Independent Film and Television Producer Leigh Ann Burton Files Civil Complaint Alleging Defendants Lions Gate and Dellaverson Breached Their Contract and Misrepresented Facts Related to Usher Film ``Dying for Dolly''.

LOS ANGELES -- Usher Film "Dying for Dolly" Embroiled in Litigation Prior To Release

Leigh Ann Burton filed a civil complaint for breach of contract and false promise in Los Angeles Superior Court seeking an unspecified amount of damages from Lions Gate Entertainment, Lions Gate executive and Loeb & Loeb attorney John Dellaverson, Chanel Capra, and others for allegedly breaching their written and oral contracts with Ms. Burton regarding the recently wrapped film project "Dying for Dolly." The film stars Usher and Chaz Palminteri and is set for release this fall. Ms. Burton alleges breach of contract, breach of express oral contract, negligent misrepresentation, intentional misrepresentation, and false promise against the named defendants, including Lions Gate, Lions Gate Vice-President John Dellaverson, writer Chanel Capra, and the film's production company, DFD Productions, Inc.

The Plaintiff seeks a jury trial and punitive damages. She is represented by attorney Donn Christensen of the Christensen Law Office in Arcadia, California, in Burton v. Lions Gate, John Dellaverson, Chanel Capra, et al., Case No. BC 329907

Leigh Ann Burton, age 33, is an independent film and television producer. In August 2003, she was approached by defendant screenwriter Chanel Capra for assistance in obtaining a meeting and with pitching the "Dying for Dolly" project to executives at Lions Gate Entertainment. Ms. Burton agreed to assist defendant Capra in exchange for being made a part of the project as a credited and paid producer if Lions Gate were to produce the "Dying for Dolly" film project. Ms. Capra and Ms. Burton reached a contract on those terms on August 6, 2003.

Plaintiff then arranged and attended the meeting with defendant Capra and defendant Dellaverson at defendant Lions Gate's offices. Lions Gate and Dellaverson expressed interest in producing the project then and at several subsequent meetings, including lunch meetings.

According to the complaint, Ms. Capra almost immediately attempted to renege on the agreement with plaintiff after it appeared that Lions Gate would produce her project. In September of 2003, Ms. Burton informed defendant Dellaverson and Lions Gate of the agreement with defendant Capra and that she intended to seek declaratory relief under the terms of her August 6, 2003 agreement with Ms. Capra if the agreement were not honored by Ms. Capra and Lions Gate.

The complaint further alleges that Defendants Dellaverson and Lions Gate, through Dellaverson, informed plaintiff that they would honor the agreement in all its terms if the project were ever produced, and asked that Ms. Burton refrain from seeking declaratory relief from the Superior Court at that time. Plaintiff relied on the representations of defendants Dellaverson and Lions Gate that they would honor the terms of the agreement between plaintiff and Ms. Capra and refrained from filing a civil action at that time.

In September of 2003, defendant Dellaverson then approached other members of the project and requested and received waivers of their right to compensation for the "Dying for Dolly" project allegedly so that he could compensate plaintiff. He obtained those waivers, yet never informed plaintiff of those actions.

In September 2004, defendants Capra, Dellaverson, and Lions Gate formed DFD Productions, Inc., to produce the "Dying for Dolly" film without informing Ms. Burton. The project was taken to completion, and wrapped on January 24, 2005 without notice to plaintiff. Ms. Burton was not credited, nor compensated per the terms of her agreement with the defendants.

Plaintiff inadvertently discovered that the "Dying for Dolly" project had been completed in early February of 2005 shortly after it wrapped. Through her counsel, Ms. Burton reminded the defendants of their contractual obligations, agreements, and promises by both phone calls and letters from her legal counsel. Plaintiff requested that defendants include her in the credits and compensate her as agreed in August and September of 2003.

To date, defendants have failed to respond to Ms. Burton's requests that they honor the agreements reached with plaintiff in 2003. In the absence of any substantial response, Ms. Burton had no alternative but to seek the intervention of the Superior Court to enforce her rights.

"Hollywood's directors, producers and filmmakers have become accustomed to taking what they want without regard to their contractual obligations, or their reputation for honesty," commented Donn Christensen. "Across the board, I am seeing more and more examples of people who promise and say anything to get what they want, and then renege on those promises once they have it. In almost every case, it is done simply in order to enhance their own profit. Hollywood's elite rely more and more on their influence to take advantage of these situations without any fear that they will be held accountable. That's because in most cases, people are afraid that if they object, they will be blackballed by the industry.

"In fact, Ms. Burton was threatened with being blackballed by one of the defendants in this case," commented Christensen. "Leigh Ann deserves great credit for refusing to be intimidated, and refusing to be taken advantage of by those with influence in Hollywood." Added Christensen: It is our hope that this case sends a message to Hollywood's power brokers that they are not above the law."

Editor's Note:

Plaintiff Leigh Ann Burton is represented by Donn W. Christensen with the Arcadia law firm of Donn W. Christensen, A Professional Corporation (www.dc-lawoffice.com); Tel: [phone]

Lions Gate Films is based in Santa Monica, CA, and is represented by partner Larry Stein of Alschuler, Grossman, et al: Tel: [phone]

John Dellaverson is represented by partner Carla J. Feldman, Esq. Of Loeb & Loeb, LLP: Tel: [phone]