named Defendants is responsible in some manner for the events and happenings referred to in this Complaint, and caused injury and damage to Plaintiffs as hereinafter alleged, and are thereby liable to Plaintiffs.
4. Plaintiffs are informed and believe and thereon allege that Defendants, and each of them, were the agents, employees, co-venturers, servants, partners, principals, masters, employers, and/or associates of the remaining Defendants, and each or all of them, and at all times relevant, were acting within the purpose and scope of such agency, service, employment, partnership and/or association.
5. Each and every reference to "Defendants" in this Complaint is intended and shall be deemed and construed to be a reference to all of the Defendants, named and unnamed, including fictitiously named Defendants, against whom a cause of action has been brought.
6. The allegations and factual contentions made herein on information and belief have evidentiary support or are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.
FIRST CAUSE OF ACTION
(Against Defendants for Breach of Oral Contract)
7. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 6, inclusive, as though fully set forth herein.
8. In or about June 2006, Plaintiffs and Defendants entered into an oral agreement wherein Plaintiffs agreed to find a production company to produce Defendants' movie which was originally to be called "Breaking the Rules" (or perhaps "Breaking the F***ing Rules"), but was later changed to "One, Two, Many" (the movie originally entitled "Breaking the Rules" and later changed to "One, Two, Many" is hereinafter referred to the "Movie"), and Defendants agreed to pay Plaintiffs 10% of all production costs payable no later than September 2006 (hereinafter referred to as the "Production Agreement").
9. Pursuant to the Production Agreement, Plaintiffs did in fact introduce a production company to Defendants, and Defendants used the production company introduced to them by Plaintiffs to make the Movie. However, after Plaintiffs introduced the production company to Defendants, and Defendants made their own agreement with the Production Company, Defendants failed and refused to pay Plaintiffs the 10% of the production costs as agreed.
10. Plaintiffs have performed all conditions, covenants and promises on their part to be performed in accordance with the Production Agreement.
11. Beginning in or about September 2006, and continuing to the present, Defendants breached the Production Agreement by failing to pay to Plaintiffs any of the production costs, and by informing Plaintiffs that Plaintiffs were not entitled to any of the production costs and would get nothing from Defendants relating to the Production Agreement. As a direct and proximate result of the breach of Defendants, Plaintiffs have been damaged because they did not receive the ten percent (10%) of the production costs promised to them, in a sum to be shown according to proof, but which Plaintiffs are informed and believe and thereon allege are between $50,000 and $80,000.
SECOND CAUSE OF ACTION
(Against Defendants for Breach of Oral Contract)
12. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 11, inclusive, as though fully set forth herein.
13. In or about June 2006, Plaintiffs and Defendants entered into an oral agreement whereby Defendants would pay Plaintiffs and Caron Feldman to produce the Movie, and Defendants agreed to pay Caron Feldman and Plaintiffs each 7.5% of Defendants' receipts from the distribution company who distributes the Movie (the "Agreement").
14. In or about October 2006, Defendants, through their attorney Leonard Asclafani, gave notice via letter to Plaintiffs that Defendants would not perform the Agreement, and Defendants totally repudiated the Agreement. Defendants' repudiation has not been retracted.
15. At the time Plaintiffs received Defendants' repudiation, Plaintiffs had performed all of the conditions, covenants and promises on their part to be performed pursuant to the Agreement, and were ready, able and willing to complete any performance that Defendants required.
16. As a proximate result of the breach by Defendants, Plaintiffs have been damaged in the sum of 7.5% of the income received by Defendants from the distribution company for the Movie, in an amount to be shown according to proof at trial, together with interest thereon at the highest rate allowed by law from and after October 2006.
THIRD CAUSE OF ACTION
(Against Defendants for Money Had and Received)
17. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 11, inclusive, as though fully set forth herein.
18. Within the last four (4)years, at Calabasas, California, Defendants became indebted to Plaintiffs in a sum which is uncertain, but which represents 10% of the production costs of the Movie and 7.5% of Defendants' receipts from the distribution company who distributes the Movie, in the sum of approximately $_________ for money had and received by Defendants for the use and benefit of Plaintiffs.
19. Plaintiffs have made demand from Defendants, but no payment has been made by Defendants to Plaintiffs, and there is now due and owing a sum to be shown according to proof but not less than $____________, together with interest at the rate of 10% per annum from and after October 31, 2006.
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FOURTH CAUSE OF ACTION
(Against Defendants for Open Book Account)
20. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 19, inclusive, as though fully set forth herein.
21. Within four (4) years last past, in the County of Los Angeles, State of California, Defendants became indebted to Plaintiffs on an open book account for money due in a sum to be shown according to proof at trial, but approximately $__________.
