October 17, 2012 9:06am PT by Eriq Gardner
DirecTV Subsidiary Sues Over Non-Delivery of Surfer TV Series
In a lawsuit filed on Tuesday in Los Angeles Superior Court, LABC Productions alleges it fronted Union Square Agency hundreds of thousands of dollars for an original TV series about female surfers, and the money washed away without anything in return.
LABC, a subsidiary of DirecTV, says a license agreement was signed on March 11, 2011, for a series entitled Gone Until December, to feature top women surfers touring the world to surf the most sought-after waves and explore exotic locations. The agreement was for 10 thirty-minute episodes and a one-hour documentary film.
Union Square was to get $350,000, payable in three installments, with $175,000 of that amount coming at the front-end.
According to the complaint, LABC was promised award-winning cinematographers, an engineering staff that works in 3D, an "in water" top surf shooter team, delivery in time for the LA Film Festival, episodes in South Africa and Europe, and promises to meet deadlines.
But LABC says no final episodes were delivered, and even after an agreement to revise and delay delivery dates, "Union Square consistently failed to meet the revised delivery dates and frequently submitted footage and story arcs late or of such poor quality that they were unfit to air."
The parties continued to make efforts to produce a mutually-acceptable show, until LABC says it exercised its right to terminate the license agreement on March 26. At that time, LABC says it demanded recoupment of $262,000 advanced to Union Square.
LABC, represented by Ryan Baker at Baker Marquart, is now suing for breach of contract, breach of the covenant of good faith and fair dealing, fraud and unjust enrichment. It is seeking compensatory damages, rescission of the license agreement, and further restitution.
Union Square couldn't be reached for comment.
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