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Hollywood Shake Ups as Golden Globes Racism Trouble Deepens, Producer Scott Rudin Loses Main Movie Partner

Roger Friedman
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Hollywood Shake Ups as Golden Globes Racism Trouble Deepens, Producer Scott Rudin Loses Main Movie Partner

We’re waking up to a lot of changes in Hollywood.

At the Golden Globes, where things couldn’t be worse, Diversity and Inclusion Advisor Dr. Shaun Harper gave up and left after the controversy over Phil Berk. Even though Berk was dismissed from the HFPA after his crazy racist email, Harper apparently felt he was getting nowhere. The group is supposed to make significant changes by May 6th. So far they’ve done nothing.

And others are reportedly jumping from the HFPA ship including Sunshine Sachs, their PR agency, and Judy Smith’s firm Smith & Company. She was the basis for the Olivia Pope character of a spin doctor in the TV series, “Scandal.” In the case of the former, if there ain’t no Sunshine for the HFPA they are really in trouble. After years of having wonky PR, Ken Sunshine gave the Globes an appearance of respectability.

Back here in New York, Scott Rudin’s comeuppance is snowballing. Variety reports that indie house A24 has severed ties with him. In the last few years, Rudin’s main movie deals have been with A24. This cuts him off from the Coen Brothers’ “MacBeth” with Frances McDormand and Denzel Washington, a prestige picture he was counting on riding to the Oscars next year.

Variety’s Gene Maddaus did a great job speaking to friends of the former Rudin assistant who killed himself last year, Kevin Graham-Caso. His brother had posted an emotional video about Kevin’s time with Rudin, but Maddaus got to the core of Rudin’s villainy. Rudin apparently pushed Kevin out of a moving car.

Meanwhile I can tell you exclusively that “ghost producers” are coming in to take over Rudin’s existing Broadway shows when they re-open this fall.

Once again, the Hollywood-Broadway table is being reset as scandal expunges power players. The kings are dead, long live the new kings.

 

Case Against Michael Jackson Brought by Wade Robson Tentatively Dismissed by Judge, Basis of “Leaving Neverland” Documentary

Roger Friedman
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Case Against Michael Jackson Brought by Wade Robson Tentatively Dismissed by Judge, Basis of “Leaving Neverland” Documentary

EXCLUSIVE Los Angeles Superior Court Judge Mark A. Young has tentatively dismissed the last of the cases brought by choreographer Wade Robson against the Estate of Michael Jackson. A final ruling will come after a hearing on April 26th.

Robson’s cases against Jackson, his Estate and companies were based on an out of left field claim that he’d been sexually harassed and abused by Jackson when he was a child. But Robson had testified in Jackson’s defense in his 2005 child molestation trial and continued to sing his praises after he died. It was only in 2013 when Robson had been rejected by the Estate to do work on Jackson projects that he made the claims. The claims then became the basis of the documentary “Leaving Neverland.”

Robson was joined in his lawsuit by James Safechuck, who also made the sexual molestation claims, appeared in the documentary, and so on. His case was dismissed last year.

Keep refreshing as I add some points from the case. But as you read through the judge’s decision, you’ll see the words “no triable issue.” The case has been essentially tossed.

The judge’s tentative ruling is here as follows.

Basis for Motion

Defendants seek summary judgment, or in the alternative, summary adjudication as follows:

All causes of action fail as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants’ allegedly tortious acts or omissions were “a legal cause of the [alleged] childhood sexual assault,” Code Civ. Proc. §§ 340.1(a)(2) & 340.1(a)(3), in order for the causes of action to come within the scope of subdivisions (a)(2) and (a)(3) of Code of Civil Procedure section 340.1 (and the causes of action are therefore untimely); and/or as required by the elements of the substantive causes of action themselves (all of which require legal causation, i.e., proximate causation).

The Second through Fifth Causes of Action, all of which are based in negligence, fail as a matter of law because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants had duties of care towards Plaintiff as alleged in the Complaint.

The Second Cause of Action for “Negligence” in the Complaint based on the negligence per se doctrine fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that any of the pertinent employees of Defendants were mandated reporters under the Child Abuse and Neglect Reporting Act (CANRA), Penal Code §§ 11166 et seq. in effect at the time. Also, the negligence per se doctrine does not create a duty of care in any event; it only sets the standard of care when duty has first been established independently. There is no duty of care here.

The Third and Fourth Causes of Action for “Negligent Retention/Hiring” and “Negligent Supervision” in the Complaint fail as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants had the duty or ability to decline to hire Michael Jackson in the first place, to fire him or to supervise him. There is also no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that the alleged tortious conduct by Jackson against Plaintiff arose out of or was generated by the employment relationship between Jackson and the Defendants.

The Fifth Cause of Action for “Negligent Failure to Train, Warn, or Educate” fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants had a duty to train, warn or educate Plaintiff, his parents, the authorities, Defendants’ employees, or anyone else about the dangers of sexual abuse generally or about the alleged dangers of Michael Jackson specifically.

The First Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants themselves (as opposed to, allegedly, Michael Jackson personally) engaged in extreme and outrageous conduct. Also, this cause of action fails because, as alleged by Plaintiff, it is a claim for “direct perpetrator liability” and is therefore not cognizable under Code of Civil Procedure section 340.1 (and is therefore untimely). There is no triable issue as to any material fact showing otherwise.

The Sixth Cause of Action for Breach of Fiduciary Duty fails as a matter of law, because there is no triable issue as to any material fact sufficient to permit a rational trier of fact to conclude that Defendants were in a fiduciary relationship with Plaintiff and/or that fiduciary duties were breached.

In addition, and in the alternative, Defendants move for judgment on the pleadings as to each cause of action because they contend that the operative Complaint does not, and cannot, allege facts sufficient to constitute valid and timely causes of action for each cause of action.

Legal Standard

The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence’ and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)

“The supporting papers shall include a separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the court’s discretion constitute a sufficient ground for denial of the motion.” (Code Civ. Proc., § 437c(b)(1); see also Cal. Rules of Court, rule 3.1350(c)(2) & (d).)

“The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court’s discretion, for granting the motion.” (Code Civ. Proc., § 437b(b)(3) (emphasis added).)

“On a motion for summary judgment, the initial burden is always on the moving party to make a prima facie showing that there are no triable issues of material fact.” (Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1519.) The moving party is entitled to summary judgment if they can show that there is no triable issue of material fact or if they have a complete defense thereto. (Aguilar v. Atlantic Richfiend Co. (2001) 25 Cal.4th 826, 843.)

In analyzing motions for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent’s claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) Pursuant to Code of Civil Procedure section 437c(p)(2):

A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.

When deciding whether to grant summary judgment, the Court must consider all of the evidence set forth in the papers, except evidence to which the Court has sustained an objection, as well as all reasonable inferences that may be drawn from that evidence, in the light most favorable to the party opposing summary judgment. (Avivi, 159 Cal. App. 4th at 467.)

“A moving defendant now has two means by which to shift the burden of proof under subdivision (o)(2) of section 437c to the plaintiff to produce evidence creating a triable issue of fact. The defendant may rely upon factually insufficient discovery responses by the plaintiff to show that the plaintiff cannot establish an essential element of the cause of action sued upon…. Alternatively, the defendant may utilize the tried and true technique of negating (‘disproving’) an essential element of the plaintiff’s cause of action.” (Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1598. See also Code Civ. Proc., § 437c(p)(2).) A moving defendant must show that plaintiff cannot reasonably obtain evidence to prove a cause of action, which is more than simply arguing that there is an absence of evidence. (Gaggero v. Yura (2003) 108 Cal.App.4th 884, 891.) A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ. Proc., § 437c(f)(1).)


EVIDENTIARY OBJECTIONS[1]

Plaintiff submits 24 objections to the evidence offered in support for the Motion for Summary Judgment.

Plaintiff submits objections to the declaration of John Branca, (1-15) the testimony of Jolie Levine (16-19) and Gayle Goforth (20), and certain exhibits (21-24)

Declaration of John Branca

Objection no. 1 – sustained

Objection no. 2 – overruled

Objection no. 3 – sustained in part “after he spoke to Paul McCarthy about the subject.”

Objection no. 4 – sustained

Objection no. 5 – sustained

Objection no. 6 – overruled.

Objection no. 7 – overruled.

Objection no. 8 – overruled.

Objection no. 9 – overruled.

Objection no. 10 – overruled.

Objection no. 11 – overruled.

Objection no. 12 – overruled.

Objection no. 13 – overruled.

Objection no. 14 – overruled.

Objection no. 15 – overruled.

Deposition testimony of Jolie Levine

Objection no. 16 – overruled.

Objection no. 17 – overruled

Objection no. 18 – overruled

Objection no. 19 – overruled.

Deposition testimony of Gayle Goforth

Objection no. 20 – overruled.

Objections to exhibits

Objection no. 21 – overruled (Defs.’ Exhibit 18.)

Objection no. 22 – overruled (Defs.’ Exhibit 19.)

Objection no. 23 – overruled (Defs.’ Exhibit 21.)

Objection no. 24 – sustained (Defs.’ Exhibit 22.)

Defendants submits 14 objections to the evidence offered in opposition to the Motion for Summary Judgment.

Declaration of Alex Cunny

Objection no. 1 – sustained. (Pl.’s Exhibit 22)

Objection no. 2 – sustained. (Pl.’s Exhibit 23)

Objection no. 3 – sustained. (Pl.’s Exhibit 24)

Objection no. 4 – sustained. (Pl.’s Exhibit 25)

Objection no. 5 – sustained. (Pl.’s Exhibit 26)

Objection no. 6 – sustained. (Pl.’s Exhibit 31)

Objection no. 7 – sustained. (Pl.’s Exhibit 32)

Objection no. 8 – sustained. (Pl.’s Exhibit 38.)

Objection no. 9 – sustained. (Pl.’s Exhibit 39.)

