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  • BETTY KNOWS BEST, INC., A CORPORATION VS VIACOM CORPORATION Collections Case - Seller Plaintiff (General Jurisdiction) document preview
  • BETTY KNOWS BEST, INC., A CORPORATION VS VIACOM CORPORATION Collections Case - Seller Plaintiff (General Jurisdiction) document preview
  • BETTY KNOWS BEST, INC., A CORPORATION VS VIACOM CORPORATION Collections Case - Seller Plaintiff (General Jurisdiction) document preview
  • BETTY KNOWS BEST, INC., A CORPORATION VS VIACOM CORPORATION Collections Case - Seller Plaintiff (General Jurisdiction) document preview
  • BETTY KNOWS BEST, INC., A CORPORATION VS VIACOM CORPORATION Collections Case - Seller Plaintiff (General Jurisdiction) document preview
  • BETTY KNOWS BEST, INC., A CORPORATION VS VIACOM CORPORATION Collections Case - Seller Plaintiff (General Jurisdiction) document preview
  • BETTY KNOWS BEST, INC., A CORPORATION VS VIACOM CORPORATION Collections Case - Seller Plaintiff (General Jurisdiction) document preview
  • BETTY KNOWS BEST, INC., A CORPORATION VS VIACOM CORPORATION Collections Case - Seller Plaintiff (General Jurisdiction) document preview 
						
                                
Preview

                                20STCV05971
                      Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Steven Kleifield


Electronically FILED by Superior Court of California, County of Los Angeles on 02/13/2020 12:00 AM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Barel,Deputy Clerk



 1      PHILLIP K. FIFE, ESQ. SB#45138
        LAW OFFICES OF PHILLIP K. FIFE
 2      11278 LOS ALAMITOS BLVD., #179
        LOS ALAMITOS, CALIFORNIA 90720
 3      (714) 981-4488; FAX (562) 430-8180
        pfife@fife1aw.com
 4      Attorney for Plaintiff

 5

 6

 7
                                                 SUPERIOR COURT OF CALIFORNIA
 8
                                                        COUNTY OF LOS ANGELES
 9
                                                              CENTRAL DISTRICT
10

11
        BETTY KNOWS BEST, INC., a California)                                               CASE NO:
12      Corporation,                         )
                                                                                     )
13                            Plaintiff,                                             )
                                                                                     )      COMPLAINT FOR MONEY OWED FOR
14      -vs-                                                                         )      FAILURE TO PAY FOR GOODS SOLD AND
                                                                                     )      DELIVERED; FOR ACCOUNT STATED FOR
15      VIACOM CORPORATION, a corporation;)                                                 MONEYS      OWED    FOR    SERVICES
        DOES 1 through 5,inclusive,       )                                                 RENDERED ; DEMAND FOR JURY TRIAL;
16                                                                                   )
                              Defendants.                                             )
17                                                                                   )
                                                                                     )
18                                                                                   )
                                                                                     )
19                                                                                   )
                                                                                     )
20
21      FIRST CAUSE                OF ACTION AS COMMON COUNT FOR MONEY OWED FOR FAILURE TO

22      PAY FOR GOODS SOLD AND ELIVERED FOR A PRICE FIXED AND AGREED TO PURSUANT

23     TO A WRITING (LET IT RIDE GALLERY SHOOT)

24                Comes now and for cause of action against the Defendants and each

25     of them Plaintiff alleges as follows:

26     1.          Plaintiff Betty Knows Best, Inc. is and at all times mentioned

27     herein has been a California corporation with its principal place of

28
       ~~~~~~-                       Complaint


                                                                              1
 1
     business located in the County of Los Angeles, City of Los Angeles.
 2
     For convenience, Plaintiff will sometimes be referred to hereinafter
 3
     simply as "BKB".
 4
     2.     Plaintiff is informed and believes, and thereon alleges, that
 5
     Defendant Viacom Corporation at all times herein mentioned was and
 6
     still is doing business in the state of California through various
 7
     subsidiaries       and business       entities     including but not        limited to
 8
     Nickelodeon, New Games Productions, Inc., and MTV Networks, and was
 9
     succeeded in 2019 by a new corporate entity using the name Viacom CBS
10
     For    convenience,      said    Defendant       with   whom    Plaintiff    transacted
11
     business     as   hereinafter alleged will be             referred to hereinafter
12
     sometimes simply as "Viacom".
13
     3.     The true names and capacities of those Defendants sued herein
14
     by the fictitious names DOES 1-10 are unknown to Plaintiff at this time
15
     who therefore sues said Defendants by said fictitious names pursuant
16
     to    the   provisions      of   California      Code   of     Civil   Procedure   §474.
17
     Plaintiff is informed and believes, and thereon alleges, that each of
18
     said Defendants DOES 1-10 are agents, servants, employees, successors
19
     and/or joint actors with the named Defendant Viacom and has with full
20
     knowledge of the facts contributed to, promoted, ratified and endorsed
21
     the    wrongful     actions      of   Defendant    Viacom      as   more   particularly
22
     described hereinafter, so as to be at fault and/or jointly responsible
23
     for causing the damages to Plaintiff hereinafter more specifically
24
     described.        Plaintiff will amend this complaint when the true names
25
     and capacities of said Defendants become known to Plaintiff.
26
     4.     Plaintiff at all times herein mentioned was engaged in the
27

