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Entertainment Law
Breach of Fiduciary Duty
Misappropriation

Lol Creme, an individual, and Lol Creme Productions, Inc. v. Gelfand, Rennert & Feldman, a division of Coopers & Lybrand, L.L.P., et al.

Published: Apr. 5, 1997 | Result Date: Mar. 14, 1997 | Filing Date: Jan. 1, 1900 |

Case number: BC145212 –  $2,100,000

Judge

Abby Soven

Court

L.A. Superior Central


Attorneys

Plaintiff

Joel M. Kozberg

Henry D. Gradstein
(King, Holmes, Paterno & Soriano LLP)


Defendant

Stephen F. Moeller
(Valensi Rose PLC)

Janet Farrell


Facts

In 1989 plaintiff Lol Creme, a well-known recording artist, music producer and video director, and Lol Creme Productions, Inc., his independent production company, contracted with defendant Coopers & Lybrand, L.L.P.'s entertainment/business management division, known as Gelfand, Rennert & Feldman, for business managent services. The plaintiffs gave the defendants complete control of the plaintiffs' income, bank accounts and other investments. The plaintiffs brought this action against Coopers and Lyband, Gelfand, Rennert & Feldman and Nicholas Brown the managing parties of the entertainment business management division, based on breach of fiduciary duty, breach of contract and fraud theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $950,000, withdrawn before trial. The defendants made a series of settlement offers during trial, the last of which was $1.75 million. The defendants' offers were rejected by the plaintiffs.

Damages

The plaintiffs claimed $2.1 million in compensatory damages. The plaintiffs also sought punitive damages.

Other Information

The verdict was reached approximately one year and one month after the case was filed. The jury found that the defendants had acted with malice or fraud. Eight hours after the jury rendered its verdict regarding compensatory damages, and before the punitive damages phase, defendant Coopers & Lybrand settled the matter for an undisclosed sum in addition to compensatory damages.

Deliberation

4+ hours

Poll

12-0

Length

11 to 12 days


#101468

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