Objection no. 10 – sustained. (Pl.’s Exhibit 40.)

Objection no. 11 – sustained. (Pl.’s Exhibit 41.)

Objection no. 12 – sustained. (Pl.’s Exhibit 42.)

Objection no. 13 – sustained. (Pl.’s Exhibit 44.)

Objection no. 14 – sustained. (Pl.’s Exhibit 45.)

Request for judicial notice

Plaintiff requests judicial notice of Exhibits 35, 36, 41, 44, 48, and 50.

The Court takes judicial notice of Exhibit 35. The Court takes judicial notice that Exhibit 36 exists but does not take judicial notice of hearsay statements contained therein. The Court takes judicial notice of Exhibits 48 and 50 as court records but does not take judicial notice of hearsay statements contained with the Court’s rulings. The Court denies the request for judicial notice as to Exhibits 41 and 44 since the Court sustained evidentiary objections to these documents.

Analysis

Second, third, fourth, and fifth causes of action – Negligence claims

Plaintiff Wade Robson alleges four distinct negligence causes of action, including (1) the second cause of action for negligence, (2) the third cause of action for negligent supervision, (3) the fourth cause of action for negligent retention/hiring, and (4) the fifth cause of action for negligent failure to warn. The elements of negligence are (1) the existence of a legal duty of care, (2) breach of that duty, and (3) proximate cause resulting (4) in an injury. (McIntyre v. Colonies-Pacific, LLC (2014) 228 Cal.App.4th 664, 671.)

Defendants argue that they are entitled to summary judgment because Plaintiff cannot prove proximate cause. Defendants further argue that under section 340.1, “legal cause” is required, which cannot be proven in this case. “In an action for recovery of damages suffered as a result of childhood sexual assault . . . for any of the following actions: . . . (2) An action for liability against any person or entity who owed a duty of care to the plaintiff, if a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff. [or] (3) An action for liability against any person or entity if an intentional act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff.” (Code Civ. Proc., § 340.1(a)(2), (3).) “Proximate cause is legal cause, as distinguished from the layman’s notion of actual cause, and is always, in the first instance, a question of law.” (Tate v. Canonica (1960) 180 Cal.App.2d 898, 901.) However, “It becomes a question of fact when conflicting inferences or conclusions can be drawn from the evidence within the area of proximate cause as legally defined.” (Ibid.)

In opposition, Robson argues that Defendants attempt to provide a “cart before the horse” analysis with respect to “legal cause.” The Court agrees that it does not need to address the issue of legal cause unless the Court finds that there is a duty owed by the Corporations to Robson. Therefore, the Court first addresses Defendants’ duty arguments.

Defendants argue that they are entitled to summary judgment, or in the alternative, summary adjudication, on the negligence causes of action because Defendants did not owe Robson a legal duty. Defendants contend that there was no special relationship that would give rise to a legal duty for the Corporations to protect Robson from the alleged molestation, and as such, Defendants cannot be held liable for mere nonfeasance. In response, Robson argues that Civil Code section 1714 and the special relationship doctrine created a duty in this case. Robson argues that Defendants had an affirmative duty to protect him as a child from foreseeable sexual abuse from Jackson because of this special relationship. Robson’s basis for the special relationship is that Defendants’ hired Robson.

Duty is a question of law for the court. (Conti v. Watchtower Bible & Tract Society of New York, Inc. (2015) 235 Cal.App.4th 1214, 1226.) “‘[A]s a general rule, one owes no duty to control the conduct of another, nor to warn those endangered by such conduct.’” (Id. at 1226 [quoting Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1129].) The “special relationship” doctrine is an exception to this general rule. (Regents of University of California v. Superior Court (2018) 4 Cal.5th 607, 627 [Citations omitted.].) “Special relationships also have defined boundaries. They create a duty of care owed to a limited community[.]” (Id. at 621.) For example, a duty arising out of a “special relationship” in the context of a university is limited and “extends to activities that are tied to the school’s curriculum but not to student behavior over which the university has no significant degree of control.” (Regents of University of California v. Superior Court (2018) 4 Cal.5th 607, 627.) “A basic requisite of a duty based on a special relationship is the defendant’s ability to control the other person’s conduct. [Citation.].’” K.G. v. S.B. (2020) 46 Cal.App.5th 625, 631 [quoting Smith v. Freund (2011) 192 Cal.App.4th 466, 473].) “The absence of an ability to control is fatal to a claim of legal responsibility.” (Todd v. Dow (1993) 19 Cal. App. 4th 253, 259.)

Defendants argue that there are no facts, or even disputed facts, that give rise to a special relationship between Robson and the Defendants. Defendants contend that the undisputed evidence demonstrates that the Corporations had no ability to control the behavior of Michael Jackson, and as a result, there is no special relationship. Defendant MJJ Productions was incorporated in California in 1979 as “Michael Jackson Productions, Inc.” and its name was changed to “MJJ Productions, Inc.” in 1982. (UF 6 [Branca Decl. ¶¶ 9-10, Exs. 1-4].) Jackson was MJJ Productions’ sole shareholder at all times until his death. (UF 7 [Branca Decl. ¶ 10; Ex. 21 ¶ 8].) MJJ Ventures was incorporated in 1991. (UF 8 [Branca Decl. ¶ 16; Exs. 6-9].) Jackson was also MJJ Ventures’ sole shareholder at all times until his death. (UF 9 [Branca Decl. ¶ 3; Ex. 22 ¶ 8].) Defendants argue and present undisputed evidence that during all times relevant to this case until June 1, 1994, Jackson was the sole director of both Corporations. (UF 46, 51 [Branca Decl. ¶¶ 12, 16; Exs. 3, 9].) Defendants also present evidence that on June 1, 1994, as sole shareholder and director of both Corporations, Jackson increased the size of the Board of Directors of both Corporations from one director to four directors, with Jackson, John Branca, Marshall Gelfand (Jackson’s business manager), and Sandy Gallin (Jackson’s talent manager) as the four directors of both Corporations. (UF 47, 52 [Branca Decl. ¶¶ 12, 18; Exs. 5, 10].)

In opposition, Plaintiff argues that the evidence demonstrates that Defendants did have control over Jackson and chose to not exert it. (Citing PMF 1-19.) In support of this position, Plaintiff relies upon evidence submitted by Defendants’ containing the governing language of MJJ Productions and MJJ Ventures, as well as the number of directors on the boards of each entity. (See PMFs 4 -10.). Plaintiffs argue that this shows that Defendants had the ability to control Jackson and chose not to exert it. Plaintiff also argues that certain employees of Defendants’ had the ability to control Jackson. Finally, Plaintiff contends that Defendants had a duty to protect foreseeable victims of child sexual abuse such as himself.

In reply, Defendants argue that this evidence does not create a triable issue of material fact as to control. Defendants argue that under Corporations Code section 603(d) and Corporations Code section 303(a), Jackson had the power to remove members of the respective boards at will because he was the sole shareholder of the companies. Corporations Code section 303 provides, “Any or all of the directors may be removed without cause if the removal is approved by the outstanding shares . . ..” (Corp. Code, § 303(a).). In support of this position that Jackson had complete control, Defendants point to Plaintiff’s own evidence that on prior occasions Jackson had in fact overruled two employees. (See Cunny Decl., Ex. 7 74:22-75:17 (Vol. 3).)

The issue for the Court on summary judgment/adjudication is whether Defendants have shifted the burden, and if so, whether Plaintiffs have raised a disputed issue of material fact as to whether Defendants owed Plaintiff a legal duty. The issue of legal duty in this matter centers on whether there are disputed facts as to whether Jackson had complete legal authority over Defendants, or whether Defendants could control Jackson’s business affairs or personal life. As set forth herein, the Court concludes that there are no disputed relevant facts as to this issue. A combination of the California Corporations Code, and the undisputed fact that Jackson was the sole director (until June 1994) and shareholder of the Corporations, leads the Court to conclude that Defendants had no actual ability to control Jackson. As the sole shareholder of both Defendants, Jackson had the sole authority to remove any and all of the board members without cause or notice, and reinstate himself as the sole board member. (Corp. Code §§ 303(a) and 603(a).) Thus, even when there were three additional board members appointed in 1994, they all served at the pleasure of Michael Jackson. Any attempts at discipline would be futile because Defendants had no legal ability to control Jackson. (Cf. Coit Drapery Cleaners Inc. v. Sequoia Ins. Co. (1993) 14 Cal.App.4th 1595, 1605 (in dicta, the court recognized the futility of a corporation attempting to discipline or supervise its majority shareholder who was also its president and chairman of the board.)

As to other employees exerting control over Jackson, Plaintiff’s evidence in support of this contention does not support that position, or create a material issue of disputed fact as to control. For instance, in PMF 15, Plaintiff states that “Defendants’ employees were required to follow Staikos’ [a employee of Defendants] instructions, even if Jackson himself gave different orders. Staikos’ orders controlled” and relies upon the testimony of Charli Michaels to support this position. Michaels’ testimony, however, does not support the broad and powerful proposition offered in PMF 15. Michaels was referring to Staikos’ instructions not to deliver items into Jackson’s bedroom, but to leave them in the kitchen, even if Jackson asked otherwise. (See Cunny Decl., Ex. 3 163:24-164:10 (Vol. 2).) Moreover, Defendants’ objection that the answer misstated the witness’ testimony was preserved at the deposition and is well taken. (Id., Ex. 3 164: 11-12.) As such, Michaels’ testimony does not support the contention that Defendants’ employees could control Jackson’s personal or professional life other than the placement of packages arriving at the residence. Moreover, while Ms. Staikos or Mr. Bray had the authority to hire and fire employees of the Defendants, there is no evidence that they held power over Jackson or his personal actions.

