Doc)DLSE - Talent Agency Cases
Revised: 10/17/07
Subpoena Duces Tecum (FOR TALENT AGENT CASES ONLY) ( Doc)
| TAC No. | Date Issued |
Title | Issues |
| 06-05 (doc) |
9/27/07 | William Morris Agency, LLC, a Delaware limited liability company vs. Dan O’Shannon, an individual, Atomic Television, Inc., a purported corporation | Talent Agency sues artist for unpaid commissions. Executive Producer/Showrunner and Consulting Producer for “Frasier” considered an “artist” under the Talent Agencies Act. Finding that implied contract existed between parties despite artist not signing written contracts presented to him by his talent agency. Finding that one year statute of limitations applies to a breach of a talent agency contract. |
| 53-05 | 8/27/07 | Daniel Browning Smith vs. Chuck Harris aka Oaky Miller, an individual; and Visual Arts Group, an entity of unknown form | Unlicensed manager procured employment on behalf of artist in violation of the Talent Agencies Act. Distinguished case from Chinn v. Tobin, TAC 17-96, which held that a person or entity who employs an artist does not procure employment within the meaning of Labor Code §1700.4 by directly engaging the services of the artist. Held that Respondent failed to prove that he was acting as producer, creative consultant or Petitioner’s “employer” on those engagements procured for Petitioner. Discussion of Church v. Brown, TAC 52-92, and Humes v. Margil Ventures, Inc., TAC 19-81. Brief discussion of the doctrine of severability of contracts. |
| 19-05 | 7/30/07 | Raymond Cham, an individual; and Last Man Standing, Inc., a California corporation vs. Spencer/Cowings Entertainment, LLC, a California corporation; Demetrius Spencer, an individual; and Everett Cowings, an individual | Unlicensed manager attempted to procure and procured employment on behalf of artist in violation of the Talent Agencies Act. Brief discussion of the doctrine of severability. |
| 14-06 | 5/4/07 | Catherine Barker, an individual vs. Le Paws | Dog trainer is not considered an "artist" under the Talent Agencies Act |
| 13-06 | 4/9/07 | Leslie Redden vs. Candy Ford Group | Unlicensed out-of-state talent agency procured employment for California model in California in violation of the Talent Agencies Act. Disgorgement and accounting ordered. |
| 40-05 | 3/6/07 | Nancy Sweeney, on behalf of Connor Sweeney and Erlin Sweeney, Minors. Vs. Penelope Lippincott dba Finesse Model Management | Unlicensed modeling agency failed to establish that it was exempt from coverage under the Act as a “production company” that directly employed models. Evidence established that agency promised to procure employment for the models in violation of the Act. Fees paid by models for photo shoot and workshop were illegal. Statute of limitations prevented recovery of fees but models are entitled to penalties under 1700.40 since the demand for reimbursement was timely. |
| 39-05 | 2/6/07 | Benjamin Patterson vs. Black Orchid Entertainment, James Ward | Artist failed to meet his burden of proving that Manager attempted to procure employment or engagements for him in violation of the Talent Agencies Act. Manager was working at the request of and in conjunction with a licensed talent agent. |
| 22-05 | 12/31/06 | Lenhoff Enterprises, Inc. dba Lenhoff & Lenhoff vs. Anthony Palmieri, an individual, and EXP Productions, Inc. a California corporation | Licensed talent agent entitled to commissions on employment where contract negotiations commenced within 4 months of termination of the talent agency agreement, per terms of agreement; no commissions due on next season where employment was pursuant to separate contract. |
| 43-04 | 11/7/06 | Golden Brooks, an individual vs. Rick Ax, an individual and dba Rick Ax Management, a sole proprietorship; Lori Coats, an individual | Petitioner/Artist failed to meet her burden of proving that Respondent/Individual Manager violated the Talent Agencies Act. |
| 46-05 | 10/30/06 | The Stein Agency vs. James Tripp-Haith, an individual | Action filed by Talent Agency against Artist for unpaid commissions; Oral contract; Discussion of California Code of Regulations, Title 8, Sections 12001 and 12002; Reliance on Beyeler v. William Morris Agency, Inc., TAC 32-00. |
| 38-05 | 7/11/06 | Nathaniel Stroman (pka Earthquake) vs. NW Entertainment, Inc., dba New Wave Entertainment as successor in interest to Barry Katz Management, Inc. | Statements made by personal manager in pleadings filed in Superior Court against artist constitute admissions of procurement in violation of the Talent Agencies Act since manager was not licensed as a talent agent; Statute of Limitations. |
| 27-04 | 7/22/05 | Maureen McDonald, pka Mozella vs. Peter Torres, individually and dba Peter Torres Management | Petitioner artist failed to meet her burden of proving that unlicensed manager procured engagements in violation of the Talent Agencies Act |