28
     _ _ _ _ _ _ _ _ Complaint


                                                  2
 1
     business of performing as an independent contractor and supplier of
 2
     the production of promotional materials for film,           photo and video
 3
     products of Defendant Viacom. Said promotional materials were referred
 4
     to by the parties as "gallery shoots" and were intended to facilitate
 5
     Viacom's     promotion and advertising of its film and/or television
 6
     products    upon the        completion of said products.   Defendant Via com
 7
     through its authorized agent at the time having responsibility for
 8
     procurement of the "gallery shoot" for a particular film or television
 9
     show produced by Viacom would contact Plaintiff's principal officer
10
     either by a phone call or an e-mail to advise Plaintiff of its interest
11
     in having Plaintiff produce and deliver the "gallery shoot" for the
12
     particular Viacom product, providing Plaintiff with the name of the
13
     product, a desired delivery date for the subject "gallery shoot", a
14
     proposed budget, sometimes with only a concept and possible locations
15
     where images would have to be shot, leaving it to Plaintiff to advise
16
     Via com's agent of logistical and budget options as well as a price for
17
     producing what Defendant Viacom's authorized agent was seeking.
18
     5.     Plaintiff would respond in writing to this initial inquiry as
19
     to Plaintiff's availability to undertake the project and a projected
20
     fixed price for providing the "gallery shoot" being sought by Viacom.
21
     Christine Hollwedel was the authorized employee and representative of
22
     Defendant Viacom with whom Plaintiff dealt with respect to all of the
23
     particular "gallery shoots'' referred to in the specific causes of
24
     action alleged in this Complaint. Plaintiff was engaged to produce and
25
     deliver to Defendant Via com each of said particular "gallery shoots"
26
     pursuant to a fixed final price ultimately confirmed in a writing
27

28
     _ _ _ _ _ _ _ _ Complaint


                                             3
 1
     generated by said Christine Hollwedel on behalf of and for the benefit
 2
     of Defendant Viacom. Christine Hollwedel was at all times mentioned
 3
     herein with respect to the various "gallery shoot" projects on which
 4
     Plaintiff was engaged, located in the Count y of Los Angeles where
 5
     Plaintiff also maintained its principal business office.
 6
     8.     Due to the uncertainty of the exact time that a given film or
 7
     television show product being produced by Viacom would be actually
 8
     completed,     and the necessity upon such completion to produce the
 9
     "gallery shoot" before the filming set would be broken down or would
10
     otherwise become no longer available, and the actors, actresses and
11
     other "talent" that had been part of the production of the film and/or
12
     television     show    product   would   move   on   to   other   projects   and
13
     opportunities, it was typically necessary for Plaintiff to begin work
14
     on a given "gallery shoot" even before the underlying film and/or
15
     television show product had been completed. Due to specific requests
16
     or demands that were made at the last minute by Viacom people who had
17
     been involved in the production of the product as to particular things
18
     they wanted to be included in the production of the "gallery shoot",
19
     it was frequently necessary for Plaintiff to adjust a preliminarily
20
     agreed-upon initial fixed price which adjustment would be agreed upon
21
     and confirmed between Viacom and Plaintiff via a writing. Due to the
22
     volume of creative productions that Defendant Viacom was producing for
23
     which the services of Plaintiff were being sought, it was also common
24
     that Via com's authorized representative and agent would have Plaintiff
25
     start planning and logistics work on a new "gallery shoot" that
26
     Viacom's authorized representative and agent expected would have to
27

