Showing posts with label Los Angeles. Show all posts
Showing posts with label Los Angeles. Show all posts

Friday, March 4, 2016

Songwriter's Heirs Advance 'Jungle Book' Case

Songwriter's Heirs Advance 'Jungle Book' Case
     LOS ANGELES (CN) - Disney must face a royalties lawsuit filed by the heirs of the writer of "The Bare Necessities" song from the 1967 animated hit "The Jungle Book," a California appeals court ruled.
     Terry Gilkyson was a songwriter in the 1950s and 60s, as well as a member of the band The Easy Riders.
     He wrote several songs from Disney's 1967 animated adaption of Rudyard Kipling's "The Jungle Book," although only "The Bare Necessities" was used in the film. The song was nominated for an Oscar and a Grammy award.
     Gilkyson signed separate contracts for the individual songs that established Disney as the author of the songs and the owner of their copyrights.
     In return, Gilkyson agreed to receive a per-song fee of $1,000, plus royalties for the sheet music and licensing of the songs.
     Disney paid the royalties to Gilkyson until his death in 1999, after which the royalties went to his children, Eliza, Tony and Nancy, according to court records.
     In 2013, Gilkyson's heirs sued Disney for breach of contract, claiming the entertainment giant failed to pay royalties for VHS and DVD releases of the songs.
     The trial court agreed with Disney that the Gilkysons' claims were barred by the four-year statute of limitations. The court noted that Disney released the DVD, which included some of Gilkyson's unreleased songs, in 2007, and the VHS containing "The Bare Necessities" in 1991.
     The Gilkysons filed an amended complaint, which mentioned the released of "The Jungle Book 2" in 2008 and "The Jungle Book" on Blu-ray in 2014, but the trial court again ruled that their claims were time-barred.
     However, the Los Angeles-based California Court of Appeals reversed the decision in a Feb. 22 ruling written by Justice Dennis Perluss.
     "The Gilkyson heirs are entitled by virtue of the continuous accrual doctrine to seek recovery of royalties for use of their father's songs in home entertainment or audiovisual media for a period commencing for years before the filing of their complaint," Perluss wrote.
     Perluss noted that part of the Gilkysons' breach of contract claim is timely under the continuous accrual doctrine. 

Saturday, November 28, 2015

Mental competence suit against Redstone raises questions over future of Viacom and CBS

Editor's note: This Shark believes that the Probate Court of Cook County crooks would be "licking their chops" over this legal dispute.  They would first have Sumner kidnapped,  forced to reside in a nursing home, secluded, sedated into a stupor  and starved to death. Imagine the billable hours! Lucius Verenus, Schoolmaster, ProbateSharks.com

 

Mental competence suit against Redstone raises questions over future of Viacom and CBS


