| Author | Message | ||
| IamA (Ski_bum)
Junior Member Username: Ski_bum Post Number: 175 Registered: 12-2002 |
I lost track of how many times they said she was pregnant with twins, and taking care of twin toddlers. Also they stated that they were looking for more suitable accommodations for their growing family, like maybe a new, $5 million house???? The lawsuit makes them seem gullible, but methinkums that they were hoping to get free publicity in selling their home, and maybe a higher price. After all, if you had a $4.5 mil house, would you really need 45k, and all the attendant hassles of moving all the furnishings? Especially if your wife was pregnant with twins, and taking care of twin toddlers? | ||
| Johnny Bravo (Ben) (Johnny_bravo)
Junior Member Username: Johnny_bravo Post Number: 72 Registered: 7-2003 |
Obviously this guy has to be a relatively talented and successful attorney to afford a beautiful home like that. Granted he could be living on family money too, but for the sake of the thread let's assume he's self made. Anybody else think he may have engineered this agreement and situation to possibly profit from it? I'm sure he had to deal with the network's legal deptartment who probably is relatively talented in their own right, but if he's good enough he possibly could've fanagled them into the agreement which would in this case set them up for a fall. Maybe I'm just a cynic at heart (and also just trying to play devil's advocate) and he certainly may have a legit claim, but ya never know these days...especially in LA-LA Land  | ||
| Ben Cannon (Artherd)
Member Username: Artherd Post Number: 943 Registered: 6-2002 |
Not a Lawyer, but it looks like they f-ed up. (aparently big time, you don't trash a lawyer's house, violate several contracts with him, and expect to walk! Duh!) The $5 mil is ALL punative damages, the idea there is to get people's attention, and compell them NOT to do this in the future! They did also ask for a non-tabulated actual cost of replacement too. (as promised in contract that ABC aparently violated...) I'd be pissed if I came back to my house to find Black Widdows infested, especially if I had newborn twins... If everything is true in that complaint, I would vote for damages to be rendered. Best! Ben. | ||
| Dave (Maranelloman)
Advanced Member Username: Maranelloman Post Number: 2863 Registered: 1-2002 |
Ken, in the immortal & ill-chosen words of G.W. Bush, "Bring it on!!" | ||
| Jean-Louis (Jlm348)
Member Username: Jlm348 Post Number: 692 Registered: 11-2002 |
for the Movie the Bodyguard they rented that house for $30,000 a day. They thought they would use it for a couple of days they used it for a month. $900,000 Not bad for a month. At the time it was the biggest house in Beverly Hills. | ||
| philip (Fanatic1)
Member Username: Fanatic1 Post Number: 451 Registered: 2-2003 |
Wow..........anyone wanna rent my house for 1 month! | ||
| Ken Thomas (Future328driver)
Member Username: Future328driver Post Number: 590 Registered: 12-2001 |
Dave, Don't make me have to come down to Austin and go lawyer on your ass | ||
| Ken Thomas (Future328driver)
Member Username: Future328driver Post Number: 589 Registered: 12-2001 |
The $5M is ALL punitive damages. The Chyten's are also asking for compensatory damages for the actual damage they suffered. The $5M may seem alot, but the whole point of punitives is to punish the wrongdoer and one way to do that is through disgorgement of profits. The Bachelor is a popular show and the profits that they made from ad revenue will surely exceed $5M, so the $5M claim is not unreasonable as a punitive claim. | ||
| John Do'h (Combover)
Junior Member Username: Combover Post Number: 147 Registered: 8-2003 |
"It's publicity for the tv show." I'm not sure allegations of used feminine hygeine products being improperly disposed of is the publicity they're looking for. | ||
| Jean-Louis (Jlm348)
Member Username: Jlm348 Post Number: 691 Registered: 11-2002 |
It's publicity for the tv show. Damn if the guy is suing for that much we want to see the show to see what they actually did to the house. It's the best type of advertising. They are actually both involved or the studio encouraged it knowing that it would be the best type of advertising for the money. | ||
| philip (Fanatic1)
Member Username: Fanatic1 Post Number: 450 Registered: 2-2003 |
Yeah Ken, I guess that's true......he could just be getting screwed by ABC..........if that's the case, then regardless of his profession he is certainly entitled to damages........I was just floored by the amount he's asking for..........I wonder out of 5M.........how much is Punitive and how much is actual damage........it would have to be something like 80% ..... 20%.......guessing.... | ||
| Ken Thomas (Future328driver)
Member Username: Future328driver Post Number: 585 Registered: 12-2001 |
