Hollywood Docket: Nov. 29, 2007

Dispute over Sammy Davis Jr. movie rights

Boyar Investments v. Permut Presentations, Case No. 07-1344 (Dallas County District Ct., Texas), filed Nov. 14.

Claim: Breach of contract.

Allegations: The owners of the rights to two "biographical treatments" of the life of Sammy Davis Jr. -- "Yes I Can" and "Why Me?" -- sold a nine-month movie rights option to producer David Permut for $2,500. Permut could exercise the option on payment of an initial production fee or extend the option for a year by paying an additional $37,500. The option expired in November 2002 but without paying any additional fees, "Defendants have continued to act as though they possess (the movie) rights," meeting with potential writers, actors and distributors. A major Hollywood studio has refused to consummate a deal with plaintiffs until defendants' "specious claims" to the rights are resolved.

Filing attorney: Michael Lynn, Lynn Tillotson & Pinker in Dallas.

Hearty v. Forest Film Partners, Case No. BC380682 (Los Angeles Superior Ct.), filed Nov. 14.

Claims: Fraud, breach of contract, conversion, unjust enrichment, rescission.

Allegations: Hilary Hearty and her father invested $44,000 in Forest Film Partners, a film production company owned by producers Joe Majestic and Ilya Salkind. Majestic promised the money would be held in trust until Forest Films raised at least $110,000 in financing and would be returned in full if that target was not met when the share subscription offering period ended. "Defendants did not raise a single dollar in financing from any other source," a "large portion" of the plaintiffs' money has been spent, and "Plaintiffs bring this lawsuit as a remedy of last resort to recover their money."

Filing attorney: Peter Masaitis, Weston Benshoof Rochefort Rubalcava & MacCuish in Los Angeles

Boyar Investments v. Permut Presentations, Case No. 07-1344 (Dallas County District Ct., Texas), filed Nov. 14.

Claim: Breach of contract.

Allegations: The owners of the rights to two "biographical treatments" of the life of Sammy Davis Jr. -- "Yes I Can" and "Why Me?" -- sold a nine-month movie rights option to producer David Permut for $2,500. Permut could exercise the option on payment of an initial production fee or extend the option for a year by paying an additional $37,500. The option expired in November 2002 but without paying any additional fees, "Defendants have continued to act as though they possess (the movie) rights," meeting with potential writers, actors and distributors. A major Hollywood studio has refused to consummate a deal with plaintiffs until defendants' "specious claims" to the rights are resolved.

Filing attorney: Michael Lynn, Lynn Tillotson & Pinker in Dallas.



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