Post by darkstar on Aug 7, 2005 19:03:41 GMT
CASE NO. BC289730
Complaint Filed 2/4/03
Consolidated with Case No. BC294495
Assigned to Hon. Gregory Alarcon
FILED
LOS ANGELES SUPERIOR COURT
JUNE 10, 2005
JOHN A. CLARKE, CLERK
BY: L. ZULUETA, DEPUTY
SUPPLEMENTAL DECLARATION OF S. JEROME MANDEL
IN SUPPORT OF PLAINTIFF’S REQUEST THAT THE COURT
IMMEDIATELY ISSUE IT’S ORDER RE PERMANENT INJUNCTION
Date: June 16, 2005
Time: 8:30 a.m.
Department 36
S. JEROME MANDEL, SBN 51091
LILLY LEWIS, SBN 100999
MANDEL, NORWOOD, & GRANT
2001 Wilshire Boulevard, Suite 270
Santa Monica, California 90403-5627
Attorney’s for Plaintiff and Cross-Defendant
JOHN DENSMORE and
Plaintiffs COLUMBUS and PEARL COURSON
JEFFERY FORER, SBN 108310
HINOJOSA & WALLET
2215 Colby Avenue
Los Angeles, California 90064-1504
Attorney’s for Plaintiffs GEORGE MORRISON and CLARA MORRISON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
JOHN DENSMORE, individually and on behalf of California general partnerships
Comprised of John Densmore, the Estate of Jams Morrison, the Estate of Pam Courson,
Raymond Manzarek and Robert Krieger,
Plaintiff,
vs.
RAYMOND MANZAREK, an individual; ROBERT KRIEGER, an individual;
IAN ASTBURY, an individual; DOORS TOURING, INC., a California corporation;
And Does 1 through 20, inclusive,
Defendants.
AND RELATED CROSS-ACTION
PEARL COURSON, individually and as guardian ad litem for COLUMBUS COURSON, each on behalf of the DOORS MUSIC CO., a California general partnership and on behalf of THE DOORS, a California general partnership, and GEORGE MORRISON and CLARA MORRISON, each on behalf of the DOORS MUSIC CO., a California general partnership and on behalf of the DOORS, a California general partnership, and PEARL COURSON, individually and as guardian ad litem for COLUMBUS COURSON and GEORGE MORRISON and CLARA MORRISON, individually with respect to the seventh cause of action,
Plaintiffs,
Vs,
RAYMOND MANZAREK, ROBERT KRIEGER, IAN ASTBURY, THE DOORS
TOURING, INC., a California entity of unknown form, and DOES 1 through 500 inclusive,
Defendants.
I, S. Jerome Mandel, hereby declare as follows:
1. I am one of the counsel of record for Plaintiff’s in this action, on whose behalf a request was made recently that this Court immediately issue its Order re Permanent Injunction.
2. Defendants Manzarek and Krieger have embarked on yet another tour, performing as The Doors of the 21st Century. This is evidenced by the tour poster/admat appended to my prior declaration in support of Plaintiff’s Request for entry of an Order re Permanent Injunction. Plaintiff’s believe, and it seems rather obvious, that unless this Court issues an Order re Permanent Injunction, defendants will continue to use the name The Doors as part of the name of their touring band, capitalizing on the goodwill of a name not owned by them and which they have no right to use, both by virtue of contract law and partnership law. The matter has urgency because of the new Strange Days Festival Tour described in my prior declaration, which commenced on June 8.
3. Attached hereto as Exhibit 1 is a true and correct copy of a letter dated June 2, 2005 sent by Defendants litigation counsel to Louis Reisman, Esq. It is a perfect example of how defendants and their legal counsel flaunt the law, and perceive their supposed “right” to use the name The Doors. In the fourth full paragraph of the letter, in a tortured understanding of the Court’s prior rulings and the law in this State, defendants’ counsel makes clear the position of the defendants, and the fact that they have no intention whatsoever of altering their arrogant conduct. The paragraph states:
“As you are aware, the Court has entered an Order which allows my clients to tour and promote themselves as “The Doors of the 21st Century” – a legal right my client possesses unless and until the Court enters a superseding Order. While the Court has served a Proposed Statement of Decision which contemplates a permanent injunction against Messrs. Manzarek and Krieger performing under any variation of the “Doors” name, the Court has not yet entered any such Decision, and it is incredibly presumptuous of you to assume that the Court will do so. The Court is clearly willing to entertain argument against the entry of a permanent injunction, as noted by the fact that the Court, over your clients’ vehement objections, has scheduled oral argument with regard to the Proposed Statement of Decision.”