28
     _ _ _ _ _ _ _ _ Complaint


                                              4
 1
     be delivered by a certain time notwithstanding that the date for
 2
     actual completion of the underlying creative production was not fixed.
 3
     As a result, Plaintiff from time to time would be engaged in planning
 4
     and producing several different "gallery shoots" at the same time.
 5
     9.    Some years prior to the development of the claims of Plaintiff
 6
     hereinafter   set   forth,   Defendant   Viacom   Corporation   notified
 7
     Plaintiff that it was putting in place a system that said Defendant
 8
     designated as its "SWIM" system which acronym stood for Supplier
 9
     Workplace for Invoice Management and advised Plaintiff to utilize this
10
     system thereafter, which Plaintiff did. Under the SWIM system, the
11
     authorized representative would generate and make available in its
12
     SWIM system a "display purchase order" which had on its face a specific
13
     "Purchase Order No.", a name for the specific "gallery shoot" being
14
     ordered from Plaintiff, a date of issuance of the display purchase
15
     order, a requested deli very date for the goods being ordered, an amount
16
     of the budget preliminarily allocated for the purchase of the goods
17
     being ordered, and information as to where the goods being ordered were
18
     to be shipped. Plaintiff could and would access the Defendant's SWIM
19
     system periodically and/or when alerted by the Defendant's agent to
20
     do so to review the "display purchase order" when it became available.
21
     10.   Attached hereto as Exhibit A and by such reference incorporated
22
     hereat is a print-out of the Display Purchase Order No. 2000354275
23
     dated February 25, 2016 for the purchase and delivery of the "Betty
24
     Knows Best Ride Gallery Shoot" for a preliminarily proposed purchase
25
     price of $115,000 which was made available in Viacom' s SWIM system on
26
     or about that date by Christine Hollwedel as the authorized agent of
27

28
     -------~ Complaint


                                        5
 1
     Defendant Viacom for Plaintiff to download. The associated project of
 2
     Defendant Via com for which this "gallery shoot" was ordered from
 3
     Plaintiff was known as "Let It Ride". Filming of that project in a
 4
     studio in Toronto, Canada was not completed until a matter of few days
 5
     prior to the delivery date for the "gallery shoot" that Defendant
 6
     Viacom Corporation sought for use in promoting the "Let It Ride" show.
 7
     This scheduling had necessitated that Plaintiff start working on the
 8
     "gallery shoot" for it in advance of its final completion on the basis
 9
     of a projected price to be charged by Plaintiff for the "gallery shoot"
10
     of $115,000 which was acknowledged by Christine Hollwedel in writing
11
     to be subject to upward adjustment for Plaintiff's additional charges
12
     which,    among other things,         was likely going to include bringing a
13
     photographer and his assistant from Los Angeles to Toronto which had
14
     been requested by others within Viacom after Plaintiff and Hollwedel
15
     had worked out the preliminary price of $115,000 on the basis of
16
     Plaintiff utilizing a Canadian photographer located in Toronto.
17
     11.      Defendant Viacom through Hollwedel confirmed in writing that
18
     Viacom did want to have Plaintiff bring a particular photographer from
19
     Los Angeles as well as his assistant to Toronto for the production of
20
     the "Ride Gallery Shoot" in Toronto. On or about February 23, 2016
21
     Defendant Viacom confirmed in writing that it would pay Plaintiff the
22
     original budgeted           amount   of   $115,000   and would   pay   Plaintiff's
23
     additional charges for, among other things, having to utilize in Canada
24
     the Los Angeles photographer that Viacom's creative director wanted
25
     to be used for the Plaintiff's production in Toronto of the Ride Gallery
26
     Shoot images. Plaintiff in reliance on this adjustment completed and
27

28
     _ _ _ _ _ _ _ _ Complaint


                                                 6
 1
     delivered on or about February 21, 2016 the subject Ride Gallery Shoot
 2
     images to Defendant Via com by the date by which Via com desired it. Said
 3
     "gallery shoot" was accepted and used by Via com without any objection
 4
     or questions. Consistent with the representations of its authorized
 5
     representative and agent Christine Hollwedel, Defendant Viacom paid
 6
     Plaintiff the $115,000 amount of the preliminary fixed price for the
 7
     production and delivery of said "gallery shoot". Defendant Viacom's
 8
     authorized agent Christine Hollwedel who at all times herein mentioned
 9
     was located in Los Angeles County agreed in writing that said initial
10
     purchase price would be adjusted upward to a final purchase price due
11
     to various increased costs that Plaintiff was going to have to pay and
12
     incur to accommodate demands by various persons within Viacom as to
13
     things which they wanted in the final "gallery shoot". Defendant Via com
14
     accepted without any objection the final "gallery shoot" materials
15
     delivered by Plaintiff for the Let It Ride project but ultimately has
16
     failed to fully pay to Plaintiff the full amount of the final price
17
     for which Plaintiff agreed to and did provide the subject "gallery
18
     shoot" for the Let It Ride product.
19
     12.    Plaintiff on or about September 30, 2016 made demand for payment
20
     of a final balance of $5,975 of net approved price increase for the
21
     additional costs and expenses of providing services and paying costs
22
     to satisfy last minute demands of Viacom that had not been contemplated
23
     or figured on as being necessary in the formulation of the original
24
     preliminary budget for the production and delivery of the Ride Gallery
25
     Shoot, but Defendant Viacom has failed to remit same, to Plaintiff's
26
     damage in said amount plus interest thereon at the rate of ten percent
27

