When I first read this piece in the January issue of Vanity Fair,, I thought it was a lampoon:
The Quaid Conspiracy
They’re spending nights in their car, on the run from the same shadowy cabal—“the Hollywood Star Whackers”—who may have killed Heath Ledger, possibly sabotaged Jeremy Piven, and could now be targeting Lindsay Lohan. No, this is not the plot of Oscar nominee and Golden Globe winner Randy Quaid’s latest movie. It is what he and his wife, Evi, swear is really happening to them. With the Quaids in Canada, the author probes their nightmare reality, which has alienated friends and family, and turned the couple into outlaws.
By Nancy Jo Sales•Photograph by Sam Jones
January 2011
As I read on, I realized that is is for real. Quaid and his wife apparently are convinced that his royalties and residuals have been diverted to someone else's bank account and that killers, who murdered Heath Ledger and David Carridine, are now pursuing them.
How paranoid are Quaid and his wife? Here's the lawsuit they filed in a California court last April. You be the judge.
Superior Court of California.
Los Angeles County
Randy QUAID, an individual, and Evi Quaid, an individual, Plaintiffs,
v.
Lloyd BRAUN, an individual, Berman-Braun, LLC, a California limited liability company, and Does 1-50, inclusive, Defendants.
No. BC 436446.
April 23, 2010.
Trial by Jury Requested
Complaint for Damages: 1. Breach of Fiduciary Duty; 2. Unfair Business Practices; and 3. Accounting
Law Offices of Michael S. Overing, APC, Michael S. Overing, Esq. SBN 143858, 251 S. Lake Avenue Suite 930, Pasadena, CA 91101, Telephone (626) 564-8600, Facsimile (626) 577-9400, Attorneys for Plaintiffs, Randy Quaid and Evi Quaid.
Plaintiffs Randy Quaid and Evi Quaid allege as follows:
1. Plaintiff Randy Quaid is, and at all times herein mentioned was, a resident of Los Angeles County, California. At all times relevant, plaintiff Randy Quaid is and was an actor.
2. Plaintiff Evi Quaid is, and at all times herein mentioned was, a resident of Los Angeles County, California. Plaintiff Evi Quaid is married to Randy Quaid. Plaintiff Evi Quaid sues in her own name to the extent of actions by defendants caused directly to her and also asserts her community property , rights as the wife of Randy Quaid for the actions described herein. Plaintiffs Randy Quaid and Evi Quaid are collectively referred to as “the Quaids”.
3. Plaintiffs are informed and believe and based upon such information and belief allege that defendant Berman-Braun, LLC, is a limited liability company duly organized and existing under the laws of the state of California, with its principal office located in Los Angeles County, California.
4. Defendant Lloyd Braun (hereinafter “Braun”) is, and at all times herein mentioned was, a resident of Los Angeles County, California. Plaintiffs are informed and believe and based upon said information and belief allege that Braun is an attorney licensed by the State Bar of California, and is or was a principal of co-defendant Berman-Braun, LLC.
5. As attorney for both Randy Quaid and Evi Quaid, Braun negotiated more than 25 professional contracts, home purchases, and other personal and business deals for the Quaids. Such business deals include, without limitation, starring roles for Randy Quaid in Days of Thunder, Christmas Vacation, and LBJ. Braun also represented Evi Quaid in entertainment contracts; and placement of Randy Quaid in advertising with Miller Brewing and AT&T. In addition to acting as the Quaids attorney, Braun also represented and managed Randy Quaid's career by becoming his business manager. Braun approached the Quaids at their hotel (The Beverly Hills Four Seasons on Doheny) to inform them of his new plans of making a career move to becoming a manager, and that thereafter he could better represent and promote Randy Quaid's career. As such Braun had direct access to all aspects of the Quaids' personal and business affairs, including the most confidential and intimate details of their private lives, including their living arrangements, travel accommodations, etc,
6. From the early 1990's to the present, Braun continues to have access to the Quaids' most confidential information, and he continues to receive money from them for his services. Among other services, Braun was to provide the Quaids with advice, negotiate contracts, and otherwise represent the Quaids. At all times Braun was to protect the Quaids' interests. Braun receives payments on behalf of Randy Quaid in connection with profit participation for prior work performed by Randy Quaid.
