Infinite Productions v. Kodiak Films, Inc., et al.
Published: Apr. 6, 1996 | Result Date: Mar. 1, 1996 | Filing Date: Jan. 1, 1900 |Case number: C670195 – $2,800,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Joseph D. Schleimer
(Law Office of Joseph D. Schleimer)
Defendant
Experts
Plaintiff
James Perry
(technical)
Defendant
Michael D. Goldman
(technical)
Williams Shields
(technical)
Lou Horwitz
(technical)
Facts
In 1984, the plaintiff, Infinite Productions, and its owner, Sherman Hemsley, began production of the motion picture, "Benny and Buford" which was later called "Ghost Fever." The plaintiffs entrusted the film to the defendant, Wolf Schmidt, and his defendant company, Kodiak Films, Inc., to do a rewrite, partial reshoot and then distribute the motion picture. The defendants distributed the picture worldwide but kept 100% of the proceeds. The defendant, Kodiak Films, Inc., filed for bankruptcy and the action proceeded against defendant, Wolf Schmidt, who also filed for bankruptcy prior to trial. The plaintiffs brought this action against the defendants based on fraud and deceit theories of recovery which are not dischargeable in bankruptcy.
Settlement Discussions
The plaintiffs demanded $800,000 (cash) and the defendant offered a structured settlement of $500,000.
Damages
$5,000,0000 (in original prayer). At trial the plaintiffs asked for $2,800,000.
Other Information
The verdict was reached approximately eight years and four months after the case was filed. The defendant intends to file a motion for a new trial _____ (RIGHT??) on the basis that the jury awarded approximately $1,000,000 in legal and accounting fees which are not permissable and the trial judge erred in giving preinstructions to the jury which misstated findings of a reference four years earlier. It is the plaintiffs' contention that the preinstructions were more favorable to the defendants that the courts' findings on the accounting reference, and the $2,800,000 is supported by the evidence as compensatory damages. An accounting reference by the court (C.C.P. º639(a) and (b)) determined that defendants had underreported revenue and taken excessive cost deductions. The jury was preinstructed on these findings.
Deliberation
4 days
Poll
12-0
Length
6 weeks
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