The lack of control is further illustrated by the location where the abuse is alleged to have occurred – Neverland Valley Ranch and a condominium nicknamed “The Hideout,” which were owned solely by Jackson and not by the corporate Defendants. (See FAC ¶¶ 22 and 25; UMF 10.) Defendants submit evidence that they had no authority to govern Jackson’s ingress and egress from these locations, control who visited him at these locations, or govern procedures regarding visitors to these locations. (UMF 12; Branca Decl., ¶ 24.) While Plaintiff disputes this fact, Plaintiff does not submit any evidence in support of that position, other than Defendants’ corporate structure and board of directors, which is irrelevant to this issue. (Plaintiff’s Resp. to UMF 12; PMF 4-10.) Plaintiff does not submit any evidence that Defendants could control Jackson’s behavior at these two locations.

Since Plaintiff cannot create a material issue of disputed fact as to the existence of a special relationship between Defendants and Plaintiff, Plaintiff would be required to show misfeasance on the part of Defendants. In his opposition, Plaintiff conflates misfeasance and nonfeasance. As stated, liability or duty “may not be premised on a defendant’s nonfeasance if the defendant did not create the peril.” (Todd, 19 Cal. App. 4th at 260.) Plaintiff’s reliance on Lugtu v. Cal. Highway Patrol, (2001) 26 Cal. 4th 703 is misplaced since that matter involved misfeasance, or the creation of the peril, specifically, the officer’s directing of the driver to stop in a center median of the freeway where they were later struck by a truck. (Id. at 716-17.) The facts submitted by Plaintiff do not support the conclusion that Defendants created the peril (i.e. Jackson), but at most, after Plaintiff and Jackson had connected (UF 14-17 and 19-21), and after Plaintiff was first molested by Jackson (UF 22-23), Defendants provided transportation, security and similar services. (PMF 25-28 and 51-56.)

There is no evidence supporting Plaintiff’s contention that Defendants exercised control over Jackson. The evidence further demonstrates that Defendants had no legal ability to control Jackson, because Jackson had complete and total ownership of the corporate defendants. Without control, there is no special relationship or duty that exists between Defendants and Plaintiff. In addition, there is no evidence of misfeasance by Defendants. Thus, Plaintiff’s negligence claims fail and Defendants are entitled to summary adjudication on the second through fifth causes of action.
First Cause of Action: Intentional Infliction of Emotional Distress

Defendants argue that they are entitled to summary adjudication on the first cause of action for intentional infliction of emotional distress (“IIED”) because Plaintiff cannot demonstrate “extreme and outrageous conduct” by Defendants. In support of this position, Defendants point to paragraphs 88 and 89 in the fourth amended complaint and argue that there is nothing outrageous about a sole shareholder, in this case Jackson, holding a position of authority that permits that person to conduct his own business affairs. Defendants also point to evidence that contradicts Plaintiff’s allegations in paragraph 88. Defendants argue that they did not put Jackson in positions of authority and that the evidence shows that Jackson created and had ultimate control over the corporations as a result of being the sole shareholder. (UF 7, 9, 45, 49, 50, 54.) Defendants further argue that corporations are not “persons” under Code of Civil Procedure section 340.1(a)(1) and cannot be held liable for intentional infliction of emotional distress under that code section, citing Boy Scouts of America National Foundation v. Superior Court (2012) 206 Cal.App.4th 428, 445. Defendants also contend that the evidence does not show that Plaintiff was procured by the corporations. (UF 13-23.). Defendants also argue that they cannot be held vicariously liable for their employee’s torts.

In opposition, Plaintiff argues that Defendants are liable because they facilitated the abuse and procured children for Jackson. (Opp. 19-20; PMF 24-32 and 39-82.) Plaintiff does not argue, or put forth evidence, in support of his complaint’s allegations set forth in paragraphs 88-89 regarding Defendants placing Jackson in a position of authority or failing to supervise Jackson. Plaintiff also argues that an institution can be held liable, relying upon Hightower v. Roman Catholic Bishop of Sacramento (2006) 142 Cal.App.4th 759. In reply, Defendants argue that they cannot be held directly liable under Code of Civil Procedure section 340.1(a)(1) and that such claims fail as matter of law under Boy Scouts of America.

In Boy Scouts of America, the Court of Appeal in the context of the statute of limitations rejected liability for IIED for a corporation under section 340.1(a)(1). (Boy Scouts of America, 206 Cal.App.4th at 444-45.) The Court explained, “Even assuming that plaintiffs’ action was brought against the Boy Scouts in the capacity of perpetrators (whether as aiders and abettors or as child procurers under Penal Code section 266j), the Boy Scouts remain, as alleged in the complaint, corporate entities to which subdivision (a)(1) of section 340.1 does not apply.” (Id. at 445; see also Pen. Code, § 266j [“Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available to another person, a child under the age of 16 for the purpose of any lewd or lascivious act as defined in Section 288, or who causes, induces, or persuades a child under the age of 16 to engage in such an act with another person, is guilty of a felony and shall be imprisoned in the state prison for a term of three, six, or eight years, and by a fine not to exceed fifteen thousand dollars ($15,000).”]) The Court reasoned that 340.1(a)(1) did not apply to the Boy Scouts because the legislature omitted entities from that subdivision — “[a] ‘person’ for purposes of subdivision (a)(1) may not be defined to include an entity defendant. [Such] interpretation is confirmed by the legislative history of section 340.1, subdivisions (a)(1)–(3) and (b)(1).” (Id. at 447.) While Plaintiff relies upon Hightower, 142 Cal.App.4th 759, that matter involved section 340.1’s limitations period, and the delayed discovery rule and not the entity exclusion of section 340.1. Hightower, 142 Cal.App.4th at 768.

Since Plaintiff admits that he is attempting to hold Defendants directly liable under a theory of procurement, i.e. direct liability for sexual abuse, and since such claims are not available against entities, Defendants are entitled to summary adjudication on this claim.
Sixth Cause of Action: Breach of Fiduciary Duty

Defendants argue that they are entitled to summary adjudication on the sixth cause of action because there is no triable issue of material fact as to whether a fiduciary relationship between Plaintiff and Defendants existed or whether those fiduciary duties were breached.

“Whether a fiduciary duty exists is generally a question of law. [Citation.]” (Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1599, 71 Cal.Rptr.3d 361.) A fiduciary relationship is created when a party either (1) knowingly undertakes to act on behalf and for the benefit of another, or (2) enters into a relationship which imposes that undertaking as a matter of law. (City of Hope Nat. Med. Ctr. v. Genentech, Inc., (2008) 43 Cal.4th 375, 386 (2008).) “In general, employment-type relationships are not fiduciary relationships. (Amid v. Hawthorne Community Medical Group, Inc. (1989) 212 Cal.App.3d 1383, 1391.) In the absence of a fiduciary relationship, there can be no breach of fiduciary duty as a matter of law. (O’Byrne v. Santa Monica-UCLA Medical Center (2001) 94 Cal.App.4th 797, 811–812.)

Defendants argue that there is no evidence that Defendants either undertook an act or entered into a relationship that would impose such a duty. Defendants argue that the evidence demonstrates that there were two potential relationships that Plaintiff had with Defendants. Robson appeared in three music videos for Jackson, and Robson was part of a rap group that released an album on a label created by MJJ Ventures. (UF 60 – 61.) Defendants argue that this sort of relationship, performer – studio/record company are not fiduciary in nature citing Wolf v. Superior Court (2003) 107 Cal.App.4th 25. Defendants also argue that there is no evidence that Plaintiff was placed under the care and supervision of either corporation. Defendants contend that it is undisputed that the corporations were not child care businesses. (UF 63-64.).

In opposition, Plaintiff argues that as a minor employee, he entered into a confidential and trusting relationship with Jackson. Plaintiff also argues that Defendants had physical custody of Plaintiff through Jackson. Plaintiff contends Defendants were child care businesses. In reply, Defendants argue that there is no evidence that Plaintiff was in a confidential relationship with Defendants individually apart from Jackson. Defendants argue that the evidence shows that the relationship with Jackson arose independent of the corporations, and prior to Plaintiff’s employment. (UF 13-23, 31, 33, 34.)

Once again, the issue for the Court is whether there are any disputed facts that could potentially give rise to the creation of a fiduciary duty. Here, there is no evidence that Plaintiff was in a trusting relationship with the individual corporate Defendants, even if there is evidence of such a relationship with Jackson. (See PMF 48-56 (concerning Jackson only).) Plaintiff further argues that Defendants and Jackson had physical custody of Plaintiff, who was a minor. Plaintiff, however, has not alleged any facts demonstrating that Defendants had a duty to control the conduct of Plaintiff as a parent would or that Defendants had physical custody of Plaintiff. (See Poncher v. Brackett (1966) 246 Cal.App.2d 769, 773–774 (raw allegations that parents stood in relation of loco parentis insufficient as a matter of law.) Since the undisputed evidence shows that Plaintiff did not enter into a relationship with Defendants that would impose a fiduciary duty, Defendants are entitled to summary adjudication on this cause of action.

[1] The Court notes that Plaintiff included full deposition transcripts. California Rules of Court, Rule 3.1116(b) provides, “Other than the title page, the exhibit must contain only the relevant pages of the transcript. The original page number of any deposition page must be clearly visible.” (CRC Rule 3.1116(b).) Plaintiff does not cite entire depositions. Plaintiff should have only included the portions that were cited in the opposition, and should have highlighted the relevant portions in “a manner that calls attention to the testimony.”

Clive Davis Sets 2nd Grammy Gala for May 15th with Paul Simon, Elton John, Dionne Warwick, Queen, Santana, More

Roger Friedman
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Clive Davis Sets 2nd Grammy Gala for May 15th with Paul Simon, Elton John, Dionne Warwick, Queen, Santana, More

Look at this release I just got. Holy moley! I’m just re-printing it because what I can say? Clive got over his Bell’s Palsy like a champ, and now he’s pulling out all the stops again! Zoom, zoom, zoom!