7. Braun was a confidant for both Randy Quaid and Evi Quaid. He was a frequent guest in their home. He played numerous rounds of golf with the Quaids. The Quaids believed they could trust him. Over the many years of their relationship, Braun negotiated numerous entertainment contracts for the Quaids. Braun set up corporations on their behalf, including without limitation, Bees N Honey, Inc., Ichor, Inc., and Trendline, Inc. Utilizing these corporate entities, and for reasons that are less than clear, Braun transferred assets into and out of the Quaids' names and into and out of the corporate entities' names. In addition, Braun represented the Quaids in the alleged “sale” of their Montecito, Santa Barbara County home to Bruce Berman. In every instance, Braun acted as a trusted advisor and confidant with access to the Quaids' most personal information.
8. Defendants Does 1 through 50, inclusive, are sued herein under fictitious names. Their true names and capacities are unknown to plaintiffs. When their true names and capacities are ascertained, plaintiffs will amend this complaint by inserting their true names and capacities. Plaintiffs are informed and believe and thereon allege that each of the fictitiously named defendants is responsible in some manner for the occurrences here alleged, and that plaintiffs' damages were proximately caused by those defendants.
9. Plaintiffs are informed and believe and thereon allege that at all times mentioned, defendants Does 1 through 50 were agents, servants, and employees or co-conspirators of their co-defendants, and in doing the things hereinafter alleged were acting in the scope of their authority as agents, servants, and employees, or co-conspirators, and with the permission and consent of their co-defendants.
10. Throughout his acting career, Randy Quaid has performed in numerous feature motion pictures, films, television shows, theatrical plays, and other public performances. Randy Quaid is an Oscar nominee, a Golden Globe winner and two time Golden Globe nominee, and a three-time Emmy nominee. He has received high accolades for his work in films such as The Last Detail, Days of Thunder, Ice Harvest, Midnight Express, Broke Back Mountain, Ice Harvest, Goyas, Ghosts, Real Time, Parents, Independence Day, and King Pin, among others. He has appeared in notable television roles, including his Golden Globe performance of his portrayal of LBJ (Lyndon Baines Johnson) for NBC and his Golden Globe nominated performance of his portrayal of Colonel Tom Parker for CBS. He has recorded with numerous artists and in many different venues, and is readily recognizable to the public as an actor, artist, and celebrity.
11. As an attorney and business manager of Randy Quaid, Braun owed the Quaids' fiduciary duties to make the fullest disclosure of all material facts concerning the management and operations of Randy Quaid's career, contracts, the various business entities, to keep accurate and true books, records and accounts of the businesses, and to act with integrity and honesty in his position of authority. As a fiduciary, Braun owed the Quaids a duty of the utmost fidelity and loyalty, and to protect the Quaids. In his fiduciary capacity, Braun has a duty to act in the utmost good faith toward the Quaids, including not taking actions that are antithetical to the Quaids' interests.
12. In exchange, Braun agreed to be paid on a commissionable basis, such that he continues to receive moneys for work performed on behalf of the Quaids. The Quaids have demanded that Braun provide them with copies of their files, accountings for earnings and profit participation from commissionable activities, and an explanation of what they are owed. The Quaids have demanded that Braun account to them for these earnings, commissions, and profits, both verbally and in writing.
13. Despite these aforementioned demands which were made in both writing and verbally, Braun has failed and refused to provide the requested files, accounting, and documents. In fact, he refuses to respond to the Quaids' inquiries whatsoever.
FIRST CAUSE OF ACTION (BREACH OF FIDUCIARY DUTY AGAINST DEFENDANT BRAUN)
14. Plaintiffs incorporate by reference, as though set forth in full herein, each and every allegation contained in paragraphs 1 through 13, inclusive.
15. As their attorney and business manager, Braun owes the fiduciary duties of loyalty and care to the Quaids. These duties must be discharged, and any rights exercised, consistently with the obligation of good faith and fair dealing. An attorney and business manager is required to act in the highest good faith and may not seek to obtain any advantage in professional or business affairs by the slightest misconduct,misrepresentation, concealment, threat, or adverse pressure of any kind. The duty of loyalty requires an attorney and business manager to account to the Quaids for, and hold as trustee, any property, profit, or benefit obtained in the conduct of professional services or the management and operation of the business, or derived from the use of business property, including the appropriation of a business or commercial opportunity. An attorney and business manager's duty of care requires that Braun refrain from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law in conducting professional services or business on the Quaids* behalf.