4. In fact, there never has been an order made by this Court that “allows” the defendants to call themselves The Doors of the 21st Century. There was an order denying a motion for preliminary injunction, but that does not serve as a judicial imprimatur for the defendants’ conduct. It merely allows the defendants to proceed at their own risk if they use the name. Furthermore, at the time of the Court’s ruling granting the Plaintiffs’ in limine motion on this very subject, the Court acknowledged that the denial of that earlier motion was not an Order “allowing” defendants to so proceed. And there never has been any determination that the defendants have a “legal right (to use the name) unless and until the Court enters a superceding order.” To suggest that Mr. Reisman engaged in an outlawed act merely by his expression of the opinion that he “doubted that Messrs. Krieger and Manzarek would be able to perform under the Doors’ name in August 2005” evidences exactly the type of arrogance that compels the immediate issuance of the request Order.
5. The subject of a Perry Farrell performance with “The Doors of the 21st Century” on VH1 in August is reflected at the Perry Farrell website. The description is attached hereto as Exhibit 2, and presumably is the same performance referred to in Mr. Singer’s letter, attached hereto as Exhibit 1.
6. Plaintiffs renew their request that regardless of any subsequent hearing on the amount of money for which defendants are responsible to plaintiffs, the permanent injunction issue immediately.
7. I have personal knowledge of the matters set forth herein, and if called as a witness I would be, and am, competent to testify hereto.
Executed in Santa Monica, California this 9th day of June, 2005.
I declare under penalty of perjury that the foregoing is true and correct.
Signed.
S. JEROME MANDEL
EXHIBIT 1
Lavely & Singer
Professional Corporation
Attorneys At Law
Suite 2400
3045 Century Park East
Los Angeles, California 90067-3501
June 2, 2005
BY FAX:
Louis Resiman, Esq.
WEINSTOCK, MANION,
RESIMAN, SHORE & NEUMANN
1875 Century Park East, Suite 1500
Los Angeles, California 90067
Re: Robby Krieger and Ray Manzarek adv. John Densmore/Estates
Our File No: 3273-4 and 3273-10
Dear Mr. Reisman:
As you are aware, we are litigation counsel for Robert Krieger, Raymond Manzarek, Ian Astbury and Doors Touring Inc. We are writing with regard to your egregious and unlawful attempts to intentionally interfere with our clients’ valid contracts and economic expectancies.
On Tuesday, May 31, 2005, you, acting as agent for Weinstock, Manion, Reisman, Shore & Neumann, A Law Corporation, and as attorney for your clients George and Clara Morrison, spoke with musician and performer Perry Farrell with the clear intent of interfering with my clients’ economic rights and expectancies. You stated to Mr. Farrell, among other things, that an injunction was about to be entered against Messrs. Krieger and Manzarek prohibiting them from using the name, “The Doors” and that you doubted that Messrs. Krieger and Manzarek would be able to perform under the “Doors” name in August 2005. You then encouraged Mr. Farrell not to participate in the filming of an episode of the television program “Decades Rock Live” which was to feature my clients performing with Mr. Farrell. After the conversation with you, Mr. Farrell informed the television program’s producer of your statements, and the producer’s counsel informed our clients.
Your conduct constitutes a malicious and intentional attempt to deprive my clients of their legal rights, potentially exposing your clients, your law firm and yourself to a significant award of compensatory and exemplary damages. I am frankly shocked that an attorney of your experience would act so inappropriately and in a manner which places your clients and your firm in jeopardy.
As you are well aware, the Court had entered an Order which allows my clients to tour and promote themselves as “The Doors of the 21st Century” – a legal right my clients possess unless and until the Court enters a superceding Order. While the Court has served a Proposed Statement of Decision which contemplates a permanent injunction against Messrs. Manzarek and Krieger performing under any variation of the “Doors” name, the Court has not yet entered any such Decision, and it is incredibly presumptuous of you to assume that the Court will do so. The Court is clearly willing to entertain argument against the entry of a permanent injunction, as noted by the fact that the Court, over your clients’ vehement objections, has scheduled oral argument with regard to the Proposed Statement of Decision.