Entertainment royalty Elton John, Paul Simon, Queen’s Brian May and Roger Taylor, Joni Mitchell,  John Mellencamp, Carlos Santana, Rob Thomas, Berry Gordy, Dionne Warwick, Barry Manilow, Earth Wind & Fire, Slash, Dave Grohl,media icon Oprah Winfrey, four-time Grammy Award-winner H.E.R. and Billboard Number 1 Album star DaBaby will share some of their most intimate moments with the legendary Clive Davis on Saturday, May 15 when the “The Man With The Golden Ears” hosts PART II of his infamous “Pre-Grammy Gala.” The glittering event follows the extraordinary success of PART I which took place to rave reviews from around the world on January 30.   

PART I, which benefited MusicCares, featured Davis interviewing an unprecedented array of music icons and global superstars, including: Bruce Springsteen, Rod Stewart, Sean Combs, Jamie Foxx, Alicia Keys, Barry Gibb, Gladys Knight, Jennifer Hudson and John Legend.   The event was attended virtually via the Moment House streaming platform by more than 2,000 leaders from the worlds of music, film, television, sports, politics and business.  Attendees included: The Honorable Nancy Pelosi, Cardi B, Offset, Quincy Jones, Megan Thee Stallion, Tom Hanks, Rita Wilson, Cyndi Lauper, Cameron Crowe, Nicole Kidman, Keith Urban, Cher, Casey Affleck, the Honorable Stacey Abrams, New York Yankees great C.C. Sabathia, and Ludacris.  

Davis said: “Part I was truly memorable… a special lifetime night.   You just won’t believe what we have in store for PART II.  I am deeply privileged to be joined by some of the greatest artists ever while paying tribute to several of the most electrifying live performances in music history.”

Similar to PART I, the second installment of the Pre-Grammy Gala – this time benefiting the Grammy Museum in Los Angeles – will celebrate some of the greatest live performances of all time.   As before, this highly anticipated and coveted list of performances, compiled exclusively by Davis, will be revealed during the event and will include never before seen footage.

“Jeopardy!” Rebounds From Ratings Low as Green Bay QB Aaron Rodgers Recovers the Show from Dr. Oz

Roger Friedman
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“Jeopardy!” Rebounds From Ratings Low as Green Bay QB Aaron Rodgers Recovers the Show from Dr. Oz

Green Bay QB Aaron Rodgers scored a victory the week of April 11th hosting “Jeopardy!”

Rodgers returned the venerable game show from its series low ratings to 5.6 million viewers. It was a 14% rebound from the mess made by Dr. Oz the prior two weeks.

But don’t get too excited. Rodgers only equaled the numbers of Katie Couric. He did not return the show to the 6 million number maintained by Ken Jennings.

Still, Rodgers recovered the show from a miserable moment. We won’t know if this carried through for his second week until next Tuesday. This week and next, Anderson Cooper is the host.

“Jeopardy!” even with 5.6 million was the number 1 syndicated game show of the week.

 

Tribeca Film Festival Goes Light on Stars But Does Have Acting “Debut” of Bob Dylan’s Grandson

Roger Friedman
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Tribeca Film Festival Goes Light on Stars But Does Have Acting “Debut” of Bob Dylan’s Grandson

The Tribeca Film Festival, happening in June, is going light on stars. But it does have the 2nd feature film appearance of Bob Dylan’s grandson, Levi.

What???? Jakob Dylan of the Wildflowers, one of Bob’s sons, has his own 27 year old progeny named Levi. He looks a clone of Jakob and Bob. How is this possible? Well, Jakob got married in 1992 when he was 23. And now I feel very, very old.

Levi is featured in “12 Mighty Orphans,” directed by Ty Roberts and starring Luke Wilson, Vinessa Shaw, Martin Sheen, Robert Duvall, Wayne Knight, Jake Austin Walker, Scott Haze, and Jacob Lofland. Sony is releasing it.

Otherwise most of the films are without actors with recognizable names. I’ve never seen anything like it. But that will make it indie, and there will be lots of discoveries. That will be very exciting.

And the opening night film is “In the Heights,” based on Lin Manuel Miranda’s musical. Opening night is June 9th up at the United Place Theater in Washington Heights. Capacity is 3,000, so maybe 1,000 people can attend. I will not be going, but some people may be brave enough to go for it.

U.S. NARRATIVE COMPETITION

Catch the Fair One, directed and written by Josef Kubota Wladyka. Produced by Mollye Asher, Kimberly Parker, Josef Kubota Wladyka. (United States) – World Premiere. In this absorbing revenge thriller executive produced by Darren Aronofsky, a Native American boxer embarks on the fight of her life when she goes in search of her missing sister. With Kali Reis, Daniel Henshall, Tiffany Chu, Michael Drayer, Kimberly Guerrero, Lisa Emery, Kevin Dunn.

God’s Waiting Room, directed and written by Tyler Riggs. Produced by Tyler Riggs, Suvi Riggs. (United States) – World Premiere. As the summer drags on in central Florida, a young musician, a charismatic hustler, and a man adjusting to life after prison intersect on a dangerous path. With Nisalda Gonzalez, Matthew Leone, Tyler Riggs, Michelle Nuñez, Ray Benitez, Renata Eastlick. In English, Spanish with English subtitles.

Mark, Mary & Some Other People, directed and written by Hannah Marks. Produced by Hannah Marks, Pete Williams, Jon Lullo, Brendan Walter, Jonathan Duffy, Kelly Williams. (United States) – World Premiere. Young newlyweds Mark and Mary agree to try exploring other sexual partners, with surprising results in this unexpectedly charming love story from writer/director Hannah Marks. With Ben Rosenfield, Hayley Law, Odessa A’Zion, Nik Dodani, Matt Shively, Sofia Bryant.

The Novice, directed and written by Lauren Hadaway. Produced by Ryan Hawkins, Kari Hollend, Steven Sims, Zack Zucker. (United States) – World Premiere. Isabelle Fuhrman (Orphan, 2009) plays Alex Dal, a queer college freshman who joins her university’s rowing team and undertakes an obsessive physical and psychological journey to make it to the top varsity boat, no matter the cost. With Isabelle Fuhrman, Amy Forsyth, Dilone Kate Drummond, Jonathan Cherry, Charlotte Ubben.

Poser, directed by Ori Segev, Noah Dixon, written by Noah Dixon. Produced by Drew Johnson, Juli Sasaki, Brett Reiter, Josh Nowak. (United States) – World Premiere. Lennon observes on the sidelines of the thriving Columbus indie music scene, yearning for a personal connection that might shepherd her into the inner sanctum. Enter the enigmatic Bobbi Kitten, who takes Lennon under her confident wing—unwittingly entangling herself in a dark obsession. With Sylvie Mix, Bobbi Kitten.

Queen of Glory, directed and written by Nana Mensah. Produced by Jamund Washington, Kelley Robins Hicks, Baff Akoto, Nana Mensah, Anya Migdal. (United States) – World Premiere. Ghanaian-American Sarah is all set to abandon her Ivy League doctoral program to follow her married lover across the country. Her plans are derailed, however when her mother’s sudden death leaves her the owner of a neighborhood bookshop in the Bronx. With Nana Mensah, Meeko Gattuso, Oberon KA Adjepong, Adam Leon. *Part of the Juneteenth programming

DOCUMENTARY COMPETITION

All These Sons, directed by Bing Liu, Joshua Altman. Produced by Zak Piper, Kelsey Carr, Bing Liu, Joshua Altman. (United States) – World Premiere. On Chicago’s South and West sides, the scourge of guns and gangs is destroying countless lives. Taking matters into their own hands, two men dedicate their lives educating, empowering and healing young Black men at high risk for being victims—or perpetrators—of deadly gun-violence.

Ascension (Ascension 登楼叹), directed by Jessica Kingdon. Produced by Kira Simon-Kennedy, Jessica Kingdon, Nathan Truesdell. (United States) – World Premiere. The absorbingly cinematic Ascension explores the pursuit of the “Chinese Dream Driven by mesmerizing—and sometimes humorous—imagery, this observational documentary presents a contemporary vision of China that prioritizes productivity and innovation above all. In Chinese with English subtitles.

Blind Ambition, directed by Robert Coe, Warwick Ross, written by Warwick Ross, Robert Coe, Paul Murphy, Madeleine Ross. Produced by Warwick Ross, Robert Coe. (Australia) – World Premiere. The inspiring story of four Zimbabwean men who form their country’s first Wine Tasting Olympics team and the mission that drives them to compete. In English, Shona with English subtitles.

Fathom, directed by Drew Xanthopoulos. Produced by Megan Gilbride. (United States) – World Premiere. Filmmaker & cinematographer Drew Xanthopoulos delivers a visual and aural wonder of a documentary—an immersive and sensorial film that follows researchers working to finally decode the communication of humpback whales. With Dr. Michelle Fournet, Dr. Ellen Garland. An Apple TV+ release.

The Kids, directed by Eddie Martin. Produced by Shannon Swan. (Australia) – World Premiere. 26 years after indie cult classic Kids was released to an unsuspecting nation, this documentary explores the divergent paths of the original cast, delivering an unflinching look back at one of the most iconic films of the 1990’s.

Like a Rolling Stone: The Life & Times of Ben Fong-Torres, written, directed and produced by Suzanne Joe Kai. (United States) – World Premiere. Suzanne Joe Kai’s intimate documentary shows us how the Rolling Stone writer and editor defined the cultural zeitgeist of the ’60s and ’70s. With Ben Fong-Torres, Cameron Crowe, Annie Leibovitz, Carlos Santana, Elton John, Steve Martin, Bob Weir, Quincy Jones, and more.

On the Divide, directed and written by Leah Galant, Maya Cueva. Produced by Diane Becker, Melanie Miller, Amanda Spain, Elizabeth Woodward. (United States) – World Premiere. On the Divide brings us into the lives of three Latinx people in McAllen Texas, whose different beliefs end up coming to a head at the last abortion clinic in the US/Mexico border. In English, Spanish with English subtitles.

