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KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP
GREGORY
J.
ALDISERT (SBN 115334)
[email protected] , -.-?
-
7/25/2019 SGP Entertainment v. BK Prods - Hanna Swenson Mysteries complaint.pdf
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Plaintiff SGP Entertainment
dba
Stephanie
Germain
Productions alleges as follows:
INTRODUCTION
1.
This
case
arises outof failure ofone
producing
partner
(Bradley
Krevoy) to honor
his
contractual
obligations
to
another producing
partner (Stephanie
Germain)
in
connection
with
the
development and production oftelevision motion pictures based on the Hannah Swensen
Mystery book series. Three
Hannah
Swensen films, known as Murder, She
Baked
titles, have
already aired
on
the Hallmark
Movie
and Mystery channel. Krevoy has repeatedly breached
his
contractual obligation
to
reach agreement with
Germain
on
all creative and business
decisions,
and
Krevoy has
frequently functioned as ifhe
has
no producing partner at
all.
Krevoy has
kept
Germain in the dark on many issues and has failed to provide complete
accountings
to Germain.
Because Krevoy's breaches
are
on-going and the production ofadditional films is
also
on-going,
Germain
seeks
to enforce her contractual
rights
regarding the films already
made,
to obtain a
complete accounting ofmonies in connection with all films
and to
obtain declaratory
relief
as to
her
rights
and Krevoy's obligations on
future productions.
THE
PARTIES
2. Plaintiff SGP
Entertainment
dba
Stephanie Germain Productions ( Germain
Productions ) isaCalifornia corporation
with its
principal
place
ofbusiness
located
in
Los
Angeles County,
California.
Stephanie Germain is the owner ofGermain Productions. She
has
extensive
experience in
the
television industry as
a
producer, executive
producer
and co-owner
for
20
years.
Germain's productions include over 25 movies
for
television
or
mini-series, and an
Emmy
Award nomination. In addition,
she
co-produced the Showtime
television
series Jeremiah
and
was
an executive producer
on the Roland
Emmerich motion
picture
The
Day After Tomorrow.
Plaintiff will referto Germain Productions and Stephanie Germain collectively as Germain
unless separately designated.
3. Plaintiffs are informed and believe that Defendant BK Productions LLC ( BK
Productions ) isa
suspended
California limited liability company
with its principal place
of
business located in Los Angeles County, California.
11073.00002/334700.6
1
COMPLAINT
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13.
Krevoy was to be responsible for all costs associated
with
procuring the rights,
financing
the
development and production of
the
Project and
forming
and operating
the
Company.
Agreement, \ 5. As for
overhead,
the
parties agreed
neither
of
them shall be entitled to
charge
percentage
overhead or other flat overhead to the cost
of
production
or
otherwise as recoupable
expense, but mutually approved actual overhead costs shall
be allowable.
Agreement,
\ 5.
Krevoy could recoup allowable
overhead
costs out
of
the
approved budget
and profits
from the
Project so
long
as
they
were reasonable
and
approved by
Germain. Id.
14. The Agreement provided: [Germain] shall
have final
approval over the terms of
any producing
services Stephanie Germain
provides
in
connection with the Project,
including
without
limitation, extent of services, location of services, and exclusivity.
Agreement,
\ 3.
15.
Under
the Agreement,
each
party was to receive production company credits
and
logo
credits and
Germain
and Krevoy would
receive
separate card
executive producer credits.
Agreement,
\
8.
16.
Pursuant to the Agreement, Krevoy and Germain were specifically
obligated to
comply with Paragraph 7
as
follows: The terms ofthis Agreement apply
solely to
the
first three
MOW's
comprising
the
Project, and
if
there are any further productions proposed or
contemplated
based
on
the Books, the parties will negotiate
in
good
faith
as to
applicable
terms,
and if
they do
not
reach agreement,
then
neither party shall be entitled
to
proceed
with any further production(s) based on the Books.
Id.
17. Pursuant to the
Agreement,
Germain and Krevoy agreed to form a
California
limited
liability
company called
Swensen
Productions LLC ( Swensen ). Krevoy sent a proposed
written
operating
agreement.
Germain's counsel
provided comments to
the
agreement,
but the
parties
never
reached
agreement on
all
material terms
and
no operating agreement
was
ever
signed.
Krevoy caused Swensen to be formed as a
Louisiana
limited liability corporation with
Krevoy and Germain as 50-50 owners.
B. The Agreements With Crown Media
18.
Onbehalfof Swensen, Krevoy negotiated an
agreement
with
Crown
Media dated
as of
April 2, 2014 whereby Swensen agreed to develop three
teleplays based on the Hannah
11073.00002/334700.6 4
COMPLAINT
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7/25/2019 SGP Entertainment v. BK Prods - Hanna Swenson Mysteries complaint.pdf
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SPG
Ente r t a inmen t v.
BK
Produc t ions , e t
a l .
casenumber
Civil
Case
Cover Sheet
Category No.