22. Neither the whole nor any of this sum has been paid, although due demand therefor has been made, and there is now due, owing and unpaid from Defendants to Plaintiffs the sum of at least $_________, together with interest thereon at the rate of 10% from and after October 31, 2006.
23. Pursuant to California Civil Code § 1717.5, Plaintiffs are entitled to attorney's fees in a sum to be shown according to proof.
FIFTH CAUSE OF ACTION
(Against All Defendants for Work, Labor and Services)
24. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 23, inclusive, as though fully set forth herein.
25. Within the last two (2) years at Calabasas, California, Defendants became indebted to Plaintiffs in the agreed sum of at least $_________ for work, labor and services performed by Plaintiffs for Defendants.
26. Plaintiffs have repeatedly demanded payment from Defendants.
27. No payment has been made by Defendants to Plaintiffs, and there is now due and owing the sum of at least $_________, with interest on that amount at the rate of 10% per annum from and after October 31, 2006.
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SIXTH CAUSE OF ACTION
(Against All Defendants for the Reasonable Value of Work, Labor and Services)
28. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 27, inclusive, as though fully set forth herein.
29. Within the last two (2) years, Plaintiffs performed services for Defendants and at the request of Defendants. Defendants accepted, used, and enjoyed the services provided by Plaintiffs.
30. Plaintiffs have repeatedly demanded payment from Defendants.
31. The fair and reasonable value of the services provided to the Defendants is at least $____________.
32. No payment has been made by Defendants to Plaintiffs, and there is now owing the sum of at least $______________.
SEVENTH CAUSE OF ACTION
(Against All Defendants for Declaratory Relief)
33. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 32, inclusive, as though fully set forth herein.
34. An actual controversy has arisen and now exists between Plaintiffs and Defendants in that Plaintiffs contend, and Defendants apparently deny, that Defendants agreed to pay Plaintiffs for Plaintiffs' services as set forth in the First and Second Causes of Action herein, and that Plaintiffs have performed the services required of them pursuant to the Production Agreement and the Agreement.
35. Plaintiffs desire a judicial determination of the respective rights and duties of Plaintiffs and Defendants with respect to the Production Agreement and the Agreement. In particular, Plaintiffs desire a declaration that Defendants are indebted to Plaintiffs in a sum of not less than $___________.
36. Such a declaration is necessary and appropriate at this time in order that Plaintiffs may ascertain their rights and duties with respect to the Production Agreement and the Agreement.
WHEREFORE, Plaintiffs pray judgment as follows:
ON THE FIRST CAUSE OF ACTION:
1. For damages of 10% of the production costs in a sum to be shown according to proof, together with interest thereon at the highest rate allowed by law from and after September 30, 2006;
ON THE SECOND CAUSE OF ACTION
2. For damages of 7.5% of the monies paid to Defendants by the distribution company for the Movie, in a sum to be shown according to proof at trial, together with interest thereon at the highest rate allowed by law from and after October 31, 2006;
ON THE THIRD, FOURTH, FIFTH AND SIXTH CAUSES OF ACTION
3. For damages in a sum of not less than $___________, together with interest thereon at the highest rate allowed by law from and after October 31, 2006;
ON THE SEVENTH CAUSE OF ACTION
4. For a judicial determination that Defendants are indebted to Plaintiffs in the sum of not less than $_________.
ON ALL CAUSES OF ACTION
5. For costs of suit incurred hereto; and
6. For such other relief as the Court deems just and proper.
DATED: April , 2008
LAW OFFICES
GOLDFARB, STURMAN & AVERBACH
By:
Cynthia L. Rubin
Attorneys for Plaintiffs Ed Meyer and Adirondack International Pictures, Inc.
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Cynthia L. Rubin/SBN 120271]
GOLDFARB, STURMAN & AVERBACH
15760 Ventura Boulevard, Suite 1900
Encino, California 91436-3012
(818) 990-4414 / Fax No. (818) 905-7173
Attorneys for Plaintiffs Ed Meyer and Adirondack International Pictures, Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
ED MEYER and ADIRONDACK INTERNATIONAL PICTURES, INC., a New York Corporation,
Plaintiffs,
vs.
JOHN MELENDEZ and DOES 1 through 50, inclusive,
Defendants
CASE NO.
COMPLAINT FOR:
1. BREACH OF CONTRACT
2. COMMON COUNTS
3. DECLARATORY RELIEF
Plaintiffs, Ed Meyer and Adirondack International Pictures, Inc., allege as follows:
GENERAL ALLEGATIONS
1. Plaintiff Ed Meyer is, and at all times herein mentioned was, a resident of the state of California and living in Los Angeles County, California. Plaintiff Adirondack International Pictures, Inc. is, and at all times herein mentioned was, a corporation organized and existing under the laws of the State of New York, and not transacting any intrastate business in California.