The Scars of Ali Boulala, directed by Max Eriksson, written by Max Eriksson, Mikel Cee Karlsson. Produced by Mario Adamson, Ashley Smith. (Sweden, Norway) – World Premiere. In Max Eriksson’s audacious debut, Swedish skateboarding prodigy Ali Boulala—alongside other pros like Rune Glifberg and Arto Saari—looks back on the DIY videos and fast-paced lifestyle of his coming-of-age in the ’90s skating scene. With Ali Boulala, Rune Glifberg, Arto Saari, Ewan Bowman, Dustin Dollin, Kevin “Spanky” Long. In English, Finnish, Swedish with English subtitles.

INTERNATIONAL NARRATIVE COMPETITION

All My Friends Hate Me, directed by Andrew Gaynord, written by Tom Palmer, Tom Stourton. Produced by Tom Palmer. (UK) – World Premiere. Genuine but increasingly insecure Pete is cautiously excited about reuniting with his college crew for a birthday weekend of memories, partying and earnest reconnection at a picturesque English manor. Best laid plans, dear audience. With Tom Stourton, Charly Clive, Georgina Campbell, Joshua Mcguire, Antonia Clarke.

Brighton 4th, directed by Levan Koguashvili, written by Boris Frumin, Levan Koguashvili. Produced by Irakli Rodonaya, Olena Yershova, Levan Koguashvili. (Bulgaria, Georgia, Monaco, Russia, United States) – World Premiere. Tribeca shorts alum Levan Koguashvili returns to the festival with this warm and sensitively rendered story of a Georgian wrestler, Kakhi, en route to Brooklyn to help his son out of a gambling debt. With Levan Tediashvili, Nadezhda Mikhalkova, Giorgi Tabidze, Kakhi Kavsadze. In English, Georgian, Russian with English subtitles.

Do Not Hesitate, directed by Shariff Korver, written by Jolein Laarman. Produced by Leontine Petit. (Netherlands) – World Premiere. A truck carrying a Dutch military convoy on a peacekeeping mission breaks down somewhere in the desert. As a group of soldiers waits for a repair team to arrive, they encounter a local boy who refuses to leave. With Joes Brauers, Tobias Kersloot, Spencer Bogaert, Omar Alwan. In Arabic, Dutch, English with English subtitles.

Roaring 20’s (Années 20), directed by Elisabeth Vogler, written by François Mark, Elisabeth Vogler, Noémie Schmidt, Joris Avodo. Produced by Laurent Rochette. (France) – World Premiere. In a single unbroken shot, Roaring 20’s gives viewers the chance not only to travel to Paris, but to live a day in the life there during the COVID-19 pandemic. Audiences can experience first hand both the universality of life in 2020, as well as the specificity and beauty of a summer day in the French capital. With Vladimir Seguin, Alice de Lencquesaing, Noémie Schmidt, Aurore Déon, Manuel Severi, Adil laboudi, Zoé Fauconnet, Léo Poulet, Fanny Santer, Lila Poulet-Berenfeld, Lilou Guillot, Elsa Guedj, Guillaume Pottier, Mehdi Djaadi, François Mark, Margaux Bonin, François De Brauer, François Rollin, Elie Salleron, Joris Avodo, Paul Scarfoglio, Léa Moret, Elise Tilloloy, Jean Thevenin. In French with English subtitles.

Souad, directed by Ayten Amin, written by Mahmoud Ezzat, Ayten Amin. Produced by Sameh Awad. (Egypt, Tunisia, Germany) – International Premiere. Amin’s assured, harrowing debut follows an Egyptian university student (a breakout Bassant Ahmed) who leads a double life, presenting different versions of herself to her conservative society and her tradition-flaunting peers. With Bassant Ahmed, Basmala Elghaiesh, Hussein Ghanem, Hager Mahmoud, Sarah Shedid, Carol Ackad. In Arabic with English subtitles.

Wild Men (Vildmænd), directed by Thomas Daneskov, written by Thomas Daneskov, Morten Pape. Produced by Lina Flint. (Denmark) – World Premiere. Hilariously ill-equipped to live off the land yet clad in a Neanderthal-like ensemble of animal skins, Martin wanders the Norwegian forest in a misguided attempt to find a sense of purpose and independence, a wife and two children back at home be damned. With Rasmus Bjerg, Zaki Youssef, Sofie Gråbøl, Bjørn Sundquist. In Danish with English subtitles.

SPOTLIGHT NARRATIVE

12 Mighty Orphans, directed by Ty Roberts. Produced by Houston Hill, Brinton Bryan, Michael De Luca, Angelique De Luca, Ty Roberts. (United States) – New York Premiere. The true story of the Mighty Mites, the football team of a Fort Worth orphanage who, during the Great Depression, went from playing without shoes—or even a football—to playing for the Texas state championships. Over the course of their winning season these underdogs and their resilient spirit became an inspiration to their city, state, and an entire nation in need of a rebound, even catching the attention of President Franklin D. Roosevelt. With Luke Wilson, Vinessa Shaw, Martin Sheen, Robert Duvall, Wayne Knight, Jake Austin Walker, Scott Haze, Levi Dylan, Jacob Lofland. A Sony Pictures release.

False Positive, directed by John Lee, written by John Lee & Ilana Glazer. Produced by John Lee, Ilana Glazer, Jonathan Wang. (United States) – World Premiere. After fertility struggles, a couple seem to have found their savior in a celebrated reproductive specialist. But as hope transforms to happiness, the now-expectant mother is thrown into a spiral of suspicion, threatening her grasp on reality. With Ilana Glazer, Justin Theroux, Gretchen Mol, Sophia Bush, Zainab Jah, and Pierce Brosnan. A Hulu release.

How It Ends, directed and written by Daryl Wein, Zoe Lister-Jones. Produced by Daryl Wein, Zoe Lister-Jones. (United States) – New York Premiere. It’s the end of the world as we know it…and Liza feels…fine?! Featuring a who’s who of comedic favorites, and shot completely during the quarantine of 2020, How It Ends is a hilarious and poignantly resonant, pre-apocalyptic comedy for our collective ages. With Zoe Lister-Jones, Cailee Spaeny, Olivia Wilde, Fred Armisen, Helen Hunt, Lamorne Morris, Nick Kroll.

India Sweets and Spices, directed and written by Geeta Malik. Produced by Gigi Pritzker, John Penotti, Naomi Despres, Sidney Kimmel. (United States) – World Premiere. In Geeta Malik’s fresh and fun take on the classic coming of age story, a college freshman confronts her parents’ values in order to understand her own evolving identity. With Sophia Ali, Manisha Koirala, Adil Hussain, Deepti Gupta, Rish Shah.

Italian Studies, directed and written by Adam Leon. Produced by Brad Becker-Parton, Joshua Astrachan, Jamund Washington, Andrea Roa, Jason Reif. (United States) – World Premiere. A mysterious woman (Vanessa Kirby) wanders the streets of Manhattan in a confused state. Finding herself inexplicably drawn to a charismatic teenager, she embarks on an adventure with him through the cityscape and into the unknown. With Vanessa Kirby, Simon Brickner, Annika Wahlsten, Annabel Hoffman.

The Last Film Show, directed and written by Pan Nalin. Produced by Dheer Momaya. (India) – World Premiere. A 9-year-old boy in a remote village in India begins a lifelong love affair with cinema when he bribes his way into a rundown movie palace and spends a Summer watching movies from the projection booth. With Bhavin Rabari, Vikas Bata, Richa Meena, Bhavesh Shrimali, Dipen Raval, Rahul Koli. In Other with English subtitles.

Opening Night Film Spotlight Section

No Man of God, directed by Amber Sealy, written by Kit Lesser. Produced by Daniel Noah, Lisa Whalen, Elijah Wood, Kim Sherman. (United States) – World Premiere. To better understand the infamous serial killer’s crimes, FBI investigator Bill Hagmaier sits down with Ted Bundy for multiple jailhouse interviews over five years. Their conversations lead to unexpected results, both philosophically and personally. With Elijah Wood, Luke Kirby, Aleksa Palladino, Robert Patrick.

Werewolves Within, directed by Josh Ruben, written by Mishna Wolff. Produced by Jason Altman, Margaret Boykin, Andrew Lieberman, Natalie Metzger, Matt Miller, Benjamin Wiessner, Sam Richardson. (United States) – World Premiere. In Josh Ruben’s video game-inspired horror-comedy, a newly assigned forest ranger checks into a quaint Vermont inn just as a snowstorm cuts him and the eccentric townsfolk off from civilization. Yet frigid weather isn’t their biggest concern—that’d be the bloodthirsty creature picking them off one by one. With Sam Richardson, Milana Vayntrub, Michaela Watkins, Cheyenne Jackson, Glenn Fleshler. An IFC Films release

SPOTLIGHT DOCUMENTARY

A-ha the Movie, directed and written by Thomas Robsahm, co-directed by Aslaug Holm. Produced by Yngve Sæther. (Norway, Germany) – World Premiere. Featuring new interviews and behind-the-scenes footage, Thomas Robsahm’s portrait of the band behind “Take On Me” follows their creative adventures and challenges after reaching global superstardom—all set to their catchiest synth hooks. With Morten Harket, Magne Furuholmen, Pål Waaktaar-Savoy. In English, Norwegian with English subtitles.

Bernstein’s Wall, directed and written by Douglas Tirola. Produced by Susan Bedusa. (United States) – World Premiere. An enlightening, complex look at one of the greatest figures in 20th century classical music whose passion and creativity guided him well beyond the concert hall. With Leonard Bernstein.

