SGP Entertainment v. BK Prods - Hanna Swenson Mysteries complaint.pdf

7/25/2019 SGP Entertainment v. BK Prods - Hanna Swenson Mysteries complaint.pdf

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KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

GREGORY

J.

ALDISERT (SBN 115334)

[email protected] , -.-?


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Plaintiff SGP Entertainment

dba

Stephanie

Germain

Productions alleges as follows:

INTRODUCTION

1.

This

case

arises outof failure ofone

producing

partner

(Bradley

Krevoy) to honor

his

contractual

obligations

to

another producing

partner (Stephanie

Germain)

in

connection

with

the

development and production oftelevision motion pictures based on the Hannah Swensen

Mystery book series. Three

Hannah

Swensen films, known as Murder, She

Baked

titles, have

already aired

on

the Hallmark

Movie

and Mystery channel. Krevoy has repeatedly breached

his

contractual obligation

to

reach agreement with

Germain

on

all creative and business

decisions,

and

Krevoy has

frequently functioned as ifhe

has

no producing partner at

all.

Krevoy has

kept

Germain in the dark on many issues and has failed to provide complete

accountings

to Germain.

Because Krevoy's breaches

are

on-going and the production ofadditional films is

also

on-going,

Germain

seeks

to enforce her contractual

rights

regarding the films already

made,

to obtain a

complete accounting ofmonies in connection with all films

and to

obtain declaratory

relief

as to

her

rights

and Krevoy's obligations on

future productions.

THE

PARTIES

2. Plaintiff SGP

Entertainment

dba

Stephanie Germain Productions ( Germain

Productions ) isaCalifornia corporation

with its

principal

place

ofbusiness

located

in

Los

Angeles County,

California.

Stephanie Germain is the owner ofGermain Productions. She

has

extensive

experience in

the

television industry as

a

producer, executive

producer

and co-owner

for

20

years.

Germain's productions include over 25 movies

for

television

or

mini-series, and an

Emmy

Award nomination. In addition,

she

co-produced the Showtime

television

series Jeremiah

and

was

an executive producer

on the Roland

Emmerich motion

picture

The

Day After Tomorrow.

Plaintiff will referto Germain Productions and Stephanie Germain collectively as Germain

unless separately designated.

3. Plaintiffs are informed and believe that Defendant BK Productions LLC ( BK

Productions ) isa

suspended

California limited liability company

with its principal place

of

business located in Los Angeles County, California.

11073.00002/334700.6

1

COMPLAINT


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13.

Krevoy was to be responsible for all costs associated

with

procuring the rights,

financing

the

development and production of

the

Project and

forming

and operating

the

Company.

Agreement, \ 5. As for

overhead,

the

parties agreed

neither

of

them shall be entitled to

charge

percentage

overhead or other flat overhead to the cost

of

production

or

otherwise as recoupable

expense, but mutually approved actual overhead costs shall

be allowable.

Agreement,

\ 5.

Krevoy could recoup allowable

overhead

costs out

of

the

approved budget

and profits

from the

Project so

long

as

they

were reasonable

and

approved by

Germain. Id.

14. The Agreement provided: [Germain] shall

have final

approval over the terms of

any producing

services Stephanie Germain

provides

in

connection with the Project,

including

without

limitation, extent of services, location of services, and exclusivity.

Agreement,

\ 3.

15.

Under

the Agreement,

each

party was to receive production company credits

and

logo

credits and

Germain

and Krevoy would

receive

separate card

executive producer credits.

Agreement,

\

8.

16.

Pursuant to the Agreement, Krevoy and Germain were specifically

obligated to

comply with Paragraph 7

as

follows: The terms ofthis Agreement apply

solely to

the

first three

MOW's

comprising

the

Project, and

if

there are any further productions proposed or

contemplated

based

on

the Books, the parties will negotiate

in

good

faith

as to

applicable

terms,

and if

they do

not

reach agreement,

then

neither party shall be entitled

to

proceed

with any further production(s) based on the Books.

Id.

17. Pursuant to the

Agreement,

Germain and Krevoy agreed to form a

California

limited

liability

company called

Swensen

Productions LLC ( Swensen ). Krevoy sent a proposed

written

operating

agreement.

Germain's counsel

provided comments to

the

agreement,

but the

parties

never

reached

agreement on

all

material terms

and

no operating agreement

was

ever

signed.

Krevoy caused Swensen to be formed as a

Louisiana

limited liability corporation with

Krevoy and Germain as 50-50 owners.

B. The Agreements With Crown Media

18.

Onbehalfof Swensen, Krevoy negotiated an

agreement

with

Crown

Media dated

as of

April 2, 2014 whereby Swensen agreed to develop three

teleplays based on the Hannah

11073.00002/334700.6 4

COMPLAINT


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SPG

Ente r t a inmen t v.

BK

Produc t ions , e t

a l .

casenumber

Civil

Case

Cover Sheet

Category No.