The lawsuit filed this week challenging the mental competence of media mogul Sumner Redstone has raised questions among legal and business experts over the future of the 92-year-old billionaire's empire and how his companies should respond.
Redstone controls CBS Corp. and Viacom Inc., which owns Paramount Pictures, MTV and other media properties. The companies have a combined market value of about $45 billion, but neither has publicly discussed details of Redstone's deteriorating health.
The suit filed in Los Angeles County Superior Court by Manuela Herzer claims Redstone was not mentally competent when he removed her from oversight of his healthcare last month.
Redstone's lawyers have called the legal action by Redstone's ex-girlfriend "preposterous," "meritless" and "riddled with lies" — but it could nonetheless force CBS and Viacom to address the issue of Redstone's competence, some legal experts say.
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Companies are not required to disclose medical details about their executives, according to analysts. But they do have to divulge "material" information — in other words, anything that reasonable investors would need to make informed decisions when buying and selling stocks.
If the court finds that Redstone is in fact incapable of making decisions, that could open up the companies to potential lawsuits from shareholders claiming that key information was kept from them, lawyers said.
"It raises the question of who knew what when, and what should've been disclosed to shareholders at what point in time," said Los Angeles attorney Bryan Sullivan, a partner at Early Sullivan Wright Gizer & McRae who has handled fiduciary duty matters. "If one person in the power structure knew he was incompetent, then there is potential liability under SEC regulations for failure to disclose material facts."
A representative for Viacom did not respond to a request for comment, and CBS declined to comment.
The issue of executive health came to the forefront in 2009 when Apple Inc. co-founder Steve Jobs took a medical leave and disclosed a hormone imbalance. Jobs, who had undergone surgery in 2004 to remove a cancerous tumor in his pancreas, did not say whether his cancer had returned at the time but said that the issue was "more complex" and required a six-month leave.
In April 2009, Jobs underwent a liver transplant. That procedure triggered a discussion of whether Apple, long known for its secretive corporate culture, had run afoul of federal securities rules by not disclosing the severity of the executive's condition. Jobs returned to work at Apple in June 2009.
He took another leave from Apple in 2011 — citing health issues — and resigned from his post before he died that October from complications of pancreatic cancer.
Another recent high-profile case of an executive's declining health taking center stage was former Los Angeles Clippers owner Donald Sterling, who lost control of his enterprise after being declared mentally incapacitated.
In the aftermath of the release of an audio recording of Sterling disparaging blacks in April 2014, the 81-year-old executive's wife sought control of the National Basketball Assn. team.
In May 2014, two doctors found Sterling, who by then was banned for life from the NBA, mentally incapable of continuing on as a member of the family trust that owned the basketball franchise. Shelly Sterling then reached a deal to sell the Clippers to former Microsoft Corp. Chief Executive Steve Ballmer for $2 billion.
Donald Sterling has unsuccessfully fought the sale of the team in court.
Some corporate governance experts say companies have been more forthright about their executives' health problems since the Jobs ordeal. Still, it often makes more sense for companies to stay muted, said law professor Allan Horwich, who practices at the Chicago firm Schiff Hardin. Firms can expose themselves to greater risk if they make affirmative public statements about an executive's health.
"This issue becomes much more difficult for the company when they do say something and they leave out information about the health of an executive who might not be able to serve," said Horwich, who focuses on securities litigation and fiduciary duty matters. He also teaches at Northwestern University's Pritzker School of Law.
Steven Davidoff Solomon, a law professor at UC Berkeley, also said it's unclear what the companies would need to divulge to shareholders and when.
"Given the control he has over the company, one would like to think that the company would think this is material information that should be disclosed," Solomon said. "But it's hard to know how much the company knows and how much it doesn't know and what it's real duties are."
The future of Viacom and CBS has been the subject of much speculation on Wall Street in recent months. Viacom has suffered from falling ratings at its cable networks and a weak film slate from its Paramount Pictures movie studio. Shares of Viacom, which owns MTV, Nickelodeon and Comedy Central, have fallen 32% this year. In contrast, CBS' stock has decreased just 8%.
On Friday, Viacom shares slipped $1.19 to $51.16, while CBS fell 23 cents to $50.75.
Herzer's suit demands that Redstone receive a mental examination, including a brain scan, and submit to a videotaped deposition. If her suit succeeds, Herzer could return to prominence in Redstone's affairs. Her suit asked the court to determine that her authority as the healthcare agent be reinstated.
Herzer was in charge of Redstone's advance healthcare directive and made decisions on his behalf until she was expelled from Redstone's home last month. Viacom Chief Executive Philippe Dauman then took over as the agent in charge of Redstone's healthcare directive. If a doctor determines that Redstone has become incapacitated, Dauman would make decisions on Redstone's behalf. Redstone's lawyers say the former girlfriend filed the suit to avoid being cut out of his will.
Redstone and his family control 79% of the voting shares of the two companies. Redstone has not been involved in the day-to-day functions of Viacom or CBS for some time. CBS is run by CEO Leslie Moonves.
When Redstone dies, the Sumner M. Redstone National Amusements Trust will determine what happens to his controlling interest in the companies. The companies each have a two-tier stock structure, with most shareholders owning nonvoting shares.
Still, a fraught and protracted legal battle could harm the Redstone empire even if the court finds the allegations to be meritless, said David Becher, a professor of finance at Drexel University.
"Even if it is a frivolous suit and there's nothing going on, I think the distractibility is going to hurt the company," Becher said.
ryan.faughnder@latimes.com
yvonne.villarreal@latimes.com
daniel.miller@latimes.com
Staff writer Meg James contributed to this report.