BITCHIN’: The Sound and Fury of Rick James, directed by Sacha Jenkins, written by Sacha Jenkins, Steve Rivo, Jason Pollard. Produced by Steve Rivo. (United States) – World Premiere. This incredibly entertaining profile of legendary funk/R&B icon Rick James captures the peaks and valleys of his storied career to reveal a complicated and rebellious soul, driven to share his talent with the world. A Showtime Documentary Films release. *Part of the Juneteenth programming

A Choice of Weapons: Inspired by Gordon Parks, directed by John Maggio. Produced by John Maggio, Monica Berra, Richard Lowe, George Kunhardt, Teddy Kunhardt, Matthew Henderson (United States) – World Premiere. This documentary chronicles renaissance man Gordon Parks’ stellar career from staff photographer for LIFE magazine, through his artistic development photographing everyday Americans, through his evolution as a novelist and groundbreaking filmmaker. An HBO Documentary Films release. *Part of the Juneteenth programming

Lady Boss: The Jackie Collins Story, directed by Laura Fairrie. Produced by John Battsek, Lizzie Gillett. (UK) – World Premiere. Literary phenomenon. Revolutionary storyteller. Feminist icon. Novelist Jackie Collins’s trailblazing and glamorous life is remembered and reconsidered in Laura Fairrie’s admiring documentary portrait. A CNN Films Release.

LFG, directed by Andrea Nix Fine, Sean Fine, written by Andrea Nix Fine. Produced by Andrea Nix Fine, Sean Fine, Abby Greensfelder. (United States) – World Premiere. Academy Award® Oscar winners Andrea Nix Fine and Sean Fine take us inside the U.S. women’s national soccer league and their continuing fight for equal pay in an effort to create real change in women’s sports. With Megan Rapinoe, Jessica McDonald, Becky Sauerbrunn, Kelley O’Hara, Christen Press, Sam Mewis, Julie Foudy. An HBO Max release.

The Lost Leonardo, directed by Andreas Koefoed. Produced by Andreas Dalsgaard, Christoph Jörg. (Denmark, France, Sweden) – World Premiere. The Lost Leonardo tells the inside story behind the Salvator Mundi, the most expensive painting ever sold at $450 million, claimed to be a long-lost masterpiece by Leonardo da Vinci. From the moment it is purchased from a shady New Orleans auction house, and its buyers discover masterful brushstrokes beneath its cheap restoration, the fate of the Salvator Mundi is driven by an insatiable quest for fame, money and power. But as its price soars, so do questions about its authenticity. Is this multi-million dollar painting actually by Leonardo – or do certain power players simply want it to be? Unravelling the hidden agendas of the world’s richest men and most powerful art institutions, The Lost Leonardo reveals how vested interests became all-important, and the truth secondary. With Dianne Modestini, Yves Bouvier, Christian Kirk Muff, Robert Simon, Alexander Parish, Luke Syson, Martin Kemp, Frank Zöllner, Jacques Franck. A Sony Pictures Classics Release.

The Price of Freedom, directed by Judd Ehrlich. Produced by Judd Ehrlich, Aidan Tumas, Elena Gaby. (United States) – World Premiere. The NRA has become an increasing force of political influence, challenging gun control legislation as a direct attack on personal freedom. This deep dive into American gun culture is a passionate call to action. With Rep. Gabby Giffords, Sen. Chris Murphy, Rep. Lucy McBath, David Keene, Fred Guttenberg, Nicole Hockley, X González.

Roadrunner: A Film About Anthony Bourdain, directed by Morgan Neville. Produced by Caitrin Rogers, Morgan Neville. (United States) – World Premiere. Bad boy chef. Bestselling author. Global adventurer. Academy Award® winner Morgan Neville’s (20 Feet From Stardom) documentary brims with the same energy, curiosity, and deep humanity that made Anthony Bourdain the superstar whose life touched so many. A CNN Films, HBO Max and Focus Features release. Spotlight Documentary.

Stockholm Syndrome, directed by The Architects. Produced by Matthew Perniciaro, Michael Sherman, Bow and Arrow Entertainment, Olive Hill Media. (United States, Sweden) – World Premiere. Musician and cultural icon A$AP Rocky explores his life and career while fighting for his freedom after being arrested in Stockholm, Sweden. Placed in solitary confinement amidst the rising tensions of the case becoming a global media storm reaching the highest levels of government, Rocky contemplates who he truly is and how this experience will shape who he is meant to become. With A$AP Rocky.

Wolfgang, directed by David Gelb, written by Brian McGinn. Produced by Jason Sterman, Brian McGinn, David Gelb. (United States) – World Premiere. From acclaimed filmmaker and Tribeca alum David Gelb (Jiro Dreams of Sushi, Chef’s Table) comes another mouthwatering delight of a film about one of the first “celebrity chefs” to rule the scene and a pioneer in the world of California cuisine, Wolfgang Puck. With Wolfgang Puck, Barbara Lazaroff, Byron Puck, Christina Puck, Nancy Silverton, Evan Funke, Ruth Reichl, Laurie Ochoa & Michael Ovitz. In Austro-Bavarian, English with English subtitles. A Disney+ release.

VIEWPOINTS

7 Days, directed by Roshan Sethi, written by Karan Soni, Roshan Sethi. Produced by Liz Cardenas, Mel Eslyn. (United States) – World Premiere, Feature Narrative. As if their pre-arranged date, organized by their traditional Indian parents, wasn’t uncomfortable enough, Ravi and Rita are forced to shelter in place together as COVID-19’s reach intensifies. Hopefully for their sake, opposites do indeed attract. With Karan Soni, Geraldine Viswanathan, Mark Duplass, Zenobia Shroff, Aparna Nancherla, Gita Reddy, Jeffrey Self.

Accepted, directed by Dan Chen. Produced by Jason Y. Lee, Dan Chen, Jesse Einstein, Mark Monroe. (United States) – World Premiere, Feature Documentary. The ambitious students of the TM Landry Prep School enjoyed a remarkable 100% acceptance rate into the county’s most elite colleges until an explosive NY Times article exposed the controversial teaching methods of its dynamic founder.

as of yet, directed by Chanel James, Taylor Garron, written by Taylor Garron. Produced by Ashley Edouard, Taylor Garron. (United States) – World Premiere, Feature Narrative. Told entirely through video calls and digital diaries, Naomi (Taylor Garron who also wrote and co-directs) navigates a problematic roommate and a burgeoning romance all while locked down during the Coronavirus pandemic. With Taylor Garron, Eva Victor, Amir Khan, Quinta Brunson, Ayo Edebiri. *Part of the Juneteenth programming

The Beta Test, directed and written by Jim Cummings, PJ McCabe, written by Jim Cummings, PJ McCabe. Produced by Vanishing Angle. (United States) – North American Premiere, Feature Narrative. After indulging in a mysterious, toe-curling sexual encounter, a Hollywood talent agent frantically struggles to keep his career, his relationship, and his sanity from unravelling in Jim Cummings’ satirical thriller. With Jim Cummings, Virginia Newcomb, PJ McCabe, Jessie Barr, Keith Powell, Kevin Changaris. In English, Mandarin, Swedish with English subtitles. An IFC Films release.

Building a Bridge, directed by Evan Mascagni, Shannon Post. Produced by Evan Mascagni, Shannon Post, Nick Capezzera. (United States) – World Premiere, Feature Documentary. Building a Bridge profiles Father James Martin, an outspoken New York-based priest and author who works to connect the Catholic Church with the LGBTQ+ community through compassion, inclusion, love, and acceptance.

The Conductor, directed by Bernadette Wegenstein, written by Bernadette Wegenstein and Stefan Fauland. Produced by Annette Porter. (United States) – World Premiere, Feature Documentary. In this exhilarating documentary, Leonard Bernstein’s protégée Marin Alsop reveals how she smashed the glass ceiling to become an internationally renowned conductor.

The Death Of My Two Fathers, directed by Sol Guy, written by Sol Guy, Matthew Cooke, Shoshana Guy. Produced by Stine Moisen, Sol Guy. (United States) – US Premiere, Feature Documentary. After putting it off for twenty years, filmmaker Sol Guy finally confronts the six tapes his father recorded before dying. Using those tapes as a framework, Guy recounts his family’s story—and his own—for his two teenage kids. With Sol Guy, William Guy, Travestine Guy, Freye Parkhouse, Barbara Ogletree, Leora Gesser. *Part of the Juneteenth programming

The Justice of Bunny King, directed by Gaysorn Thavat, written by Sophie Henderson. Produced by Emma Slade. (New Zealand) – World Premiere, Feature Narrative. Bunny, a woman at the outskirts of society, fights to be reunited with her children. When her teenage niece needs help, Bunny takes her under her wing, and together, they make a stand against the cards they’ve been dealt. With Essie Davis, Thomasin McKenzie.

The Legend of the Underground, directed and produced by Giselle Bailey, Nneka Onuorah. (Nigeria, United States) – World Premiere, Feature Documentary. A timely documentary uncovering rampant homophobia in Nigeria while exploring the lives of several gay men who must choose to live imperiled lives there or flee to the USA. With James Brown Obialor, Micheal Ighadaro, Edafe Okporo, Ayodeji Otuyelu, Olaide Kayode Timileyin. An HBO Documentary Films release. *Part of the Juneteenth programming

North By Current, directed and written by Angelo Madsen Minax. Produced by Felix Endara. (United States) – North American Premiere, Feature Documentary. A thoughtful, provocative rumination on identity and familial responsibility, North By Current turns an unflinching eye toward a family in the process of repair.

Perfume de Gardenias, directed by Macha Colón, written by Gisela Rosario Ramos. Produced by Arleen Cruz-Alicea, Consuelo Castillo, Adriana Ángel, Gisela Rosario Ramos. (Puerto Rico, Colombia) – World Premiere, Feature Narrative. After the death of her husband, a grieving elderly woman is enlisted by a coterie of gossipy elderly women in her neighborhood to plan and create custom funerals – offering seniors a chance to plan in advance how they want their funerals to be presented, and how they want their lives to be celebrated. With Luz María Rondón, Sharon Riley, Katira Álvarez, Carmen Nydia Velázquez, Carmen Milagros Ortiz, Flor Joglar, Abner Rivera. In Spanish with English subtitles.