28
     - - - - - - - - Complaint


                                        7
 1
     (10%) per annum from September 30, 2016 until paid.
 2
     SECOND CAUSE OF ACTION AS COMMON COUNT FOR FAILURE TO PAY MONEY OWED
 3
     PURSUANT TO AN ACCOUNT STATED IN WRITING FOR THE BALANCE OWING FOR GOODS
 4
     SOLD AND DELIVERED (LET IT RIDE GALLERY SHOOT)
 5
     13.     Plaintiff refers to the allegations set forth in Paragraphs 1-11
 6
     hereinbefore set forth and incorporates same hereat.
 7
     14.     On or about September 30, 2016 Plaintiff stated in writing that
 8
     there was then owing by Viacom to Plaintiff on account in connection
 9
     with Plaintiff's production and delivery of the Ride Gallery Shoot the
10
     final     remaining        amount   of   $5, 97 5     and   Viacom' s     authorized
11
     representative Christine Hollwedel acknowledged without protest in
12
     writing receipt of Plaintiff's written statement of account.
13
     15.     Defendant Viacom is indebted to Plaintiff in said amount of
14
     $5,975 plus interest thereon at the rate of ten percent (10%) per annum
15
     from September 30, 2016 until paid.
16
     THIRD CAUSE OF ACTION AS COMMON COUNT               FOR MONEY OWED FOR FAILURE TO
17
     PAY FOR GOODS SOLD AND ELIVERED FOR A PRICE FIXED AND AGREED TO PURSUANT
18
     TO A WRITING (LEGENDS OF THE HIDDEN TEMPLE GALLERY SHOOT)
19
     16.     Plaintiff refers to the allegations set forth in Paragraphs 1-9
20
     hereinbefore set forth and incorporates the                 same hereat
21
     17.     Attached hereto as Exhibit B and by such reference incorporated
22
     hereat    is   a   print-out of the Via com Display Purchase Order No.
23
     2000384026 for the production and delivery by Plaintiff of the "Legends
24
     Gallery Shoot"       for    a   preliminarily proposed        advance   payment   of
25
     $101,250 against an anticipated final price of between $129,000 and
26
     $135,000. It was dated May 31, 2016 and was made available in Viacom's
27

28
     - - - - - - - Complaint


                                              8
 1
     SWIM system on or about that date by Christine Hollwedel as the
 2
     authorized agent of Defendant Viacom for Plaintiff to download. The
 3
     associated project of Defendant Viacom for which this "gallery shoot"
 4
     was being ordered from Plaintiff was known as "Legends of the Hidden
 5
     Temple". Filming of that movie project was not completed in Vancouver,
 6
     Canada until a matter of a few days prior to the delivery date for the
 7
     "gallery shoot" that Defendant Viacom Corporation sought for use in
 8
     promoting the "Legends of the Hidden Temple" movie. This scheduling
 9
     had necessitated that Plaintiff start working on the "gallery shoot"
10
     for it in advance of its final completion on the basis of a projected
11
     price to be charged by Plaintiff for the "gallery shoot" of between
12
     $129,000 and $135,000 which was recognized by Christine Hollwedel in
13
     writing to be subject to upward adjustment      due to the fact that the
14
     movie crew was a union crew which cost considerably more than a
15
     non-union crew to be available for filming images needed for the
16
     "gallery shoot" and would require compensation at overtime rates for
17
     hours worked over a certain limited number of days in a given week
18
     and/or for work in excess of a certain number of hours in a single day.
19
     In addition,      among many other variables,   the needs for    "talent"
20
     employed by Viacom in the movie who would also have to be available
21
     for the images to be produced by Plaintiff for the "gallery shoot" were
22
     shifting and necessitating increased costs.
23
     18.   Christine Hollwedel authorized Plaintiff in writing to proceed
24
     with the final production and delivery of the subject "gallery    shoot"
25
     with the original preliminary budget of $101,250 to be paid as an
26
     advance against the final actual charges of Plaintiff based on the
27