Your encouragement of Mr. Farrell to withdraw from the taping constitutes grossly unprofessional and unethical misconduct. Messrs. Krieger and Manzarek may perform whatever songs they like with whomever they like. Even a permanent injunction against Messrs. Krieger and Manzarek’s use of the “Doors” name would not prevent Messrs. Krieger and Manzarek from performing with Mr. Farrell. Your conduct indicates that the true intent of your clients and their co-Plaintiffs is not to protect their rights as defined by law but, instead, to maliciously and wantonly interfere with my clients’ ability to earn a living and express themselves artistically.
Consequently, on behalf of my clients, I hereby demand that you cease and desist from attempting to interfere with any of my clients’ contracts or economic expectancies. I further demand that you cease and desist from communicating in any manner with third parties with whom my client is conducting business. If even one promoter, venue, producer, guest artist or other third party cancels a performance because of your interference, my clients will not hesitate to file suit against your clients and your law firm for its interference.
You have been warned. This is a matter of the utmost seriousness. Your cavalier attitude toward your legal obligations and the Court’s Orders will not be countenanced.
Govern yourself accordingly.
Nothing contained herein is intended as, nor should be deemed to constitute, a waiver or relinquishment of any of my clients’ rights or remedies, whether legal or equitable, all of which are hereby expressly observed.
Sincerely.
Signed MARTIN D. SINGER
EXHIBIT 2
AINT NO RIGHT the Perry Farrell Website
VH1 Decades –
Perry’s Set
June 5th 2005
As previously reported, Perry will appear on the VH-1 Decades Doors Show, to be taped in early August.
Here’s the tentative Perry Set:
(Psychedelic Acoustic Segment)
People Are Strange w Perry Farrell (acoustic w Robby and Ray)
Crystal Ship w Perry Farrell (acoustic w Robby and Ray)
Touch Me w Perry Farrell (full band)
The final encore of Soul Kitchen will have everyone performing. The other guests are Macy Gray, Anitgone, Vanilla Fudge and Pat Travers plus Ian Astbury. Perry’s set is the final set before the encores.
VH1 DECADES: Perry Farrell
May 28, 2005
Perry will be performing a couple of songs with The Doors of the 21st Century at the VH1 taping of Decades at the Taj Mahal in Atlantic City in August. This news comes on the heels of the report that Perry will be producer including a recently unearthed Jim Morrison track “Woman in the Window” for Satellite Party.
www.aintnoright.com
Complaint Filed 2/4/03
Consolidated with Case No. BC294495
Assigned to Hon. Gregory Alarcon
FILED
LOS ANGELES SUPERIOR COURT
JUNE 10, 2005
JOHN A. CLARKE, CLERK
BY: L. ZULUETA, DEPUTY
SUPPLEMENTAL DECLARATION OF S. JEROME MANDEL
IN SUPPORT OF PLAINTIFF’S REQUEST THAT THE COURT
IMMEDIATELY ISSUE IT’S ORDER RE PERMANENT INJUNCTION
Date: June 16, 2005
Time: 8:30 a.m.
Department 36
S. JEROME MANDEL, SBN 51091
LILLY LEWIS, SBN 100999
MANDEL, NORWOOD, & GRANT
2001 Wilshire Boulevard, Suite 270
Santa Monica, California 90403-5627
Attorney’s for Plaintiff and Cross-Defendant
JOHN DENSMORE and
Plaintiffs COLUMBUS and PEARL COURSON
JEFFERY FORER, SBN 108310
HINOJOSA & WALLET
2215 Colby Avenue
Los Angeles, California 90064-1504
Attorney’s for Plaintiffs GEORGE MORRISON and CLARA MORRISON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
JOHN DENSMORE, individually and on behalf of California general partnerships
Comprised of John Densmore, the Estate of Jams Morrison, the Estate of Pam Courson,
Raymond Manzarek and Robert Krieger,
Plaintiff,
vs.
RAYMOND MANZAREK, an individual; ROBERT KRIEGER, an individual;
IAN ASTBURY, an individual; DOORS TOURING, INC., a California corporation;
And Does 1 through 20, inclusive,
Defendants.
AND RELATED CROSS-ACTION
PEARL COURSON, individually and as guardian ad litem for COLUMBUS COURSON, each on behalf of the DOORS MUSIC CO., a California general partnership and on behalf of THE DOORS, a California general partnership, and GEORGE MORRISON and CLARA MORRISON, each on behalf of the DOORS MUSIC CO., a California general partnership and on behalf of the DOORS, a California general partnership, and PEARL COURSON, individually and as guardian ad litem for COLUMBUS COURSON and GEORGE MORRISON and CLARA MORRISON, individually with respect to the seventh cause of action,
Plaintiffs,
Vs,
RAYMOND MANZAREK, ROBERT KRIEGER, IAN ASTBURY, THE DOORS
TOURING, INC., a California entity of unknown form, and DOES 1 through 500 inclusive,
Defendants.