Business Tort (07)
Civil Rights (08)
Defamation (13)
Fraud (16)
Professional Negligence (25)
Other (35)
Wrongful Termination (36)
Other Employment (15)
Breach of Contract/ Warranty
(06)
(not insurance)
Collections (09)
Insurance Coverage (18)
Other Contract (37)
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (26)
Unlawful Detainer-Commercial
(31)
Unlawful
Detainer-Residential
(32)
Unlawful Detainer-
Post-Foreclosure
(34)
B
Type of Action
(Check only one)
I I
A6029
Other
Commercial/Business
Tort
(not
fraud/breach
of
contract)
I I
A6005 Civil Rights/Discrimination
I IA6010
Defamation (slander/libel)
I I
A6013
Fraud
(no
contract)
| I A6017 Legal Malpractice
I I
A6050
Other Professional Malpractice
(not
medical or
legal)
I I
A6025 Other Non-Personal Injury/Property
Damage
tort
I IA6037 Wrongful Termination
I I
A6024 Other Employment
Complaint
Case
I I
A6109
Labor
Commissioner Appeals
A6004 Breach ofRental/Lease
Contract
(not unlawful detaineror
wrongful
eviction)
I I
A6008 Contract/Warranty
Breach -Seller
Plaintiff (no
fraud/negligence)
I I
A6019
Negligent Breach of
ContractA/Varranty (no fraud)
I x I
A6028 Other Breach
ofContractA/Varranty
(not fraud
or
negligence)
I I
A6002
Collections Case-SellerPlaintiff
I I
A6012
Other Promissory
Note/Collections Case
i I
A6034 Collections Case-Purchased Debt (Charged
Off
Consumer Debt
Purchased
on
or
after
January 1,
2014)
I I
A6015 Insurance Coverage (not complex)
I I A6009 ContractualFraud
I I A6031 TortiousInterference
I , I
A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)
I IA7300 Eminent
Domain/Condemnation
Number of parcels
I I
A6023 Wrongful Eviction Case
I I
A6018
Mortgage
Foreclosure
I I
A6032
QuietTitle
I i A6060 Other Real Property (not
eminent
domain,
landlord/tenant,
foreclosure)
I I
A6021 Unlawful
Detainer-Commercial (not drugs or wrongful eviction)
I I
A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)
i i
A6020F
Unlawful Detainer-Post-Foreclosun
Unlawful Detainer-Drugs (38) I [ A6022 Unlawful Detainer-Drugs
C Applicable
Reasons - See
Step
3
Above
1.,3.
1.,2.,3.
1..2..3.
1 , 2 , 3 .
1., 2., 3.
1. .2 . .3 .
2,3.
1. ,2 . ,3 .
12. ,3 .
10 .
2 , 5 .
2., 5.
1. ,2 . ,5 .
1 , 2 , 5 .
2., 5., 6, 11
2., 5, 11
5, 6, 11
1. ,25. , I
1..2..3.,
5.
1.,
2.,3
5.
1 .. 2, 3 ,
8.
2 ,6 .
2., 6.
2., 6.
2., 6.
2., 6.
2., 6.
2., 6.
2., 6.
LACIV
109 (Rev 3/15)
LASC Approved 03-04
CIVIL CASE
COVER SHEET ADDENDUM
AND
STATEMENT OF LOCATION
Local
Rule
2. 3
Page
2 of 4
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7/25/2019 SGP Entertainment v. BK Prods - Hanna Swenson Mysteries complaint.pdf
19/20
short title: SPG Ente r t a inmen t
v. BK
Product ions, e t
a l .
CASE NUMBER
A
Civil Case
Cover
Sheet
CategoryNo.
B
Type of Action
(Checkonlyone)
C
Applicable
Reasons - See Step 3
Above
Asset Forfeiture (05)
I.
. J
A6108
Asset
Forfeiture
Case
2 ,6 .
1
>
Petition
re
Arbitration (11)
\_3 A6115
Petition to Compel/ConfirmA/acate Arbitration
2 , 5 .
cc
75
.5
Writ
ofMandate(02)
I 1
A6151 Writ
-Administrative Mandamus
I ...J A6152 Writ -Mandamus
on
Limited Court
Case
Matter
2. , 8.
2.
3
->
c
o
co
O )
3
X
V>
E
o
O
,> .
75
c
o
i2
'>
g
Q .
I 1
A6153
Writ
-Other
Limited Court Case
Review
2.
OtherJudicial
Review (39)
iZZI A6150
Other
Writ/Judicial
Review
2 ,8 .
Antitrust/Trade Regulation (03)
I I
A6003
Antitrust/Trade
Regulation
1 ,2 . ,
8.
Construction Defect
(10)
I I A6007
Construction
Defect
1. ,2
3.
Claims
Involving
Mass Tort
(40)
I I
A6006 Claims
Involving
Mass
Tort
1.,2.,8.