28
     _ _ _ _ _ _ _ _ Complaint


                                         9
 1
     resolution of the many variables affecting the final production of the
 2
     subject "gallery shoot".
 3
     19.   Plaintiff completed the subject "gallery shoot" and delivered
 4
     to Defendant on or about March 22, 2016 the images to Viacom, prior
 5
     to the May 31, 2016 delivery date for same which Viacom was seeking.
 6
     Defendant Via com accepted and used same without objection or question
 7
     advising Plaintiff in writing that Viacom would remit the $101,250
 8
     amount of its initial proposed purchase price and would expect an
 9
     additional invoice from Plaintiff once the final "wrap" was done.
10
     Viacom then paid Plaintiff as an advance the $101,250 toward the final
11
     agreed purchase price for the "gallery shoot" and on or about September
12
     30,   2016   Plaintiff    transmitted    to   Christine   Hollwedel   a   final
13
     breakdown of the charges for the production and delivery of said
14
     "gallery shoot" totaling $136,325, leaving a balance due of $36,075
15
     after credit for the receipt of the initial advance of $101,250.
16
     Christine Hollwedel on behalf of Viacom acknowledged receipt of the
17
     invoice the same day it was sent, thanked Plaintiff and did not express
18
     any objection to the sufficiency or completeness of the materials
19
     delivered or the     amount of the remaining charges due to Plaintiff.
20
     20.   Plaintiff has made demand for payment of the $36,075 balance due
21
     upon Defendant Viacom which has failed to remit same, to Plaintiff's
22
     damage in said amount plus interest thereon at the rate of ten percent
23
     (10%) per annum from September 30, 2016 until paid.
24
     FOURTH CAUSE OF ACTION AS COMMON COUNT FOR FAILURE TO PAY MONEY OWED
25
     PURSUANT TO AN ACCOUNT STATED IN WRITING FOR THE BALANCE OWING FOR GOODS
26
     SOLD AND DELIVERED (LEGENDS GALLERY SHOOT)
27

28
     _ _ _ _ _ _ _ Complaint


                                             10
 1
     21.   Plaintiff    refers     to     the   allegations        of    Paragraphs    16-19
 2
     hereinbefore appearing and by such reference incorporates the same
 3
     hereat.
 4
     22.   On or about September 30, 2016 Plaintiff stated in writing that
 5
     there was then owing by Viacom to Plaintiff on account in connection
 6
     with Plaintiff's production and deli very of the Legends Gallery Shoot
 7
     the   final   remaining     amount    of    $36, 07 5   and    Via com's   authorized
 8
     representative Christine Hollwedel acknowledged without protest in
 9
     writing receipt of Plaintiff's written statement of account.
10
     23.   Defendant Viacom is indebted to Plaintiff in said amount of
11
     $36,075 plus interest thereon at the rate of ten percent (10%) per annum
12



14
     PAY FOR GOODS SOLD AND ELIVERED FOR A PRICE FIXED AND AGREED TO PURSUANT
15
     TO A WRITING (HUNTER STREET GALLERY SHOOT)
16
     24.   Plaintiff     refers    to     the    allegations        of    Paragraphs    1-9
17
     hereinbefore appearing and by such reference incorporates the same
18
     hereat.
19
     25.   Attached hereto as Exhibit C and by such reference incorporated
20
     hereat is a print-out of the Display Purchase Order No. 2000411232
21
     dated August 23, 2016 for the production and deli very by Plaintiff of
22
     the "Hunter Street Shoot" for a preliminarily proposed purchase price
23
     of $125,000 with 75% thereof, or $93,750, to be paid in advance due
24
     to the    fact   that Christine Hollwedel          knew Plaintiff's principal
25
     officer would have to travel to Europe to start work on the project.
26
     This Display Purchase Order became available in Viacom's SWIM system
27

28
     _ _ _ _ _ _ _ Complaint


                                                11
 1
     on or about the date it bears. The associated project of Defendant
 2
     Viacom for which said Defendant by its authorized agent Christine
 3
     Hollwedel was ordering this           "gallery shoot" was being filmed in
 4
     Amsterdam using American,          Dutch and British "talent". Some of the
 5
     "talent" were minors who were required to receive schooling which
 6
     limited how much time they would be available for actual filming and
 7
     still shots on any given day, the desired date for delivery of the
 8
     subject "gallery shoot" fell right in the heart of the heaviest tourism
 9
     activity in Amsterdam, and the exchange rate of the Eurocurrency for
10
     the U.S. dollar was then unfavorable to the U.S. Dollar. Due to these
11
     important factors as well as other uncertainties,                it was clear to
12
     Plaintiff that the desired "gallery shoot" could not be done for the
13
     initial budget amount which Viacom had proposed and Plaintiff kept
14
     Viacom's agent Hollwedel apprised of these factors.
15
     2 6.   Based on Plaintiff's assessment of the number of complex issues
16
     involved in producing the subject "gallery shoot" in Amsterdam as the
17
     underlying Viacom product was being completed,                 Plaintiff advised
18
     Christine Hollwedel that the budget she was proposing would have to
19
     substantially      increase   to    between   $193,000   and    $194,000.   After
20
     exchange of numerous phone calls and emails, Christine Hollwedel by
21
     e-mail sent to Plaintiff on September 29, 2016 re-confirmed that Viacom
22
     would in addition to paying Plaintiff the $93,750 advance fee also have
23
     Viacom accrue an additional $100,000 to be paid to Plaintiff for the
24
     production and delivery of the subject "gallery shoot" for Viacom's
25
     Hunter Street production. In reliance on this information, Plaintiff
26
     completed and timely delivered to Defendant on or about September 5,
27