My family used to own a home on NE 52nd street just off of Biscayne Park in Miami on Biscayne Bay. This was a popular are in the 80's for filming various Miami Vice episodes. The neighbors behind use rented their house and yard to the production company for a day and iin the course of the shoot, a significant amount of damage was done to the house. The fact that Chyten is a lawyer is really irrelevant. He could have an iron clad rental agreement and still be screwed over by a movie studio. He claims may have merit and if they do, the fact that the movie company may have screwed him is not necessarily an indictment against his ability as a lawyer. | ||
| wm hart (Whart)
Intermediate Member Username: Whart Post Number: 1647 Registered: 12-2001 |
A friend of ours recently made his retail shop available for a movie shoot, as did most of the merchants on the main street of a little river town near us. They did not remove the props for a week after the shooting was complete, making our friend's business virtually closed (the shoot was to take place over the thanksgiving holiday, when he was not going to see much traffic, but the following week was important to him). We had included a liquidated damages clause, which the production company did pay. | ||
| philip (Fanatic1)
Member Username: Fanatic1 Post Number: 449 Registered: 2-2003 |
Well, It'll be interesting to see how this pans out. I find it kind of hokey......if he is a successful attorney I find it hard to believe that he entered into any contract without full understanding and I doubt such a successful attorney could be "duped" or "enticed" into anything against his will or better judgement...........it will be interesting to see ABC's response. | ||
| Ken Thomas (Future328driver)
Member Username: Future328driver Post Number: 584 Registered: 12-2001 |
Without knowing the exact facts behind how the contract for the home's use was entered into, it is near impossible to tell if the case has merit. They may be ambulance chasers or they may have been induced into a fraudulent contract by the studio. | ||
| Ken Thomas (Future328driver)
Member Username: Future328driver Post Number: 583 Registered: 12-2001 |
The damages that the Chytens are seeking are related to contract breaches and misrepresentations as well as for property damage. The large amounts are for punitives and have nothing to do with the value of the property so it is possible for damages to exceed the value of the house. The damage to the house is not the major issue. | ||
| philip (Fanatic1)
Member Username: Fanatic1 Post Number: 448 Registered: 2-2003 |
Dave, I didn't mean anything against the guy or his profession, I am looking for another lawyer to chime in with his opinion on the merits of the case.........I was just floored that he is suing for more money than he is even trying to sell the house for..........sounds kind of ridiculous....if the house is for sale for 4.5 million, ABC could just buy it for cheaper than giving him 5M in the lawsuit.......... | ||
| Dave (Maranelloman)
Advanced Member Username: Maranelloman Post Number: 2858 Registered: 1-2002 |
Typical ambulance chasing scumbag shakedown artist, IMO. This is EXACTLY why lawyers are the most despised professionals in our country. | ||
| John Do'h (Combover)
Junior Member Username: Combover Post Number: 144 Registered: 8-2003 |
Philip: They've got other claims unrelated to the value of the house. But, Yes, you can get damages in an amount greater than the value of the house. You can also get "damages" even if the value of the property is INCREASED. Real estate law is quirky. | ||
| philip (Fanatic1)
Member Username: Fanatic1 Post Number: 446 Registered: 2-2003 |
If you go to www.thesmokinggun.com you can read the whole lawsuit....15 pages. Basically, A lawyer and his wife rented thier 4.5 million dollar home to ABC to tape "The Bachelor" in. The house was rented for 1 month for 45000.00. The couple, the husband is an attorney, is now suiing ABC for 5 million !!! They describe what seems to be fairly trivial damage.....if it even happened....and they say they never really wanted to rent the house in the beginning.....so right away I'm thinking, okay, you're an attorney, living ina 4.5 million dollar house, so not only are you very intelligent, you're obviously very succesful........if you didn't want to rent the house, why did you? AND would 45000.00 be that much money to you, to move out of your house for 1 month with a pregnant wife and 2 toddlers......but anyway, if the house is worth 4.5 million, and it is slightly damaged, how can they sue for 5 million.........In theory, couldn't ABC give them the 5 million then bulldoze the home and leave them with a hole in the ground........I mean, if they have to pay for the whole house anyway. It just seems like a real wierd lawsuit, I wonder if they guy is just hoping they settle to shut him up....maybe he'll get an extra million, just for raising a stink....plus does any rational person, think they can rent a house for a month to 30 or 35 women, cast, production crew, chefs, butlers, etc. and not sustain any minor cosmetic damage.........what do you guys think? |