Monday, June 15, 2015

Editor's note: This Shark believes that the judges in the Probate Court of Cook County are more dangerous that the LA judge, without guns.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Retired Judge James Bascue arrested in Sawtelle barricade situation


LOS ANGELES >> A retired judge, who claimed he was being held hostage by armed suspects, was booked on suspicion of assault with a deadly weapon on a police officer after a standoff in the Sawtelle neighborhood came to a peaceful end early Thursday, police said.
James Bascue, who left the Los Angeles Superior Court bench eight years ago, was being held on $100,000 bail, said Officer Liliana Preciado, a Los Angeles Police Department spokeswoman.
Preciado said police were called to a townhouse inside a gated Westside community in the 1900 block of South Barrington Avenue around midnight by the 75-year-old ex-judge, who said he was a hostage. When police arrived and looked through a window of the townhouse, they saw a man later identified as Bascue sitting on a couch with two guns, Preciado said.

When police tried to make contact with him, he began loading magazines and a gun, Preciado said, adding that a shot was then fired inside the home, and another through the window toward officers. No officers were hurt, she said.
As SWAT officers were called, the suspect contacted a neighbor, who talked him into walking out of the residence, Preciado said.
No one else was in the residence at the time of the standoff, and no other suspects were found, Preciado said.
According to the metnews.com, Bascue retired in June 2007 after reaching the maximum retirement age of 67.

Bascue, who earned his law degree from UC Davis, was a Los Angeles County deputy district attorney from 1971 to 1990, serving as chief deputy from 1983 to 1985 under then-District Attorney Robert Philibosian.
In 1990, Bascue was appointed to the bench by then-Gov. George Deukmejian, and he was elected assistant presiding judge in 1999.
Bascue served as presiding judge from 2001-02, and received the Judicial Council of California’ Jurist of the Year award in 2002.

Monday, March 9, 2015

Editor's note:  SHHHHHH! Don't let out this dirty little secret of cemeteries.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Jewish cemetery in Los Angeles sued for throwing out remains


Associated Press 
This May 19, 2014 file photo shows the entrance to Eden Memorial Park in the Mission Hills area of Los Angeles. Eden, one of the nation’s largest Jewish cemeteries and the resting place of notables including Groucho Marx, has been sued for allegedly breaking vaults to make room for more graves and throwing out human bones in a pile. The lawsuit was filed in Los Angeles Superior Court in the first week of March 2015. (AP Photo/Nick Ut, File)
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LOS ANGELES (AP) — One of the nation's largest Jewish cemeteries and the resting place of notables including Groucho Marx has been sued for allegedly breaking vaults to make room for more graves and throwing out human bones in a pile.
More than 60 people accuse Eden Memorial Park in Los Angeles suburb of Mission Hills of negligence, fraud and other civil offenses, according to the Los Angeles Daily News (http://bit.ly/1HeapfW ).
The lawsuit, filed in Los Angeles Superior Court, seeks millions of dollars in damages and comes about a year after Eden Memorial's parent company settled a lawsuit for $80.5 million over similar complaints at the same cemetery. In the latest lawsuit, families say they were not told when they bought plots in areas of the cemetery where groundskeepers were instructed to make new graves fit even if it required breaking outer burial containers in adjacent graves.
The work caused remains to be disturbed or disposed in a pile on the cemetery grounds, according to the lawsuit.
Service Corporation International, the Houston-based parent company, didn't return calls or emails from the Daily News requesting a response.
Attorney Gary Praglin, who represents the plaintiffs, said the cemetery committed "a horrible violation of trust." He said it should have told customers about the plots they bought, where they were located and what was happening there.
"Current and former groundskeepers at the cemetery have admitted that breaking burial vaults will often cause human remains to spill out of the broken vaults," the complaint says. "In such situations, the groundskeepers were instructed by their supervisors to throw away the bones and other remains in the Cemetery Dump located on the cemetery premises."
State regulators from the Department of Consumer Affairs last inspected Eden Memorial in September, but they found no evidence of what the lawsuit alleges.
The first lawsuit was filed in 2009 and covered complaints from 1985.
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Monday, January 12, 2015