28
     - - - - - - - - Complaint


                                             12
 1
     2016 the images constituting the subject "gallery shoot" which were
 2
     accepted and used by Viacom without question or complaint as to the
 3
     sufficiency or completeness of the materials delivered.
 4
     27.   Viacom paid Plaintiff the $93,750 total advance fee       for the
 5
     production and deli very of the subject Hunter Street "gallery shoot"
 6
     images. On November 1, 2016 after Plaintiff had wrapped the production
 7
     and delivery of the Hunter Street Gallery Shoot and paid all final
 8
     bills, Plaintiff submitted to Defendant Viacom a written demand for
 9
     payment of $97,260 as the difference between a final charge of $191,010
10
     for the "gallery shoot" and the $93,750 advance payment made by Viacom.
11
     Said Defendant did not seasonably object to or protest in any way the
12
     amount which Plaintiff stated remained due.
13
     28.   Defendant Viacom has failed to remit payment of the said $97,260
14
     balance due for the production and delivery of the Hunter Street
15
     Gallery Shoot,    to Plaintiff's damage in said amount plus interest
16
     thereon at the rate of ten percent (10%) per annum from November 1,
17
     2016 until paid.
18
     SIXTH CAUSE OF ACTION AS COMMON COUNT FOR FAILURE TO PAY MONEY OWED
19
     PURSUANT TO AN ACCOUNT STATED IN WRITING FOR THE BALANCE OWING FOR GOODS
20
     SOLD AND DELIVERED (HUNTER STREET GALLERY SHOOT)
21
     29.   Plaintiff refers to the allegations of Paragraphs 1-9 and 25-27
22
     hereinbefore appearing and by such reference incorporates the same
23
     hereat.
24
     30.   On November 1, 2016 Plaintiff transmitted to Defendant Christine
25
     Hollwedel a written statement of account for the $97,260 balance owing
26
     to Plaintiff by Viacom for Plaintiff's production and deli very of the
27

28
     _ _ _ _ _ _ _ Complaint


                                       13
 1
     Hunter Street "gallery shoot".             Defendant Viacom failed to timely
 2
     object to said statement of account.
 3
     31.   Defendant Viacom is indebted to Plaintiff in said amount of
 4
     $97,260 plus interest thereon at the rate of ten percent (10%) per annum
 5
     from November 1, 2016 until paid.
 6
     SEVENTH CAUSE OF ACTION AS COMMON COUNT FOR MONEYS DUE PURSUANT TO AN
 7
     ACCOOUNT STATED FOR FEES OF PLAINTIFF AS A "KILL FEE" FOR SERVICES AND
 8
     EXPENSES PAID AND INCURRED BY PLAINTIFF FOR WORK DONE ON THE LEMONCELLO
 9
     PROJECT GALLERY SHOOT.
10
     32.   Plaintiff     refers     to    the    allegations    of   Paragraphs   1-9
11
     hereinbefore appearing and by such reference incorporates the same
12
     hereat.
13
     33.   Prior    to    August,        2016    Defendant     Viacom's   authorized
14
     representative and agent for the procurement of many of the "gallery
15
     shoots" for various creative products being planned and at various
16
     stages of production by Viacom had advised Plaintiff's principal
17
     officer that Viacom wanted Plaintiff to commence the early planning
18
     and logistics work for the production of "gallery shoots" for a
19
     creative project by the name of Lemoncello and another creative project
20
     by the name of Rufus 2. Plaintiff was advised by Christine Hollwedel
21
     that the Lemoncello project was going to be done in Vancouver and that
22
     the Rufus 2 project was to be shot in September, 2016. At the request
23
     of said Christine Hollwedel, Plaintiff began working on the planning
24
     and logistics for these two projects based on the fact that it was
25
     necessary to get a film crew in Vancouver "on hold" 30 to 45 days in
26
     advance of the projected date that a crew would actually have to start
27