Securities
Litigation
(28)
I I
A6035 Securities
Litigation Case
1.,2.,8.
Toxic Tort
Environmental (30)
I ,
,.l A6036 Toxic
Tort/Environmental
1. ,2 . ,3 . ,8 .
InsuranceCoverage Claims
from
Complex
Case (41)
I 1A6014 Insurance
Coverage/Subrogation
(complex case only)
1., 2.,5.,8.
I I
A6141
Sister State Judgment
2., 9.
0) o>
I I A6160
Abstract
ofJudgment
2., 6.
E
g-g'
S3
Enforcement
of Judgment (20)
I 1A6107 Confession of Judgment (non-domestic relations)
I 1A6140
Administrative
Agency Award (not unpaid taxes)
2., 9.
28.
ut
o
| 1
A6114
Petition/Certificate
for
Entry of
Judgment
on Unpaid Tax
2 ,8 .
CO
I 1
A6112 Other Enforcement
of Judgment Case
2., 8., 9.
RICO (27)
I I
A6033
Racketeering
(RICO) Case
1.,2.,
8.
O CO
It
I I
A6030
Declaratory
Relief
Only
1. .2 . .8 .
iS
e
o
v
Other Complaints
(Not SpecifiedAbove)(42)
| 1A6040 Injunctive Relief Only (not domestic/harassment)
L_J A6011
Other Commercial
Complaint Case
(non-tort/non-complex)
2., 8.
1..2.. 8.
I 1A6000 Other Civil Complaint (non-tort/non-complex)
1.,2.,
8.
[S,?
Partnership Corporation
Governance (21)
\Z3
A6113
Partnership and Corporate Governance Case
2 ,8 .
CZH
A6121
Civil
Harassment
2. ,3 . ,9 .
v l
t o ns
i I
A6123 Workplace Harassment
2., 3., 9.
Other Petitions (Not
SpecifiedAbove)(43)
1
A6124 Elder/Dependent
Adult
Abuse
Case '
I A6190 Election Contest
23. ,9.
2.
~ ~J
A6110
Petition
for
Change of Name
2., 7.
1A6170 Petition
for
Relief
from
Late Claim Law
2., 3., 4., 8.
,' '>
I A6100 Other
Civil Petition
2. , 9.
LACIV
109 (Rev 3/15) Cl>
LASC Approved 03-04
/ILCASECOVER SHEET
ADDENDUM
Loc
AND
STATEMENT
OF LOCATION
F
al Rule
2. 3
'age 3 of 4
-
7/25/2019 SGP Entertainment v. BK Prods - Hanna Swenson Mysteries complaint.pdf
20/20
short
title: spg Entertainment v. BK Productions, et al,
CASE
NUMBER
Item
III.
Statement of Location: Enter
the
address of the accident,
party's
residence or
place
of business,
performance
or
other
circumstance
indicated in
Item
II.,
Step 3
on
Page
1, as the
proper reason for
filing in the
court
location
you selected.
REASON:
Check
the appropriateboxes forthe numbers shown
under Column Cfor the typeofaction that you haveselected for
t h is c a s e.
l .E2 .n3O4O5O6O7O8O9Ol0 .C]11
address
10635
Santa Monica
Blvd Suite
180
CITY:
Los Ang e l e s
STATE:
CA
ZIP
CODE:
9 0 0 2 5
Item
IV.
Declaration ofAssignment. Ideclare under
penalty
of perjury under
the
laws of
the
State of California that the foregoing
is
true
and correct and that
the
above-entitled
matter is
properly
filed for assignment to the
Central courthouse
in
the
Los
Anqeles District of the Superior Court of California, County of Los Angeles
[Code
Civ. Proa, 392 et seq., and Local
Rule2.3, subd. (a).
Dated:
02 / 04 / 1 6
SIGNATURE OF ATTORNEY/FILING PARTY
Gregory J. Aldisert
COMMENHCEVYOTul SeWCOURT
CASE C0MPLETED
AND READY T0 BE FILED '* ER PROPERLY
1.
2.
3.
4,
5.
6.
Original Complaint or Petition.
If
filing
aComplaint, a
completed Summons form for
issuance by
the Clerk.
Civil Case
Cover
Sheet, Judicial Council
form
CM-010.
03/15)aSe
CVer
Sh6et
Addendum
and statement of
Location
form, LACIV 109, LASC Approved 03-04 (Rev.
Payment in
full
of the filing fee, unless fees have beenwaived.
Asigned
order
appointing the Guardian
ad
Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a
minor
under
18 years ofagewill be
required by
Court
in order
to issue a summons.
mncJhSf
P fS,f doc eunts t0
be conformed by the
Clerk. Copies of the
cover
sheet
and
this addendum
must be served along
with
the summons and complaint, or
other initiating pleading
in the case.
LAOIV'hOg (Rev3/15)
CIVIL CASE COVER SHEETADDENDUM
Local Rule 2. 3