2. Plaintiffs are informed and believe and thereon allege that Defendant John Melendez ("Melendez") is, and at all times herein mentioned was, an individual residing in the County of Los Angeles, State of California. Plaintiffs are informed, believe and thereon allege that certain corporations or limited liability companies formed by Defendants may have liability for the causes of action alleged herein, and Plaintiff sues those entities as Does, and will amend this Complaint to add those entities when their identities become known.
3. The true names and capacities, whether individual, corporate, associate or otherwise, of the Defendants named herein as Does 1 through 50, inclusive, are unknown to Plaintiffs, who therefore sue said Defendants by such fictitious names, and pray that their true names and capacities may be incorporated herein by appropriate amendment when the same have been ascertained. Plaintiffs are informed and believe and thereon allege that each of the fictitiously named Defendants is responsible in some manner for the events and happenings referred to in this Complaint, and caused injury and damage to Plaintiffs as hereinafter alleged, and are thereby liable to Plaintiffs.
4. Plaintiffs are informed and believe and thereon allege that Defendants, and each of them, were the agents, employees, co-venturers, servants, partners, principals, masters, employers, and/or associates of the remaining Defendants, and each or all of them, and at all times relevant, were acting within the purpose and scope of such agency, service, employment, partnership and/or association.
5. Each and every reference to "Defendants" in this Complaint is intended and shall be deemed and construed to be a reference to all of the Defendants, named and unnamed, including fictitiously named Defendants, against whom a cause of action has been brought.
6. The allegations and factual contentions made herein on information and belief have evidentiary support or are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.
FIRST CAUSE OF ACTION
(Against Defendants for Breach of Oral Contract)
7. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 6, inclusive, as though fully set forth herein.
8. In or about June 2006, Plaintiffs and Defendants entered into an oral agreement wherein Plaintiffs agreed to find a production company to produce Defendants' movie which was originally to be called "Breaking the Rules" (or perhaps "Breaking the F***ing Rules"), but was later changed to "One, Two, Many" (the movie originally entitled "Breaking the Rules" and later changed to "One, Two, Many" is hereinafter referred to the "Movie"), and Defendants agreed to pay Plaintiffs 10% of all production costs payable no later than September 2006 (hereinafter referred to as the "Production Agreement").
9. Pursuant to the Production Agreement, Plaintiffs did in fact introduce a production company to Defendants, and Defendants used the production company introduced to them by Plaintiffs to make the Movie. However, after Plaintiffs introduced the production company to Defendants, and Defendants made their own agreement with the Production Company, Defendants failed and refused to pay Plaintiffs the 10% of the production costs as agreed.
10. Plaintiffs have performed all conditions, covenants and promises on their part to be performed in accordance with the Production Agreement.
11. Beginning in or about September 2006, and continuing to the present, Defendants breached the Production Agreement by failing to pay to Plaintiffs any of the production costs, and by informing Plaintiffs that Plaintiffs were not entitled to any of the production costs and would get nothing from Defendants relating to the Production Agreement. As a direct and proximate result of the breach of Defendants, Plaintiffs have been damaged because they did not receive the ten percent (10%) of the production costs promised to them, in a sum to be shown according to proof, but which Plaintiffs are informed and believe and thereon allege are between $50,000 and $80,000.
SECOND CAUSE OF ACTION
(Against Defendants for Breach of Oral Contract)
12. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 11, inclusive, as though fully set forth herein.
13. In or about June 2006, Plaintiffs and Defendants entered into an oral agreement whereby Defendants would pay Plaintiffs and Caron Feldman to produce the Movie, and Defendants agreed to pay Caron Feldman and Plaintiffs each 7.5% of Defendants' receipts from the distribution company who distributes the Movie (the "Agreement").
14. In or about October 2006, Defendants, through their attorney Leonard Asclafani, gave notice via letter to Plaintiffs that Defendants would not perform the Agreement, and Defendants totally repudiated the Agreement. Defendants' repudiation has not been retracted.
15. At the time Plaintiffs received Defendants' repudiation, Plaintiffs had performed all of the conditions, covenants and promises on their part to be performed pursuant to the Agreement, and were ready, able and willing to complete any performance that Defendants required.
16. As a proximate result of the breach by Defendants, Plaintiffs have been damaged in the sum of 7.5% of the income received by Defendants from the distribution company for the Movie, in an amount to be shown according to proof at trial, together with interest thereon at the highest rate allowed by law from and after October 2006.
THIRD CAUSE OF ACTION
(Against Defendants for Money Had and Received)
17. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 11, inclusive, as though fully set forth herein.