28
     _ _ _ _ _ _ _ Complaint


                                                14
 1
     work in Vancouver, and the fact that the production of the Rufus 2
 2
     project was then tentatively set to be done in September, 2016 which
 3
     would also require getting key personnel "on hold" in the area where
 4
     the Rufus 2 project was projected to be filmed.
 5
     34.   Plaintiff is informed and believes, and thereon alleges, that
 6
     within the structure of Viacom there was some shifting or struggle
 7
     among people as to who should control the procurement of promotional
 8
     materials for future television and movie projects of Viacom. On or
 9
     about August 24, 2016 Plaintiff became informed that a person within
10
     Viacom was possibly going to take control of some or all of the "gallery
11
     shoot" procurement that Christine Hollwedel had been handling and that
12
     Viacom had decided to cancel the production by Plaintiff of the
13
     "gallery shoots" for the Lemoncello and Rufus 2 projects.
14
     35.   By this time, Plaintiff had done considerable work on these two
15
     pending "gallery shoot" projects,       incurring expenses and shipping
16
     materials and Christine Hollwedel recognized that Plaintiff should be
17
     entitled to a "kill fee" to compensate Plaintiff for its time and
18
     expenses, and loss of opportunities that Plaintiff would have taken
19
     had Plaintiff not committed to and begun work on the production of these
20
     two anticipated ''gallery shoots".
21
     36.   Prior to September 30, 2016 there appeared in the Viacom SWIM
22
     system a display of Viacom Purchase Order No. 2000539522 in the amount
23
     of $10,000 as the cancellation fee for the cancellation of Viacom's
24
     procurement from Plaintiff of the Lemoncello movie "gallery shoot".
25
     A true and correct copy of a download of said Purchase Order is attached
26
     hereto as Exhibit D and by such reference incorporated hereat.
27

28
     _ _ _ _ _ _ _ _ Complaint


                                        15
 1
     36.    Pursuant     to    an   earlier      written   request   made   by   Christine
 2
     Hollwedel that Plaintiff send her actual invoices for the cancellation
 3
     fees which Plaintiff had advised would be fair, Plaintiff on or about
 4
     September 15, 2016, sent Christine Hollwedel an invoice in the amount
 5
     of $10,000 as       the     "kill    fee"   for   cancellation by Viacom of the
 6
     Lemoncello movie "gallery shoot" that Plaintiff had started working
 7
     on. A true and correct copy of said invoice is attached hereto as
 8
     Exhibit E and by such reference incorporated hereat.
 9
     38     Prior to September 30, 2016 there appeared in the Viacom SWIM
10
     system a display of Via com Purchase Order No. 2000539450 in the amount
11
     of $21,935 as the cancellation fee for the cancellation by Viacom of
12
     its procurement from Plaintiff of the Rufus 2 "gallery shoot". A true
13
     and correct copy of a download of said Display Purchase Order is
14
     attached hereto as Exhibit F and by such reference incorporated hereat.
15
     39.    Pursuant     to    an   earlier      written   request   made   by   Christine
16
     Hollwedel that Plaintiff send her actual invoices for the cancellation
17
     fees which Plaintiff had advised would be fair, Plaintiff on or about
18
     September 15, 2016, sent Christine Hollwedel an invoice in the amount
19
     of $21, 935    as   the     "kill    fee"   for   cancellation by Viacom of the
20
     completion by Plaintiff             of the Lemoncello movie "gallery shoot". A
21
     true and correct copy of said invoice is attached hereto as Exhibit
22
     G and by such reference incorporated hereat.
23
     40.   Viacom failed to timely retract either of the purchase orders
24
     it had placed in its SWIM system for Plaintiff to review and download
25
     representing a cancellation or "kill" fees for Plaintiff with respect
26
     to the Lemoncello and also the Rufus 2 "gallery shoot" projects which
27

28
     - - - - - - - - Complaint


                                                  16
 1
     Plaintiff at      the   request   of Via com's   authorized agent Christine
 2
     Hollwedel had started working on and/or to timely object to or reject
 3
     either of the two invoices which Plaintiff later sent to Viacom at
 4
     Hollwedel's request in the respective amounts of the aforementioned
 5
     purchase orders.
 6
     40.     Defendant Viacom is       indebted to    Plaintiff in the   amount of
 7
     $31, 935 plus interest thereon at the rate of ten percent ( 10%) per annum
 8
     from September 30, 2016 until paid by reason of the account stated as
 9
     and for the cancellation fees for Via com's cancellation of the gallery
10
     shoots which Plaintiff at Viacom's request had commenced working on
11
     for the then-pending and scheduled Lemoncello and Rufus 2 Viacom
12
     projects.
13
             WHEREFORE,   Plaintiff prays that:
14
             1.   that Plaintiff recover under the First Cause of Action
15
     damages, according to the proof at trial, against Defendant Viacom
16
     Corporation and DOES 1-10 in the amount of $5,975 plus interest thereon
17
     at the rate of ten percent ( 10%) per annum from September 30, 2016 until
18
     paid;
19
             2.   that Plaintiff recover under the Second Cause of Action
20
     damages, according to the proof at trial, against Defendant Viacom
21
     Corporation and DOES 1-10 in the amount of $5, 975 plus interest thereon
22
     at the rate of ten percent (10%) per annum from September 30, 2016 until
23
     paid;
24
             3.   that Plaintiff recover under the Third Cause of Action
25
     damages, according to the proof at trial, against Defendant Viacom
26
     Corporation and DOES 1-10 in the amount of $35,075 plus interest
27

