Beverly Hills Ninja 2, LLC, BHN2, LLC, Dancing Ninja Productions Inc. Legacy Filmworks, Ltd., GV Entertainment, Jungho Han a/k/a/ John Han, Danielle Na, Deborah Gabler, and Does 1 through 20 v. Terra Firma Productions Inc., Mitchell Klebanoff
Published: Dec. 24, 2011 | Result Date: Jun. 28, 2011 | Filing Date: Jan. 1, 1900 |Case number: 10-45 Arbitration – $255,806
Facts
Mitchell Klebanoff co-wrote and co-produced "Beverly Hills Ninja." Klebanoff found a group of Korean investors willing to finance the sequel in exchange for distribution rights in the USA and Asia. Disagreements ensued, and failure to pay the production's bills halted its filming. Klebanoff was fired 30 percent into the shooting of the sequel. He sued the producers and financiers, including the Korean investors, of the sequel, "Beverly Hills Ninja 2" for breach of contract, fraud, defamation, conspiracy, and failure to pay $400,000. Defendants filed a counter-claim against Klebanoff. THe investors claimed that Klebanoff misrepresented his experience in the film business to get them to invest.
Result
Award for counter-claimants/defendants Terra Firma Productions Inc. and Mitchell Klebanoff. The matter was decided before Michael Diliberto, an IFTA arbitrator. Diliberto determined that the investors had knowledge of Klebanoff's limited experience at the time of investing, and that the sequel's quality was beyond Klebanoff's control and that the producers did not give Klebanoff sufficient notice that he was in default of the Directing Services agreement. Klebanoff won on his main claims and was awarded $255,806, which included the principal, legal costs, and interest. His defamation claim was, however, denied. The final arbitration award was rendered on June 28, 2011. The arbitration award was confirmed by Judge Michael Solner of the Los Angeles Superior Court on Sept. 21, 2011.
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