| 17-03 | 4/25/06 | Michael Raymond James, an individual vs. Thompson Management, an unincorporated association | Labor Commissioner declined to assert jurisdiction over unlicensed out-of-state personal manager who allegedly attempted to procure work for artist in California on one occasion by telephone or fax; Breuer v. Top Draw Entertainment, Inc., (1996) TAC 18-95 distinguished; Petition dismissed. |
| 31-01 | 2/3/06 | Aisha Tyler, an individual, vs. Laugh Factory Management, a business entity of unknown form, and Jamie Masada, an individual | Unlicensed talent agency acted in procuring engagements; issues of credibility of documentary evidence provided at hearing; personal management contract void ab initio; award of restitution to petitioner. |
| 35-04 | 12/30/05 | Jamie Jones, an individual; Delouis Kennedy, an individual; Tony Borowiak, an individual; and Alfred Nevarez, an individual vs. The La Roda Group, Barrett La Roda and Harold Haraman | Unlicensed managers procured employment for artists directly and by the use of Ahip pocket@ unlicensed talent agents. Procurement was neither at the request of or in conjunction with a licensed talent agent. Management agreement deemed void ab initio. Consequently, respondents not entitled to recovery of any commissions or expenses owed under the agreement. Respondents ordered to provide petitioners with an accounting of all amounts collected in gross fees for the year prior to the filing of the petition. Respondents also ordered to reimburse petitioners for all such gross fees that have not been paid out to petitioners, with interest at 10% per year from the date any such fees were collected by respondents, to the date of the determination. |
| 14-05 | 11/22/05 | Lauel Suess, as guardian ad litem Martina Suess, a minor vs. Penelope Lippincott, an individual dba Finesse Model management aka Finesse Models | Unlicensed modeling agency failed to establish that it was exempt from coverage under the Act as a "production company" that directly employed models. Evidence established that unlicensed agency never became the direct employer of the models and that it offered to procure employment for models with third parties in violation of the Act. All contracts and agreements were void ab initio. Fees paid by model for photo shoot, portfolio and attendance at workshop were illegal and ordered reimbursed. Provisions of the Advance-Fee Talent Services Act (LC 1701 – 1701.20) are not enforceable by the Labor Commissioner |
| 16-05 | 11/22/05 | Leonor F. Tiongson vs. Penelope Lippencott, an individual dba Finesse Model Management aka Finesse Models | Unlicensed modeling agency failed to establish that it was exempt from coverage under the Act as a "production company" that directly employed models. Evidence established that unlicensed agency never became the direct employer of the models and that it offered to procure employment for models with third parties in violation of the Act. Fees paid by model for photo shoot, portfolio and attendance at workshop were illegal and ordered reimbursed. Agreement was void ab initio. Provisions of the Advance-Fee Talent Services Act (LC 1701 – 1701.20) are not enforceable by the Labor Commissioner |
| 18-05 | 11/22/05 | Virginia Mylenki vs. Penelope Lippencott, an individual dba Finesse Model Management aka Finesse Models | Unlicensed modeling agency failed to establish that it was exempt from coverage under the Act as a "production company" that directly employed models. Evidence established that unlicensed agency never became the direct employer of the models and that it offered to procure employment for models with third parties in violation of the Act. Fees paid by model for photo shoot, portfolio and attendance at workshop were illegal. While agreement was void ab initio, statute of limitations prevented recovery by model. Provisions of the Advance-Fee Talent Services Act (LC 1701 – 1701.20) are not enforceable by the Labor Commissioner |
| 41-03 | 10/28/05 | Annie Danielewski, professionally known as Poe vs. Agon Investment Company, successor in interest to Agon Investment Partners, LP; and Robert Edsel | Talent Agencies Act does not preclude contractual right to repayment of loan amounts not used or intended to be used as a source of payment for unlicensed talent agent's fees for representation. However, interest is not permissible as such could simply be a substitute for impermissible commissions for unlicensed agent's services. Other related agreements were void ab initio. Statute of limitations bars any claim for restitution by petitioner under these Agreements |
| 24-02 | 07/19/04 | Phillip B. Gittelman vs. Daryl Karolat, aka Tyler Mane | Appearances at comic book conventions and retail stores to sign autographs and speak with attendees, and appearances as a guest on a talk show does not mean the artist is acting or otherwise performing professional services as an "artist" within the meaning of Labor Code § 1700.4(b); a violation of the Talent Agency Act that occurs during the initial term of a contract does not make any subsequent renewals or extensions unenforceable, at least to the extent that commissions sought under the subsequent renewals or extensions are based upon employment contracts entered into subsequent to the first renewal or extension becoming effective |