2 Tuskegee Airmen die in Los Angeles at 91 on the same day

2 Tuskegee Airmen die in Los Angeles at 91 on the same day
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AP Photo/Bruce Talamon
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LOS ANGELES (AP) -- Two members of the Tuskegee Airmen - the famed all-black squadron that flew in World War II - died on the same day. The men, lifelong friends who enlisted together, were 91.
Clarence E. Huntley Jr. and Joseph Shambrey died on Jan. 5 in their Los Angeles homes, relatives said Sunday.
Huntley and Shambrey enlisted in 1942. They were shipped overseas to Italy in 1944 with the 100th Fighter Squadron of the Army Air Force's 332nd Fighter Group. As mechanics, they kept the combat planes flying.
Huntley serviced P-39, P-47 and P-51 aircraft, and as crew chief was responsible for the plane of the squadron commander, Capt. Andrew D. Turner, said Huntley's nephew, Craig Huntly of Inglewood. "The life of his pilot was in his hands, and he took that very seriously," his nephew said.
His concern led Turner to nickname him "Mother," Huntly said.
In addition to facing danger, the Tuskegee Airmen faced racism.
Shambrey's son, Tim Shambrey of Altadena, said his father recalled getting off a train in Alabama where a hospitality station was welcoming returning white troops with handshakes and free coffee.
"When he and his buddies came off, dressed in their uniforms, of course they didn't get any congratulations" and were asked to pay for their coffee, Shambrey said.
They did so.
"The thing about those men is that they were very proud" and decided not to make a fuss, Shambrey said. "They were already used to so much discrimination."
In later life, Shambrey didn't talk much about his war service but he held barbecues that sometimes drew 150 people, including a lot of his old Army buddies, his son said.
Huntley also didn't talk much with his family about the war, said his daughter, Shelia McGee of Los Angeles.
He told them: "I was doing what I was supposed to do, and that was to serve my country," she said.
Shambrey was a National Guard combat engineer during the Korean War and later spent his career with the Los Angeles County Department of Parks and Recreation, his son said.
Huntley was a skycap for more than 60 years at airports in Burbank and Los Angeles, his daughter said