Business Tort (07)

Civil Rights (08)

Defamation (13)

Fraud (16)

Professional Negligence (25)

Other (35)

Wrongful Termination (36)

Other Employment (15)

Breach of Contract/ Warranty

(06)

(not insurance)

Collections (09)

Insurance Coverage (18)

Other Contract (37)

Eminent Domain/Inverse

Condemnation (14)

Wrongful Eviction (33)

Other Real Property (26)

Unlawful Detainer-Commercial

(31)

Unlawful

Detainer-Residential

(32)

Unlawful Detainer-

Post-Foreclosure

(34)

B

Type of Action

(Check only one)

I I

A6029

Other

Commercial/Business

Tort

(not

fraud/breach

of

contract)

I I

A6005 Civil Rights/Discrimination

I IA6010

Defamation (slander/libel)

I I

A6013

Fraud

(no

contract)

| I A6017 Legal Malpractice

I I

A6050

Other Professional Malpractice

(not

medical or

legal)

I I

A6025 Other Non-Personal Injury/Property

Damage

tort

I IA6037 Wrongful Termination

I I

A6024 Other Employment

Complaint

Case

I I

A6109

Labor

Commissioner Appeals

A6004 Breach ofRental/Lease

Contract

(not unlawful detaineror

wrongful

eviction)

I I

A6008 Contract/Warranty

Breach -Seller

Plaintiff (no

fraud/negligence)

I I

A6019

Negligent Breach of

ContractA/Varranty (no fraud)

I x I

A6028 Other Breach

ofContractA/Varranty

(not fraud

or

negligence)

I I

A6002

Collections Case-SellerPlaintiff

I I

A6012

Other Promissory

Note/Collections Case

i I

A6034 Collections Case-Purchased Debt (Charged

Off

Consumer Debt

Purchased

on

or

after

January 1,

2014)

I I

A6015 Insurance Coverage (not complex)

I I A6009 ContractualFraud

I I A6031 TortiousInterference

I , I

A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)

I IA7300 Eminent

Domain/Condemnation

Number of parcels

I I

A6023 Wrongful Eviction Case

I I

A6018

Mortgage

Foreclosure

I I

A6032

QuietTitle

I i A6060 Other Real Property (not

eminent

domain,

landlord/tenant,

foreclosure)

I I

A6021 Unlawful

Detainer-Commercial (not drugs or wrongful eviction)

I I

A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)

i i

A6020F

Unlawful Detainer-Post-Foreclosun

Unlawful Detainer-Drugs (38) I [ A6022 Unlawful Detainer-Drugs

C Applicable

Reasons - See

Step

3

Above

1.,3.

1.,2.,3.

1..2..3.

1 , 2 , 3 .

1., 2., 3.

1. .2 . .3 .

2,3.

1. ,2 . ,3 .

12. ,3 .

10 .

2 , 5 .

2., 5.

1. ,2 . ,5 .

1 , 2 , 5 .

2., 5., 6, 11

2., 5, 11

5, 6, 11

1. ,25. , I

1..2..3.,

5.

1.,

2.,3

5.

1 .. 2, 3 ,

8.

2 ,6 .

2., 6.

2., 6.

2., 6.

2., 6.

2., 6.

2., 6.

2., 6.

LACIV

109 (Rev 3/15)

LASC Approved 03-04

CIVIL CASE

COVER SHEET ADDENDUM

AND

STATEMENT OF LOCATION

Local

Rule

2. 3

Page

2 of 4


19/20

short title: SPG Ente r t a inmen t

v. BK

Product ions, e t

a l .

CASE NUMBER

A

Civil Case

Cover

Sheet

CategoryNo.

B

Type of Action

(Checkonlyone)

C

Applicable

Reasons - See Step 3

Above

Asset Forfeiture (05)

I.

. J

A6108

Asset

Forfeiture

Case

2 ,6 .

1

>

Petition

re

Arbitration (11)

\_3 A6115

Petition to Compel/ConfirmA/acate Arbitration

2 , 5 .

cc

75

.5

Writ

ofMandate(02)

I 1

A6151 Writ

-Administrative Mandamus

I ...J A6152 Writ -Mandamus

on

Limited Court

Case

Matter

2. , 8.

2.

3

->

c

o

co

O )

3

X

V>

E

o

O

,> .

75

c

o

i2

'>

g

Q .

I 1

A6153

Writ

-Other

Limited Court Case

Review

2.

OtherJudicial

Review (39)

iZZI A6150

Other

Writ/Judicial

Review

2 ,8 .

Antitrust/Trade Regulation (03)

I I

A6003

Antitrust/Trade

Regulation

1 ,2 . ,

8.

Construction Defect

(10)

I I A6007

Construction

Defect

1. ,2

3.

Claims

Involving

Mass Tort

(40)

I I

A6006 Claims

Involving

Mass

Tort

1.,2.,8.