28
     _ _ _ _ _ _ _ _ Complaint


                                            17
 1
     thereon at the rate of ten percent (10%) per annum from September 30,
 2
     2016 until paid;
 3
           4.    that Plaintiff recover under the Fourth Cause of Action
 4
     damages, according to the proof at trial, against Defendant Viacom
 5
     Corporation and DOES 1-10 in the amount of $35,075 plus interest
 6
     thereon at the rate of ten percent (10%) per annum from September 30,
 7
     2016 until paid;
 8
           5.    that Plaintiff recover under the Fifth Cause of Action
 9
     damages, according to the proof at trial, against Defendant Viacom
10
     Corporation     and DOES 1-10 in the amount of $97,260 plus interest
11
     thereon at the rate of ten percent (10%) per annum from November 1,
12
     2016 until paid;
13
           6.    that Plaintiff recover under the Sixth Cause of Action
14
     damages, according to the proof at trial, against Defendant Viacom
15
     Corporation and DOES 1-10 in the amount of $97,260 plus interest
16
     thereon at the rate of ten percent (10%) per annum from the November
17
     1 2016 until paid;
18
           7.    that Plaintiff recover under the Seventh Cause of Action
19
     damages, according to the proof at trial, against Defendant Viacom
20
     Corporation and DOES 1-10 in the amount of $31,935 plus interest
21
     thereon at the rate of ten percent (10%) per annum from September 30,
22
     2016 until paid;
23
           8.    that Plaintiff have judgment granted in its favor against
24
     the Defendant Viacom Corporation and DOES 1-10 for Plaintiff's costs;
25
           9.    that Plaintiff have such other and further relief against
26
     the   Defendants,   and each of them,   as   the   court   deems   just and
27

28
     - - - - - - - Complaint


                                       18
02-10-20:18:59 ;From:                             Tc: 17146623379         # 21   2




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           DA'l'tD: February 3,2020
                                          f?~A:11£
                                          P!ULLP K. FE,        ESQ.   I
                                          Attorney for    ~laintiff
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     Complaint


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     Complaint


                 21
EXHIBIT "A"
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                       (Name                                       L'ii.!!.!!Y.J:~~.~-~-·~"t!3!2.~. ~!.~.'¥..§~1?.L ......
                       ! Date                                      fi5.02:20:16"]
                       i Purchase Order No.                        ]2000354275
                       I Requested FoJlow-On Documents             Invoice
                       I Status                                    Confirmed




                                                                                                                             l Message from Purchaser



                                                                                                                             I                          j
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                                                                                     '                                   '
EXHIBIT "E"
                                                                                BEITYKNOWS
                                                                                BEST
                                                                                Tel: 323. 839. 5159
                                                                                Fax:323.666.3611

           invoice
  To:                New Games Productions                      Tel:        212. 846.7672

                     ATTN: Kelrsten Wanamaker                   FAX:

  From               668218                                     Dale:       9.16.16
  Supplier:

  Re:                lemoncello Gallery cancellation            JOB:        NCK8K81610-1


  VIN:                                                          CODE:
Invoice # 160902

Please remit fee for cancellation of Betty Knows Best engagement for the production of
Lemoncello gallery, Vancouver.

Payment Due ....................................................................... 10,000.00


                                                         TOTAL:              10,000.00

         Thank you.

         Payment should be sent to:
              Betty Knows Best
              1920 Hillhurst Ave, #103
              Los Angeles, CA 90027




                                               .-.·~·-~·······················
EXHIBIT "F"
EXHIBIT "G"
                                                                                BErrY KNOWS
                                                                                BEST
                                                                                Tel: 323. 839. 5159
                                                                                Fax:323.666.3611

           invoice
  To:                 New Games Productions                      Tel:       212. 846.1612

                     ATTN: Keirsten Wanamaker                    FAX:
  From                668218                                     Date:      9.15.16
  Supplier:

  He:                 Rufus 2 Cancellation                       JOB :      NCKBKB1609·1

  VIN:                                                           CODE:
Invoice # 160901

Please remit for cancellation of Rufus 2 confirmed gallery shoot for Betty Knows Best. Fee
includes:
    • Out of Pocket costs:
           0   3185.00
                    • Vancouver asst to collect photos/inventory of wardrobe and
                        props to ship
                    • LA Prod Asst to pick up shipment and transport
                    • International shipment to Betty Knows Best
                    • LA transportation to move shipment to Burbank Warehouse
                    • Producer prep completed and submission of ward/props pic to
                       Global Edit
    • Production cancellation fee based on 75,000.00 production budget after
        commencement of job (discounted from 50% to 25%)
           0    18,750.00

Payment Due .......................................................................21 ,935.00


                                                             TOTAL:          21,935.00

         Thank you.

         Payment should be sent to:
              Betty Knows Best
              1920 Hillhurst Ave, #103
              Los Angeles, CA 90027


                                               ..    ··--~   ....................... .