Thursday, November 20, 2014

Elderly L.A. woman vanishes, is found alone in Maine four years later

Elderly L.A. woman vanishes, is found alone in Maine four years later



CrimeHomesFBI

How did an elderly L.A. woman end up alone in a cabin in Maine? @BobsLAtimes tries to find out
A trio believed to have taken an elderly L.A. woman across the country while spending her money get probation
Mail addressed to Sarah Cheiker still sometimes shows up to her old address, years after she disappeared
Sarah Cheiker had lived in the small bungalow in the Fairfax district for decades, first with her mom and then by herself.
But one day in 2008 she vanished, and a bulldozer showed up to demolish her longtime home.
"I was shocked. We figured she was dead," said Jim Caccavo, who had been Cheiker's next-door neighbor for 35 years. When he couldn't find out what had become of the 89-year-old woman, he filed a missing person's report.
Four years later, two FBI agents rolled into the neighborhood and starting knocking on doors, asking questions and telling residents that Cheiker had been found alive — abandoned and alone in a weathered cabin near the coast of Maine.
Someone had moved Cheiker into the cabin and left her there. Alerted by neighbors, authorities in tiny Lincoln County said they found her living in squalor.
"It was a place I wouldn't have let my dog live in," said Lincoln County Sheriff's Det. Robert McFetridge.
The cabin's lone light bulb had burned out, leaving the woman in darkness. What food there was had spoiled. And though the summer weather in coastal Maine is typically mild, the day she was discovered, the temperature had climbed into the 100s, McFetridge said.
As authorities began looking into how an elderly woman from L.A. could end up alone in remote Maine, they said they became aware of a trio of people — 41-year-old twins and their 21-year-old godson — who allegedly befriended Cheiker when she still lived in her Edinburgh Avenue bungalow.
Neighbors said the brother and sister and their godson took Cheiker shopping and to doctor's appointments, and let her move in with them when the woman's bungalow was damaged in a fire.
The following year, according to public records, the Sarah Cheiker Living Trust sold the damaged house for $712,000 to a developer, who promptly tore the place down to make way for a new, larger home.
Authorities in Maine said their investigation showed that the trio then headed east on a cross-country jaunt with Cheiker, spending the proceeds from the sale as they went.
Caccavo said he recalled that after his neighbor disappeared, a storage bin was delivered to the damaged home and Cheiker's belongings were loaded up and hauled away. Caccavo said he was told the belongings were being temporarily put in storage to prevent them from being stolen should someone break into the house.
A few days later, a stranger showed up and told Caccavo's wife he had purchased the house.
It was nearly three years before deputies found Cheiker alone in the cabin near Edgecomb, a town of less than 1,500 on the coast north of Portland.
"A woman across the street called us," Det. McFetridge said. "The [cabin] owner had been told that people were looking for a place for a middle-aged artist who was looking for seclusion."
"I think they were hoping she'd expire and it would be called an unattended death," the detective said of the people who left Cheiker alone in the cabin.
The twins, Barbara Davis and Nicholas Davis, and their godson Jonathan Stevens were subsequently arrested on felony charges of endangering the welfare of a dependent person. The trio later pleaded no contest to the charges and were placed on probation, according to court records.
Lincoln County Assistant Dist. Atty. Andrew Wright, who prosecuted the case, said the three befriended Cheiker after randomly knocking on the front door of her Edinburgh Avenue home and eventually hop-scotched across the country with her in tow.
"They purchased numerous properties across the country with her money," the prosecutor said. "I've seen things that were egregious, but I'd never seen a person taken across the country, stripped of their assets and left to die."
One of the defense attorneys for the trio said his client, Nicholas Davis, treated Cheiker as though she was part of the family. Lawyer Derrick Banda said he tried to convince Nicholas Davis not to plead no contest.
"They had no evidence of elder abuse. They were checking on her and bringing her food every day. She was like part of the family," Banda said. "My client's position was she didn't like the noise from a lot of company visiting them that summer so they put her up in a seasonal rental cabin. Somebody called the local authorities: It was the nosy-neighbor syndrome."
Banda said there was no proof of any financial impropriety by his client and that he was never able to subpoena Cheiker because authorities would not divulge her whereabouts.
Wright said the Davises and Stevens eventually turned over $7,000 in uncashed money orders, which were given to Cheiker as restitution.
Authorities in Maine said they could not investigate the alleged swindle because it occurred in California. FBI officials would not comment about any investigation into the sale of Cheiker's bungalow and Los Angeles police never got involved, aside from receiving and filing Caccavo's missing person report.
Maine authorities have now placed Cheiker in a nursing home in Fryeburg, Maine. Efforts to reach her were unsuccessful. The assisted living center's administrator, James Dutton, said he would need permission from the Maine Department of Health and Human Services before allowing her to speak with a reporter. A spokesman for that agency, John Martins, declined to grant permission, citing Maine's strict privacy rules for those under state guardianship.
Caccavo said he recently visited his old neighbor while on a trip to the East Coast to see his brother.
"Sarah told me she definitely did not sell her house," he said. "She was still angry and feisty."
A Century City lawyer and his family now live in the house that replaced the bungalow. He said he was unaware of the site's history — although mail addressed to Sarah Cheiker still occasionally shows up in the mailbox.
bob.pool@latimes.com
Twitter: @BobsLAtimes