Securities

Litigation

(28)

I I

A6035 Securities

Litigation Case

1.,2.,8.

Toxic Tort

Environmental (30)

I ,

,.l A6036 Toxic

Tort/Environmental

1. ,2 . ,3 . ,8 .

InsuranceCoverage Claims

from

Complex

Case (41)

I 1A6014 Insurance

Coverage/Subrogation

(complex case only)

1., 2.,5.,8.

I I

A6141

Sister State Judgment

2., 9.

0) o>

I I A6160

Abstract

ofJudgment

2., 6.

E

g-g'

S3

Enforcement

of Judgment (20)

I 1A6107 Confession of Judgment (non-domestic relations)

I 1A6140

Administrative

Agency Award (not unpaid taxes)

2., 9.

28.

ut

o

| 1

A6114

Petition/Certificate

for

Entry of

Judgment

on Unpaid Tax

2 ,8 .

CO

I 1

A6112 Other Enforcement

of Judgment Case

2., 8., 9.

RICO (27)

I I

A6033

Racketeering

(RICO) Case

1.,2.,

8.

O CO

It

I I

A6030

Declaratory

Relief

Only

1. .2 . .8 .

iS

e

o

v

Other Complaints

(Not SpecifiedAbove)(42)

| 1A6040 Injunctive Relief Only (not domestic/harassment)

L_J A6011

Other Commercial

Complaint Case

(non-tort/non-complex)

2., 8.

1..2.. 8.

I 1A6000 Other Civil Complaint (non-tort/non-complex)

1.,2.,

8.

[S,?

Partnership Corporation

Governance (21)

\Z3

A6113

Partnership and Corporate Governance Case

2 ,8 .

CZH

A6121

Civil

Harassment

2. ,3 . ,9 .

v l

t o ns

i I

A6123 Workplace Harassment

2., 3., 9.

Other Petitions (Not

SpecifiedAbove)(43)

1

A6124 Elder/Dependent

Adult

Abuse

Case '

I A6190 Election Contest

23. ,9.

2.

~ ~J

A6110

Petition

for

Change of Name

2., 7.

1A6170 Petition

for

Relief

from

Late Claim Law

2., 3., 4., 8.

,' '>

I A6100 Other

Civil Petition

2. , 9.

LACIV

109 (Rev 3/15) Cl>

LASC Approved 03-04

/ILCASECOVER SHEET

ADDENDUM

Loc

AND

STATEMENT

OF LOCATION

F

al Rule

2. 3

'age 3 of 4


20/20

short

title: spg Entertainment v. BK Productions, et al,

CASE

NUMBER

Item

III.

Statement of Location: Enter

the

address of the accident,

party's

residence or

place

of business,

performance

or

other

circumstance

indicated in

Item

II.,

Step 3

on

Page

1, as the

proper reason for

filing in the

court

location

you selected.

REASON:

Check

the appropriateboxes forthe numbers shown

under Column Cfor the typeofaction that you haveselected for

t h is c a s e.

l .E2 .n3O4O5O6O7O8O9Ol0 .C]11

address

10635

Santa Monica

Blvd Suite

180

CITY:

Los Ang e l e s

STATE:

CA

ZIP

CODE:

9 0 0 2 5

Item

IV.

Declaration ofAssignment. Ideclare under

penalty

of perjury under

the

laws of

the

State of California that the foregoing

is

true

and correct and that

the

above-entitled

matter is

properly

filed for assignment to the

Central courthouse

in

the

Los

Anqeles District of the Superior Court of California, County of Los Angeles

[Code

Civ. Proa, 392 et seq., and Local

Rule2.3, subd. (a).

Dated:

02 / 04 / 1 6

SIGNATURE OF ATTORNEY/FILING PARTY

Gregory J. Aldisert

COMMENHCEVYOTul SeWCOURT

CASE C0MPLETED

AND READY T0 BE FILED '* ER PROPERLY

1.

2.

3.

4,

5.

6.

Original Complaint or Petition.

If

filing

aComplaint, a

completed Summons form for

issuance by

the Clerk.

Civil Case

Cover

Sheet, Judicial Council

form

CM-010.

03/15)aSe

CVer

Sh6et

Addendum

and statement of

Location

form, LACIV 109, LASC Approved 03-04 (Rev.

Payment in

full

of the filing fee, unless fees have beenwaived.

Asigned

order

appointing the Guardian

ad

Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a

minor

under

18 years ofagewill be

required by

Court

in order

to issue a summons.

mncJhSf

P fS,f doc eunts t0

be conformed by the

Clerk. Copies of the

cover

sheet

and

this addendum

must be served along

with

the summons and complaint, or

other initiating pleading

in the case.

LAOIV'hOg (Rev3/15)

CIVIL CASE COVER SHEETADDENDUM

Local Rule 2. 3

SGP Entertainment v. BK Prods - Hanna Swenson Mysteries complaint.pdf

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