I, S. Jerome Mandel, hereby declare as follows:
1. I am one of the counsel of record for Plaintiff’s in this action, on whose behalf a request was made recently that this Court immediately issue its Order re Permanent Injunction.
2. Defendants Manzarek and Krieger have embarked on yet another tour, performing as The Doors of the 21st Century. This is evidenced by the tour poster/admat appended to my prior declaration in support of Plaintiff’s Request for entry of an Order re Permanent Injunction. Plaintiff’s believe, and it seems rather obvious, that unless this Court issues an Order re Permanent Injunction, defendants will continue to use the name The Doors as part of the name of their touring band, capitalizing on the goodwill of a name not owned by them and which they have no right to use, both by virtue of contract law and partnership law. The matter has urgency because of the new Strange Days Festival Tour described in my prior declaration, which commenced on June 8.
3. Attached hereto as Exhibit 1 is a true and correct copy of a letter dated June 2, 2005 sent by Defendants litigation counsel to Louis Reisman, Esq. It is a perfect example of how defendants and their legal counsel flaunt the law, and perceive their supposed “right” to use the name The Doors. In the fourth full paragraph of the letter, in a tortured understanding of the Court’s prior rulings and the law in this State, defendants’ counsel makes clear the position of the defendants, and the fact that they have no intention whatsoever of altering their arrogant conduct. The paragraph states:
“As you are aware, the Court has entered an Order which allows my clients to tour and promote themselves as “The Doors of the 21st Century” – a legal right my client possesses unless and until the Court enters a superseding Order. While the Court has served a Proposed Statement of Decision which contemplates a permanent injunction against Messrs. Manzarek and Krieger performing under any variation of the “Doors” name, the Court has not yet entered any such Decision, and it is incredibly presumptuous of you to assume that the Court will do so. The Court is clearly willing to entertain argument against the entry of a permanent injunction, as noted by the fact that the Court, over your clients’ vehement objections, has scheduled oral argument with regard to the Proposed Statement of Decision.”
4. In fact, there never has been an order made by this Court that “allows” the defendants to call themselves The Doors of the 21st Century. There was an order denying a motion for preliminary injunction, but that does not serve as a judicial imprimatur for the defendants’ conduct. It merely allows the defendants to proceed at their own risk if they use the name. Furthermore, at the time of the Court’s ruling granting the Plaintiffs’ in limine motion on this very subject, the Court acknowledged that the denial of that earlier motion was not an Order “allowing” defendants to so proceed. And there never has been any determination that the defendants have a “legal right (to use the name) unless and until the Court enters a superceding order.” To suggest that Mr. Reisman engaged in an outlawed act merely by his expression of the opinion that he “doubted that Messrs. Krieger and Manzarek would be able to perform under the Doors’ name in August 2005” evidences exactly the type of arrogance that compels the immediate issuance of the request Order.
5. The subject of a Perry Farrell performance with “The Doors of the 21st Century” on VH1 in August is reflected at the Perry Farrell website. The description is attached hereto as Exhibit 2, and presumably is the same performance referred to in Mr. Singer’s letter, attached hereto as Exhibit 1.
6. Plaintiffs renew their request that regardless of any subsequent hearing on the amount of money for which defendants are responsible to plaintiffs, the permanent injunction issue immediately.
7. I have personal knowledge of the matters set forth herein, and if called as a witness I would be, and am, competent to testify hereto.
Executed in Santa Monica, California this 9th day of June, 2005.
I declare under penalty of perjury that the foregoing is true and correct.
Signed.
S. JEROME MANDEL
EXHIBIT 1
Lavely & Singer
Professional Corporation
Attorneys At Law
Suite 2400
3045 Century Park East
Los Angeles, California 90067-3501
June 2, 2005
BY FAX:
Louis Resiman, Esq.
WEINSTOCK, MANION,
RESIMAN, SHORE & NEUMANN
1875 Century Park East, Suite 1500
Los Angeles, California 90067
Re: Robby Krieger and Ray Manzarek adv. John Densmore/Estates
Our File No: 3273-4 and 3273-10
Dear Mr. Reisman:
As you are aware, we are litigation counsel for Robert Krieger, Raymond Manzarek, Ian Astbury and Doors Touring Inc. We are writing with regard to your egregious and unlawful attempts to intentionally interfere with our clients’ valid contracts and economic expectancies.
