Legal Question in Business Law in California

Film Production - one partner withholding jointly owned items

I am a co producer of a documentary almost completed. My co producer defaulted on an original agreement to start work on the completion in January, and had his sister take possession of our co- owned editing system and all original DV tapes,supposedly for just a few weeks until he could return to LA (I was going to NJ to spend a few months with my daughter, I am still here in NJ). After many inquiries, my co producer kept delaying his return to LA, and the system and tapes were sitting at his sister's in Pasadena for months. Now, he has suddently informed me that the DV tapes and other crucial items are missing, and his sister is saying I never gave them to her when she picked up the system. I had sent my co producer a check list just a few hours before the pick up took place, and when his sister came to my place I showed her all the items. She then removed them from my care. In March I wrote to his sister inquiring on the status of the equipment and sending her a copy of the check list. She never responded. After months of emailing and calling, my co producer has been very vague, I said I wanted to retrieve the system. he is not responding, and won't answer me when I ask where the system is? what can I do about all this


Asked on 7/25/06, 11:18 pm

4 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Film Production - one partner withholding jointly owned items

You have grounds for a dissolution of partnership with an accounting, conversion, breach of contract, intentional misrepresentation, and fraud. Call me directly at 16192223504.

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Answered on 7/27/06, 2:30 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Film Production - one partner withholding jointly owned items

Litigation may be necessary to have the tapes returned to you. Yes, there may be problems of proof, but they are not insurmountable; it is also possible that a lawsuit or a threat of a lawsuit will resolve matters, although that of course is unknown.

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Answered on 7/26/06, 1:24 pm
Terry A. Nelson Nelson & Lawless

Re: Film Production - one partner withholding jointly owned items

Whatever your provable facts may be, your remedy is a lawsuit if you can't reach an agreement. Talk to an experienced attorney about the facts and costs of suit. Contact me if interested in doing it right.

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Answered on 7/27/06, 8:42 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Film Production - one partner withholding jointly owned items

You Have Got To Be Kidding Me. With DV there is absolutely no excuse for not having two exact digital copies of your raw footage in different safe deposit boxes as soon as you finish each day's shooting. You could sue your former co-producer and/or his sister, but I suspect you are also lacking in written proof such as a written agreement between you and your co-producer. Maybe your homeowners or renters insurance will cover your theft claim (for the value of the equipment and blank DV tape). Maybe you will get very lucky, win your lawsuit, and his or her insurance will pay. More likely nobody has any insurance and you can't prove a thing in court -- did you ever think of turning the camera around to face your own equipment, filming it for insurance / inventory purposes, to prove you had the equipment?. Maybe a demand letter on attorney letterhead addressed to the co-producer and sister would help. Also, file a police report without delay with the nearest police department. I hope you have learned a painful lesson, and I hope you don't have to wait on tables to buy your next DV editing system.

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Answered on 7/26/06, 12:02 am


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