18. Within the last four (4)years, at Calabasas, California, Defendants became indebted to Plaintiffs in a sum which is uncertain, but which represents 10% of the production costs of the Movie and 7.5% of Defendants' receipts from the distribution company who distributes the Movie, in the sum of approximately $_________ for money had and received by Defendants for the use and benefit of Plaintiffs.
19. Plaintiffs have made demand from Defendants, but no payment has been made by Defendants to Plaintiffs, and there is now due and owing a sum to be shown according to proof but not less than $____________, together with interest at the rate of 10% per annum from and after October 31, 2006.
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FOURTH CAUSE OF ACTION
(Against Defendants for Open Book Account)
20. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 19, inclusive, as though fully set forth herein.
21. Within four (4) years last past, in the County of Los Angeles, State of California, Defendants became indebted to Plaintiffs on an open book account for money due in a sum to be shown according to proof at trial, but approximately $__________.
22. Neither the whole nor any of this sum has been paid, although due demand therefor has been made, and there is now due, owing and unpaid from Defendants to Plaintiffs the sum of at least $_________, together with interest thereon at the rate of 10% from and after October 31, 2006.
23. Pursuant to California Civil Code § 1717.5, Plaintiffs are entitled to attorney's fees in a sum to be shown according to proof.
FIFTH CAUSE OF ACTION
(Against All Defendants for Work, Labor and Services)
24. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 23, inclusive, as though fully set forth herein.
25. Within the last two (2) years at Calabasas, California, Defendants became indebted to Plaintiffs in the agreed sum of at least $_________ for work, labor and services performed by Plaintiffs for Defendants.
26. Plaintiffs have repeatedly demanded payment from Defendants.
27. No payment has been made by Defendants to Plaintiffs, and there is now due and owing the sum of at least $_________, with interest on that amount at the rate of 10% per annum from and after October 31, 2006.
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SIXTH CAUSE OF ACTION
(Against All Defendants for the Reasonable Value of Work, Labor and Services)
28. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 27, inclusive, as though fully set forth herein.
29. Within the last two (2) years, Plaintiffs performed services for Defendants and at the request of Defendants. Defendants accepted, used, and enjoyed the services provided by Plaintiffs.
30. Plaintiffs have repeatedly demanded payment from Defendants.
31. The fair and reasonable value of the services provided to the Defendants is at least $____________.
32. No payment has been made by Defendants to Plaintiffs, and there is now owing the sum of at least $______________.
SEVENTH CAUSE OF ACTION
(Against All Defendants for Declaratory Relief)
33. Plaintiffs hereby incorporate each and every allegation contained in paragraphs 1 through 32, inclusive, as though fully set forth herein.
34. An actual controversy has arisen and now exists between Plaintiffs and Defendants in that Plaintiffs contend, and Defendants apparently deny, that Defendants agreed to pay Plaintiffs for Plaintiffs' services as set forth in the First and Second Causes of Action herein, and that Plaintiffs have performed the services required of them pursuant to the Production Agreement and the Agreement.
35. Plaintiffs desire a judicial determination of the respective rights and duties of Plaintiffs and Defendants with respect to the Production Agreement and the Agreement. In particular, Plaintiffs desire a declaration that Defendants are indebted to Plaintiffs in a sum of not less than $___________.
36. Such a declaration is necessary and appropriate at this time in order that Plaintiffs may ascertain their rights and duties with respect to the Production Agreement and the Agreement.
WHEREFORE, Plaintiffs pray judgment as follows:
ON THE FIRST CAUSE OF ACTION:
1. For damages of 10% of the production costs in a sum to be shown according to proof, together with interest thereon at the highest rate allowed by law from and after September 30, 2006;
ON THE SECOND CAUSE OF ACTION
2. For damages of 7.5% of the monies paid to Defendants by the distribution company for the Movie, in a sum to be shown according to proof at trial, together with interest thereon at the highest rate allowed by law from and after October 31, 2006;
ON THE THIRD, FOURTH, FIFTH AND SIXTH CAUSES OF ACTION
3. For damages in a sum of not less than $___________, together with interest thereon at the highest rate allowed by law from and after October 31, 2006;
ON THE SEVENTH CAUSE OF ACTION
4. For a judicial determination that Defendants are indebted to Plaintiffs in the sum of not less than $_________.
ON ALL CAUSES OF ACTION
5. For costs of suit incurred hereto; and
6. For such other relief as the Court deems just and proper.
DATED: April , 2008
LAW OFFICES
GOLDFARB, STURMAN & AVERBACH
By:
Cynthia L. Rubin
Attorneys for Plaintiffs Ed Meyer and Adirondack International Pictures, Inc.
posted by Doc at 9:11 PM