16. As the Quaid's attorney and business manager, Braun has a continuing fiduciary duty to the Quaids. Braun has breached that fiduciary duty in the following particulars:
a) Taking and promoting positions that are harmful to Randy Quaid' s name, image, likeness and career, including such acts as engaging in gossip-mongering concerning Randy Quaid;
b) Appropriating Randy Quaid's commercial opportunities to himself and for his personal gain, including entering into advertising agreements on Braun's own behalf with commercial sponsors known to Braun to sponsor Randy Quaid.
c) Failing to maintain and protect the Quaids' files and contracts; making these files and contracts available to others without the Quaids' knowledge or permission; and/or releasing, disposing of or destroying the files and contracts without notice to or authorization by the Quaids;
d) Failing to provide the Quaids with copies of their files and contracts upon reasonable request;
e) Failing to provide an accounting to the Quaids for money received on their behalf and to identify commissions earned and payments received by Braun;
f) Failing to monitor, audit or verify profits earned on behalf of Randy Quaid from the various contracts negotiated on Randy Quaid's behalf and to account for same at any time.
g) Failing to respond to the Quaids' reasonable requests for information regarding their contracts, corporations, profits and losses, all of which information was in Braun's possession.
17. Berman-Braun, LLC maintains a website at www.wonderwall.com. The website includes photographs of Randy Quaid, mentions Quaid by name, and contains considerable editorial content about Quaid. Plaintiffs are informed and believe and based upon such information and belief allege that the depictions of Quaid are motivated solely by defendants' personal gain in order to sell the site and obtain advertising revenue. This conclusion is supported by the legitimate inference that the reason defendants used Quaid's name and his photographs, and the names of other actors, was to appropriate the commercial advantage and provide Berman-Braun, LLC with traffic from search engines for use in generating advertising revenue. Defendants had no oral or written permission from the Quaids to use the name, image or likeness of Randy Quaid or the pictures of Randy Quaid on the website.
18. Independently, these actions also violate Braun's obligations under California Rules of Professional Responsibility Rule 3-310E as well as Business & Professions Code §6068.
19. As a direct and proximate result of defendants' wrongful conduct as alleged herein, the Quaids have been injured in an amount to be determined at time of trial.
20. Defendants' acts alleged above were willful, wanton, malicious, and oppressive, were undertaken with the intent to defraud, and justify the awarding of exemplary and punitive damages.
SECOND CAUSE OF ACTION (UNFAIR BUSINESS PRACTICES-AGAINST ALL DEFENDANTS)
21. Plaintiffs incorporate by reference, as though set forth in full herein, each and every allegation contained in paragraphs 1 through 20, inclusive.
22. In doing the things alleged herein, defendants, and each of them, were engaged in and continue to engage in unfair business practices within the meaning of that phrase under Business and Professions Code section 17200.
23. The Quaids are entitled to a disgorgement of all profits wrongfully obtained by defendants, and each of them, in the pursuit of these unfair business practices.
24. The Quaids are entitled to an injunction of this Court to prevent defendants, and each of them, from engaging in these unfair business practices.
THIRD CAUSE OF ACTION (ACCOUNTING AGAINST ALL DEFENDANTS)
25. Plaintiffs incorporate by reference, as though set forth in full herein, each and every allegation contained in paragraphs 1 through 24, inclusive.
26. Defendants are in possession of files, business books, assets, accounts and records, real estate and financial transaction records, including without limitation 1355 E. Mountain Drive, Montecito, and 14421 Evans Road, Pacific Palisades, and have made no accounting to the Quaids of the income or disbursements, or of the net profits or losses realized by the business since the commencement of the business to the present time. The conduct of defendants was wrongful, in that it was in violation of the business agreement and was a breach of defendants' fiduciary duties of loyalty and care to the Quaids,
27. To date defendants have made no accounting of the business to the Quaids. Plaintiffs have has made repeated demands on defendants for an accounting, but defendants have failed, refused, and neglected to make the same, and continues to fail, refuse, and neglect to do so.
WHEREFORE, plaintiffs pray judgment against defendants, and each of them, as follows;
On the First Cause of Action:
1. For compensatory damages in an amount to be determined at time of trial;
2. For punitive damages in an amount to be determined at time of trial.
On the Second Cause of Action:
3. For disgorgement of all wrongfully obtained profits;
4. For an injunction to prevent future acts of unfair business practices by defendants.
On the Third Cause of Action:
5. For a full and complete accounting;
6. For a judgment in favor of plaintiffs and against defendants Braun and Berman-Braun, LLC for the amount found to be due under that accounting.
On All Causes of Action:
7. For costs of suit incurred herein;
8. For such other and further relief as this Court deems just and proper;
Dated: April 23,2010
Law Offices of Michael S. Overing, APC
Michael S. Overing, Esq.
Attorneys for Plaintiffs
Randy Quaid and Evi Quaid
END OF DOCUMENT
If Quaid has suffered a mental meltdown, that's a real shame. He is a terrific actor, as ˙is many films confirm:
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