Sisters on Track, directed by Corinne van der Borch, Tone Grøttjord. Produced by Anita Rehoff Larsen, Tone Grottjord. (United States) – World Premiere, Feature Documentary. A coming of age story set in New York, Sisters on Track is about hope, belonging, and the metaphorical and literal sisterhood of young athletes Tai, Rainn, and Brooke Sheppard. A Netflix release.

Wu hai, directed and written by Ziyang Zhou. Produced by Luna Wang, Yini Qian, Li Zhu (China) – North American Premiere, Feature Narrative. A dinosaur theme park in the desert of Inner Mongolia is the setting for this remarkable dynamic drama in which a man’s whole world unravels over the course of three fateful days. With Xuan Huang, Zishan Yang, Tumen. In Chinese with English subtitles.

MIDNIGHT

Shapeless, directed by Samantha Aldana, written by Kelly Murtagh, Bryce Parsons-Twesten. Produced by Lizzie Guitreau, R. Todd Campbell, William Ramsey, Brian C. Miller Richard. (United States) – World Premiere, Feature Narrative. Out in public, Ivy is a New Orleans lounge singer trying to make a name for herself. When alone, though, she suffers from a terrifying eating disorder. And the more she hides her struggles, the stronger her inner demons become. With Kelly Murtagh, Bobby Gilchrist, Jamie Neumann, Marco Dapper, Erika Ashley, Gralen Bryant Banks.

Ultrasound, directed by Rob Schroeder, written by Conor Stechschulte. Produced by Rob Schroeder, Georg Kallert, Charlie Prince. (United States) – World Premiere, Feature Narrative. After his car breaks down, Glen spends one hell of an odd night with a married couple, setting into motion a chain of events that alter their lives plus those of several random strangers. With Vincent Kartheiser, Chelsea Lopez, Breeda Wool, Tunde Adebimpe, Rainey Qualley, Bob Stephenson.

We Need To Do Something, directed by Sean King O’Grady, written by Max Booth III. Produced by Bill Stertz, Josh Malerman, Ryan Lewis, Peter Block. (United States) – World Premiere, Feature Narrative. Trapped inside their bathroom for days after a tornado ravages their home, a family of four struggles to keep their composure. That’s nothing, however, compared to what’s coming for them beyond the bathroom’s walls. With Sierra McCormick, Vinessa Shaw, Pat Healy, Lisette Alexis, John James Cronin.

MOVIES PLUS

The Father of the Cyborgs, directed and written by David Burke. Produced by David Burke, Sean O’Cualain. (Ireland) – World Premiere, Feature Documentary. Dr. Kennedy made headlines for implanting electrodes in the brain of a paralyzed man then teaching the patient to control a computer. After much controversy he later began experimenting on himself.
After the Movie: A conversation with the filmmakers and scientific experts about Dr. Phil Kennedy’s extraordinary work and legacy within his field of computer-brain interface and beyond. Hosted by the Alfred P. Sloan Foundation.

The Neutral Ground, directed and written by CJ Hunt. Produced by Darcy McKinnon. (United States) – World Premiere, Feature Documentary. With sharp humor and a critical sense of curiosity, comedian CJ Hunt documents the fraught removal of four Confederate monuments in New Orleans. As the scope of his film expands, Hunt investigates the origins of a romanticized Confederacy and confronts hard truths much of America has yet to face. With CJ Hunt. *Part of the Juneteenth programming
After the Movie: A conversation with CJ Hunt, Executive Producer Roy Wood Jr. (The Daily Show), and Pulitzer-Prize winning creator of the 1619 Project, Nikole Hannah-Jones on confronting the ongoing legacy of America’s Original Sin.

No Straight Lines: The Rise of Queer Comics, directed by Vivian Kleiman. Produced by Vivian Kleiman, Justin Hall. (United States) – World Premiere, Feature Documentary. A lively look at five LGBTQ+ comic book artists whose careers go from the underground scene to the cover of Time Magazine and the international stage. With Alison Bechdel (Fun Home), Jennifer Camper, Howard Cruse, Rupert Kinnard and Mary Wings.
After the Movie: A conversation with Alison Bechdel, Justin Hall, Rupert Kinnard and Vivian Kleiman.

The One and Only Dick Gregory, written and directed by Andre Gaines. Produced by Andre Gaines, Valerie Edwards. (United States) – World Premiere, Feature Documentary. This revealing portrait of comedian/activist Dick Gregory documents his many personal reinventions throughout the decades, from celebrity to civil rights hero and beyond, while hearing from the incredible entertainers who have been inspired by his blueprint. Executive Produced by Kevin Hart and Lena Waithe, with Dick Gregory, Chris Rock, Kevin Hart, Dave Chappelle, Lena Waithe, Harry Belafonte. *Part of the Juneteenth programming
After the Movie: A conversation with Andre Gaines, Executive Producer Lena Waithe, and Special Guests on the impact that Dick Gregory’s work has had on subsequent generations of artists and activists.

Paper & Glue, a JR Project. Produced by Sara Bernstein, Justin Wilkes, Dallas Brennan Rexer, Marc Azoulay. (France, United States) – World Premiere, Feature Documentary. From the favelas of Rio de Janeiro to the US-Mexico border to the courtyard of a supermax prison, JR’s large-scale photomurals have turned some of the most provocative spaces of the world into eye-catching immersive art that challenges perspectives and unites communities. In English, French, Portuguese, Spanish with English subtitles.
After the Movie: A conversation with Director and Artist JR.

Reflection: a walk with water, directed and written by Emmett Brennan. Produced by Emmett Brennan, Nick Brennan. (United States) – World Premiere, Feature Documentary. Filmmaker Emmett Brennan takes a “pilgrimage with water,” traveling the length of the Los Angeles Aqueduct on foot. Using California’s water crisis as a starting point, Brennan introduces principles to reshape human life with water in mind. With Kathy Bancroft, Connor Jones, Rhamis Kent, Gigi Coyle, Ariel Greenwood, Andy Lipkis.
After the Movie: A special performance by Jacob Collier and Justin Kauflin.

With/In (United States) – World Premiere, Feature Narrative. Shooting on iPhones during last year’s quarantine, an impressive collective of talent chronicles 2020 pandemic life’s myriad challenges and simple pleasures through narrative shorts. Sometimes poignant, other times funny and consistently free-spirited, this stripped-down anthology turns confinement into creativity.
After the Movie: A conversation with Directors Sanaa Lathan, Maya Singer, Morgan Spector, & more.

TRIBECA CRITICS’ WEEK

Ailey, directed by Jamila Wignot. Produced by Lauren DeFilippo. (United States) – New York Premiere, Feature Documentary. Told by the man himself, interwoven with decades of awe-inspiring dance footage of his world-famous dance company, Ailey recounts Alvin Ailey’s life story, from humble his Texan beginnings to becoming one of the most iconic choreographers of his generation. With Alvin Ailey, Judith Jamison, George Faison. A Neon release. *Part of the Juneteenth programming

The Ballad of a White Cow (The Ghasideyeh Gave Sefid), directed by Behtash Sanaeeha, Maryam Moghaddam, written by Maryam Moghaddam, Behtash Sanaeeha, Mehrdad Kouroshnia. Produced by Gholamreza Mousavi, Etienne de Ricaud. (France, Iran) – North American Premiere, Feature Narrative. Mina’s life is turned upside down when she learns that her husband Babak was innocent of the crime for which he was executed. Mina starts a silent battle against a cynical system for her own and her daughter’s sake.With Maryam Moghaddam, Alireza Sanifar. In Farsi with English subtitles.

Rita Moreno: Just a Girl Who Decided to Go For It, directed by Mariem Pérez Riera. Produced by Mariem Pérez Riera, Brent Miller. (United States) – New York Premiere, Feature Documentary. From New York City kid to movie star and to women’s rights activist, the indomitable Rita Moreno has enjoyed a storied life in the spotlight. Here the dynamic icon shares the challenges of being a Latina in Hollywood and the triumphs of her incredible 70 year career. With George Chakiris, Héctor Elizondo, Gloria Estefan, Tom Fontana, Morgan Freeman, Mitzi Gaynor, Whoopi Goldberg, Norman Lear, Eva Longoria, Justina Machado, Terrence McNally, Lin-Manuel Miranda, Rita Moreno, Karen Olivo. A Roadside Attractions release.