On Tuesday, May 31, 2005, you, acting as agent for Weinstock, Manion, Reisman, Shore & Neumann, A Law Corporation, and as attorney for your clients George and Clara Morrison, spoke with musician and performer Perry Farrell with the clear intent of interfering with my clients’ economic rights and expectancies. You stated to Mr. Farrell, among other things, that an injunction was about to be entered against Messrs. Krieger and Manzarek prohibiting them from using the name, “The Doors” and that you doubted that Messrs. Krieger and Manzarek would be able to perform under the “Doors” name in August 2005. You then encouraged Mr. Farrell not to participate in the filming of an episode of the television program “Decades Rock Live” which was to feature my clients performing with Mr. Farrell. After the conversation with you, Mr. Farrell informed the television program’s producer of your statements, and the producer’s counsel informed our clients.
Your conduct constitutes a malicious and intentional attempt to deprive my clients of their legal rights, potentially exposing your clients, your law firm and yourself to a significant award of compensatory and exemplary damages. I am frankly shocked that an attorney of your experience would act so inappropriately and in a manner which places your clients and your firm in jeopardy.
As you are well aware, the Court had entered an Order which allows my clients to tour and promote themselves as “The Doors of the 21st Century” – a legal right my clients possess unless and until the Court enters a superceding Order. While the Court has served a Proposed Statement of Decision which contemplates a permanent injunction against Messrs. Manzarek and Krieger performing under any variation of the “Doors” name, the Court has not yet entered any such Decision, and it is incredibly presumptuous of you to assume that the Court will do so. The Court is clearly willing to entertain argument against the entry of a permanent injunction, as noted by the fact that the Court, over your clients’ vehement objections, has scheduled oral argument with regard to the Proposed Statement of Decision.
Your encouragement of Mr. Farrell to withdraw from the taping constitutes grossly unprofessional and unethical misconduct. Messrs. Krieger and Manzarek may perform whatever songs they like with whomever they like. Even a permanent injunction against Messrs. Krieger and Manzarek’s use of the “Doors” name would not prevent Messrs. Krieger and Manzarek from performing with Mr. Farrell. Your conduct indicates that the true intent of your clients and their co-Plaintiffs is not to protect their rights as defined by law but, instead, to maliciously and wantonly interfere with my clients’ ability to earn a living and express themselves artistically.
Consequently, on behalf of my clients, I hereby demand that you cease and desist from attempting to interfere with any of my clients’ contracts or economic expectancies. I further demand that you cease and desist from communicating in any manner with third parties with whom my client is conducting business. If even one promoter, venue, producer, guest artist or other third party cancels a performance because of your interference, my clients will not hesitate to file suit against your clients and your law firm for its interference.
You have been warned. This is a matter of the utmost seriousness. Your cavalier attitude toward your legal obligations and the Court’s Orders will not be countenanced.
Govern yourself accordingly.
Nothing contained herein is intended as, nor should be deemed to constitute, a waiver or relinquishment of any of my clients’ rights or remedies, whether legal or equitable, all of which are hereby expressly observed.
Sincerely.
Signed MARTIN D. SINGER
EXHIBIT 2
AINT NO RIGHT the Perry Farrell Website
VH1 Decades –
Perry’s Set
June 5th 2005
As previously reported, Perry will appear on the VH-1 Decades Doors Show, to be taped in early August.
Here’s the tentative Perry Set:
(Psychedelic Acoustic Segment)
People Are Strange w Perry Farrell (acoustic w Robby and Ray)
Crystal Ship w Perry Farrell (acoustic w Robby and Ray)
Touch Me w Perry Farrell (full band)
The final encore of Soul Kitchen will have everyone performing. The other guests are Macy Gray, Anitgone, Vanilla Fudge and Pat Travers plus Ian Astbury. Perry’s set is the final set before the encores.
VH1 DECADES: Perry Farrell
May 28, 2005
Perry will be performing a couple of songs with The Doors of the 21st Century at the VH1 taping of Decades at the Taj Mahal in Atlantic City in August. This news comes on the heels of the report that Perry will be producer including a recently unearthed Jim Morrison track “Woman in the Window” for Satellite Party.
www.aintnoright.com