| 4-02 | 01/22/03 | Edgar Francisco Jimenez Garcia vs. Piedad Bonilla, an individual dba Pinata Productions and Management | A court's final judgment in favor of "personal manager" against an artist for commissions owed under the management contract is subject to collateral attack through petition to determine controversy; contractheld void from its inception due to violations of Talent Agency Act |
| 21-01 | 01/03/03 | Rivers Cuomo et al, known as "Weezer" vs. Atlas/Third Rail Management, Inc., et al | Strict liability, not common law doctrine of agency, for holding business entity responsible for low-level employee's unlawful procurement activities; contract void from date of unlawful activity, not void ab initio |
| 30-00 | 10/03/01 | Danny Nixon vs. Mo Swang Production, Inc., JSJ Production, Inc. et al | Unlicensed, "producer agreements", employee vs. independent contractor, dismissed |
| 02-99 | 08/30/01 | Jewel Kilcher vs. Inga Vainshtein dba Cold War Management | Unlicensed, publishing & licensing agreements, attorney exemption, equitable holding, no disgorgement |
| 21-00 | 08/16/01 | Jason Behr vs. Marv Dauer & Associates and Marv Dauer | Unlicensed, burden of proof, ""safe harbor"" defense, contract void, disgorgement |
| 18-00 | 07/13/01 | Natalie Hinds pka Macy Gray vs. Lori Leve dba Lori Leve Management | Unlicensed, recording contract exemption, "employment", petition denied |
| 13-00 | 02/27/01 | Victoria Strouse vs. Corner of the Sky, Inc. | Unlicensed, literary agent, "attempt", "employment", contract void |
| 33-99 | 10/11/00 | Hilario Miravalles vs. Artists, Inc. | Unlicensed, employee-employer vs. agency, H-1B visa, contract void |
| 07-99 | 12/27/99 | Hyperion Animation Co. Inc. vs. Toltec Artists, Inc. | Unlicensed, "producers", statute of limitation, "packaging", estoppel, contract void, disgorgement |
| 24-98 | 11/03/99 | Burt Bluestein vs. Production Arts Management et al | Unlicensed, "production manager"-"line producer", dismissed |
| 55-97 | 08/26/99 | Renan Almendarez vs. Unico Talent Management, Inc. | Unlicensed, loan repayment, contract interpretation, severability clause, contract void, disgorgement |
| 25-96 | 08/20/98 | Timothy L Kern and Pamela Kern vs. Entertainers Direct, Inc. et al | Employee/employer, independent contractor, dismissed |
| 43-97 | 07/30/98 | Howard Rose vs. William Reilly | Unlicensed, "producer", statute of limitation, employer vs. agency, contract void |
| 36-96 | 04/27/98 | Wesley Snipes vs. Dolores Robinson Entertainment | Unlicensed, "safe harbor" defense, dismissed |
| 09-97 | 01/20/98 | Camillo Wong Moreno, Stephen Carpenter et al vs. Dave Park | Unlicensed, statute of limitation, no commissions received, recording contract exemption, contract void |
| 60-94 | 01/15/98 | Dina Padilla vs. Penny Clymer | Unlicensed, "fees", penalties, contract void |
| 14-97 | 08/22/97 | Shawn Asselin vs. Andy Anderson | Unlicensed, photo sales, penalties |
| 25-97 | 08/22/97 | Heidi Kortenbach vs. Charlie Rairdoni | Unlicensed, photo sales, "safe harbor" defense, penalties |
| 17-96 | 03/26/97 | Kelleth Chinn and Caroline Wampole vs. George Tobin | Unlicensed, "music publishing", no third party employment, dismissed |
| 08-93 | 03/20/97 | Nick Sevano vs. Artistic Productions, Inc. | Unlicensed, arbitration, statute of limitation, "procure", "loan-out" employee, contract void |
| 12-96 | 12/27/96 | Anita Baker Bridgforth vs. BNB Associates, Ltd. Sherwin Bash | Unlicensed, statute of limitation, "promotional employment", contract void |
| 32-95(2) | 08/30/96 | American First Run et al vs. Omni Entertainment Group et al | Television "production", dismissed |
| 18-95 | 07/18/96 | James Breuer vs. Top Draw Entertainment, Inc.; Antonio U. Camacho | Jurisdiction, "minimum contacts" |
| 32-95(1) | 04/08/96 | American First Run et al vs. Omni Entertainment Group et al | "producers", dismissed |
| 31-92 | 05/19/95 | Kenneth Hecht vs. William Morris Agency and Bruce Brown | Licensed, jurisdiction, tort claims, statute of limitation, dismissed |
| 63-93 | 02/24/95 | Pamela Denise Anderson vs. Robert D'Avola | Unlicensed, "significant" procurement, "hip-pocket" agent |
| 52-92 | 06/02/94 | Thomas Haden Church vs. Ross Brown | Unlicensed, arbitration, statute of limitation, significant vs. incidental procurement, contract void, disgorgement |
| 19-90 | 04/24/92 | Arsenio Hall vs. X Management, Inc. | Unlicensed, "procurement", equitable remedies, contract void, disgorgement |
| MP-114 | 8/12/82 | Richard Pryor vs. David McCoy Franklin | Embezzlement, fraud, conversion, disgorgement |