2020 FESTIVAL SELECTIONS
After having their planned Tribeca 2020 premieres canceled, the feature films of the 2020 Festival have been invited back for long awaited in-person premieres in 2021. Participating titles include:

499, directed by Rodrigo Reyes
All the Streets Are Silent, directed by Jeremy Elkin
The Art of Political Murder, directed by Paul Taylor
Asia, directed by Rothy Pribar
Banksy Most Wanted, directed by Aurélia Rouvier, Seamus Haley
Brian Wilson: Long Promised Road, directed by Brent Wilson
Clean, directed by Paul Solet
Contactado, directed by Marite Ugas
Cowboys, directed by Anna Kerrigan
Dear Mr. Brody, directed by Keith Maitland
Enemies of the State, directed by Sonia Kennebeck
Fries! The Movie, directed by Michael Steed
Fully Realized Humans, directed by Joshua Leonard
The God Committee, directed by Austin Stark
Happily, directed by BenDavid Grabinski
Harley, directed by Jean-Cosme Delaloye
Honeydew, directed by Devereux Milburn
I Carry You With Me, directed by Heidi Ewing
I Promise, directed by Marc Levin
Ice Cold, directed by Karam Gill
Jacinta, directed by Jessica Earnshaw
Kiss the Ground, directed by Josh Tickell, Rebecca Tickell
Kubrick by Kubrick, directed by Grégory Monro
La Madrina: The [Savage] Life of Lorine Padilla, directed by Raquel Cepeda
Landfall, directed by Cecilia Aldarondo
Larry Flynt for President, directed by Nadia Szold
The Last Out, directed by Sami Khan, Michael Gassert
Lorelei, directed by Sabrina Doyle
Love Spreads, directed by Jamie Adams
Marvelous and the Black Hole, directed by Kate Tsang
Materna, directed by David Grutnik
Miracle Fishing: Kidnapped Abroad, directed by Miles Hargrove
My Heart Can’t Beat Unless You Tell It To, directed by Jonathan Cuartas
No Future, directed by Andrew Irvine, Mark Smoot
Not Going Quietly, directed by Nicholas Bruckman
The Outside Story, directed by Casimir Nozkowski
P.S. Burn This Letter Please, directed by Michael Seligman, Jennifer Tiexiera
Pray Away, directed by Kristine Stolakis
Ricky Powell: The Individualist, directed by Josh Swade
She Paradise, directed by Maya Cozier
Simple As Water, directed by Megan Mylan
The Sit-In: Harry Belafonte Hosts The Tonight Show, directed by Yoruba Richen
Socks on Fire, directed by Bo McGuire
The State of Texas vs. Melissa, directed by Sabrina Van Tassel
Stateless (Apátrida), directed by Michèle Stephenson
Sweet Thing, directed by Alexandre Rockwell
Television Event, directed by Jeff Daniels
This Is Paris, directed by Alexandra Dean
Through the Night, directed by Lora Limbal
Wake Up on Mars (Réveil sur Mars), directed by Dea Gjinovci
Women In Blue, directed by Deirdre Fishel
Yusuf Hawkins: Storm Over Brooklyn, directed by Muta’Ali

VERDICT: Derek Chauvin GUILTY GUILTY GUILTY of Killing George Floyd! Justice! Bail Revoked

Roger Friedman
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VERDICT: Derek Chauvin GUILTY GUILTY GUILTY of Killing George Floyd! Justice! Bail Revoked

The jury in Minnesota has found Derek Chauvin guilty on all three counts of killing George Floyd. Justice has been served.

Bail is revoked. Chauvin goes to prison. Sentencing will take place in 8 weeks. What a relief for George Floyd’s family and for everyone. This should send a message to the police everywhere that extreme force with Black people will not be tolerated.

Chauvin could get as many as 40 years for unintentional second degree MURDER. Also guilty of third degree murder and second degree manslaughter.

keep refreshing…

Here’s Your Hat: Searchlight Presidents, on Verge of Winning “Nomadland” Oscar this Sunday, Retired by Disney

Roger Friedman
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Here’s Your Hat: Searchlight Presidents, on Verge of Winning “Nomadland” Oscar this Sunday, Retired by Disney

Wpw. Hollywood is a tough town.

On the eve of winning another Best Picture Oscar, Searchlight Chairmen Nancy Utley and Steve Gilula have been retired by Disney. The Mouse House couldn’t even wait until after “Nomadland” won on Sunday. Ouch!

The pair who have been there for 20 years (when it was Fox Searchlight) will be replaced by nice guys, younger guys, Matthew Greenfield and David Greenbaum, the studio’s chiefs of production. Greenbaum was trained at Miramax.

Founded in 1994 at 20th Century Fox to battle Miramax, Fox Searchlight Pictures’s titles have grossed over $5 billion worldwide, amassing 28 Golden Globe Awards, 49 BAFTA awards, and 40 Academy Awards including four Best Picture winners since 2009: Slumdog Millionaire, 12 Years a Slave, Birdman, and The Shape of Water. They’ve picked up 28 Golden Globe Awards, 49 BAFTA awards, and 40 other Academy Awards. Think of Little Miss Sunshine, Three Billboards, and on and on.

It’s pretty ugly that Disney didn’t wait til next week. But that’s the business. It’s not for wusses. If “Nomadland” wins a combo of picture, director, actress, Utley and Gilula will go out on top. It’s a probably a relief for them, not having to deal with Disney.

The whole Searchlight-Disney thing is ironic anyway. Fox Searchlight was created to compete with Miramax, which was then owned by Disney. Eventually Disney and Miramax fell out, they sold Miramax, bought 20th Century Fox and garnered Searchlight.

RIP Songwriter Extraordinaire Jim Steinman of Meat Loaf, “Total Eclipse of the Heart” Fame

Roger Friedman
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RIP Songwriter Extraordinaire Jim Steinman of Meat Loaf, “Total Eclipse of the Heart” Fame

Jim Steinman was the man behind Meat Loaf’s success. “Paradise by the Dashboard Light.” Bonnie Tyler’s “Total Eclipse of the Heart.” Celine Dion’s “It’s All Coming Back to Me Now.”

Steinman has passed away at the age of 73.

Steinman’s legacy is the big bombastic anthem that you wouldn’t think would work, but it did. He wrote all of MeatLoaf’s classic 1977 album, “Bat out of Hell,” which coincided with Mr, Loaf’s appearance in “The Rocky Horror Picture Show.” The combination was electric. It didn’t hurt that Phil Rizzuto made a guest appearance on “Paradise by the Dashboard Light.”

Many of his hits are the crowning glory of their singers’ careers. “Total Eclipse,” even more than “It’s a Heartache,” is Bonnie Tyler’s legacy. A whole terrific Barry Levinson movie, “Bandits,” is based around it. For those of who can’t stand Celine Dion, “It’s All Coming Back to Me Now” is the one record that’s palatable.

Steinman had lots of other credits including “assistance” on Ian Hunter’s “All of the Good Ones Are Taken.”

It doesn’t sound like he was very healthy. Steinman suffered a pretty severe stroke 15 years ago. He died of a “medical emergency’ today in Connecticut.

But the songs live on. They’re like mini operas, and will never go out of fashion.

After Impassioned Accusations, Producer Scott Rudin Says He’s “Stepping Back” From Film & TV Projects, Too

Roger Friedman
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After Impassioned Accusations, Producer Scott Rudin Says He’s “Stepping Back” From Film & TV Projects, Too

Over the weekend, the brother of a former Scott Rudin assistant accused the producer of adding to his brother’s suicide last October.

Now Rudin, who first said he was “stepping aside” from Broadway projects, has sent a statement saying he’s doing the same with film and TV.

Rudin is on the run. His empire is crumbling. His mega million production of “The Music Man” with Sutton Foster and Hugh Jackman is in peril.

Now Rudin writes:

“I am stepping back from my film and streaming projects in addition to my work on Broadway. I am doing so to take the time to work on personal issues I should have long ago. When I commented over the weekend, I was focused on Broadway reopening successfully and not wanting my previous behavior to detract from everyone’s efforts to return. It’s clear to me I should take the same path in film and streaming. I am profoundly sorry for the pain my behavior has caused and I take this step with a commitment to grow and change.”

Okay, great. He’s not sorry for anything, trust me. His house is burning down. He has no friends in the business after being vicious to everyone for three decades.

Rudin’s life has been no bed of roses. Maybe a little therapy would have helped. He told the NY Times in 1993 that he didn’t even know where his father worked.

“I was a Jewish kid from Long Island who didn’t want to be a Jewish kid from Long Island,” Rudin told Philip Weiss. “There’s no mystery to it. It’s fairly self-explanatory. My father sold men’s clothing. I don’t know where he works now. He was a salesman. You know, with sample cases.”

Ouch!

Where this will all lead? Rudin never takes a backseat to anyone. I can’t imagine he’s “stepping away” from anything. But hold on. There’s always more to the story.

UPDATED Golden Globes Former President Phil Berk Ousted from HFPA After He Sends Racist Email to Members

Roger Friedman
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UPDATED Golden Globes Former President Phil Berk Ousted from HFPA After He Sends Racist Email to Members

UPDATED: Berk has been ousted from the group for good. Ironically, he’ll be replaced by a Black journalist. Poetic justice.

EARLIER The Golden Globes must get rid of their crazy, old members. I mean the Hollywood Foreign Press Association which is struggling to overcome multiple scandals.

The new one comes from former president Phil Berk, who is still, unbelievably, a member of the HFPA at age 88 even after insulting the whole group just few years ago in a book.

The LA Times reports that Berk sent out an email to the member ship this week labelling Black Lives Matter a “racist hate movement” and describing BLM co-founder  Patrisse Cullors as “the self-proclaimed ‘trained Marxist.’”

Berk sent the email to the whole membership. He was quoting a racist, right wing blog criticizing Cullors for buying a house in a nice neighborhood.

According to the Times, the members who received Berk’s email were incensed.

“You are a thundering disgrace Phil Berk,” wrote Patricia Danaher.

To which, Berk retorted, “I’m hearing from my sworn enemies. No surprise”

“The fact that you’re not recognizing the gravity of your statement is disturbing,” wrote Husam “Sam” Asi.

Berk is nuts, and should have been removed from the HFPA a long time ago. He published a book in 2014 called “Signs and Wonders” that was so crazy and damning of his colleagues that he was suspended from the Globes for quite a while. I can’t believe he’s still around.

In the book, Berk mocked the suicide of an HFPA member, Nick Douglas: “I was awoken by a call from John Hiscock informing me that a member, Nick Douglas, had committed suicide. I was in shock not just because Nick had taken his life but because he had once sent me an anonymous hate letter, and thus his death reinforced my belief that anyone who tries to harm me comes to an untimely end.”

Berk represents a part of the 90 member group that is filled with hate and entitlement. The problem is, the newer members can’t shake these people.

On top of the book and sundry complaints, Berk was also accused by actor Brendan Fraser in 20918 of groping him during one of the HFPA’s “press conferences.” Berk denied it, but wy would Fraser tell GQ Magazine “his left hand reaches around, grabs my ass cheek, and one of his fingers touches me in the taint. And he starts moving it around”?

It’s time for Berk to go, and several others (the newer members know who I’m talking about) if this group is going to survive long enough to have another awards season.

 

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