--------
On September 20, 2011, Victor Alfieri filed a lawsuit against me. The lawsuit contained salacious and false allegations about me. He made sure to leak it to the media with the help of his skilled publicist.
I would have been happy if he had dismissed it before I filed my cross complaint on November 10, 2011. I tried to come to an agreement with Victor.
Victor's first offer was - He would dismiss his lawsuit if I agreed to walk away from the project and give up the $150,000 I invested. This meant, I would never see my money, I would not get my Executive Producer credit... and my reputation would remain "tarnished" by the slanderous allegations he made about me.
Why would I accept that offer? I had no choice but to continue with the legal battle. Victor continuously affirmed that he had NOT touched the $17,500, that the money had not been used.
The money were not to be "touched" for any reason while this dispute was pending. I remember telling my attorney, "if he assures that he has not converted this money and used it, then it should not be a problem to return it to me."
The only financial issue at this point was the money (my investment) that he had taken without my authorization. The defamatory statements he made about me were a separate issue... I was willing to let go of that if I got the "disputed" funds back.
My offer to him was - I would not file a cross-complaint against him if:
- Victor would return the $17,500 to me.
- Upon payment, I would participate in the joint public statement saying something along the lines of "there was an accounting dispute. It has now been resolved."
- The joint statement would also confirm that there was a consensual relationship of an intimate personal nature.
- I would not waive/release any claims
He, of course, refused to return any money or admit that he and I had been in an intimate relationship. On November 10, 2011, I filed my original cross-complaint (you can read it at the bottom of this post).
After going through so many different attorneys, by March 2012, we had not reached any settlement. It was clear that we were continuing this legal battle. At least at this point, I had insurance and was able to take my case to trial.
March 30, 2012, Alfieri dismissed his lawsuit against me out of "good faith"? On April 2, 2012, my attorney writes an email to me:
"I called opposing counsel to inquire about the dismissal and was advised that they wanted to show you how serious they are to get the movie sold and or distributed. I was told that they have finished the movie and now want to sell it and want you to be involved with same."
Dismissed.... just like that! This sounded suspicious to me.
Alfieri Gives the Real Reason He Dismissed the Lawsuit
(Watch the video clip below to find out!)
Quote:
Q - At what point did you dismiss your lawsuit against Ms. Trevino?
A - When I find out that Ms. Trevino had an insurance policy so she had a free lawyer. You cannot fight a free lawyer. So I have to, like, dismiss my lawsuit in order to become even with her.
To become even with me???? In other words...to force me to "fund my own litigation" or... to give up.
Click on this link below
to watch an even better video on YouTube.
Click below to see Original Cross-Complaint
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
BONDOLINI PRODUCTIONS,
LLC, a California Limited Liability Company; and VICTOR ALFIERI, an
individual,
Plaintiffs,
vs.
ADRIANA TREVINO, an
individual; and DOES 1 through 50, inclusive,
Defendants.
|
CASE NO. BC470091
[Assigned for all purposes to
Dept. 52]
[Complaint Filed September 21, 2011]
|
|
ADRIANA TREVINO, an
individual,
Cross-Complainant,
vs.
BONDOLINI PRODUCTIONS,
LLC, a California Limited Liability Company; VICTOR ALFIERI, an individual;
and ROES 1 to 10, inclusive,
Cross-Defendants.
|
Cross-Complainant Adriana Trevino as and for her Cross-Complaint
against Cross- Defendants Bondolini Productions, LLC (“Bondolini”) and Victor
Alfieri, alleges as follows:
GENERAL ALLEGATIONS
1. This
is the story of a seasoned Hollywood veteran using his fame, good looks, and
charm to take advantage of a star-struck newcomer to Los Angeles. By the end of
the story, that newcomer, Adriana, had given practically everything she owned
to Victor, and, in exchange, was left with nothing but empty promises.
The
Parties
2. Cross-Complainant
Adriana Trevino (“Adriana”) is an individual who until recently resided in
Minneapolis, where she is a certified court interpreter and owns a small
interpreting company. Adriana recently relocated to Los Angeles in 2009 and now
splits her time between the two cities.
3. Victor
is a Los Angeles-based soap opera star, who enjoyed long runs on daytime shows such
as “Days of Our Lives” and “The Bold and the Beautiful.”
4. Adriana
is informed and believes, and based thereon alleges, that Bondolini
Productions, LLC (“Bondolini”) is a California limited liability company formed
by Victor in July 2010. Victor is the managing member of Bondolini.
Adriana
and Victor Meet On-Line
5. Shortly after Adriana
arrived in Los Angeles in the summer of 2009, she was introduced to Victor over
the internet by a mutual friend. After several brief “chats” on-line during the
summer, Victor invited Adriana to come over to his house. Late in the evening
on September 4 Adriana took Victor up on his offer and went to Victor’s West
Hollywood home, where, upon meeting in-person for the first time, the two had
sexual intercourse.
Adriana
is Led to Believe that She and Victor are Involved in a Real Relationship;
Adriana Agrees to Invest Money to Help Victor Make his Movie
6. While Adriana and Victor
had occasional email and telephone interaction over the next few months, the
two did not meet again in-person until early June 2010. Just days prior, Victor
had explained to Adriana over the phone that he was looking for “investors” in
an independent film that he planned to make, and suggested that Adriana invest.
Victor invited Adriana to his home “to talk about the script.” However, when
Adriana arrived, Victor was wearing only a towel wrapped around his waist. The
two discussed the script for a few minutes, at which point Victor removed the
towel and requested sex.
7. From that day, Victor and
Adriana met regularly at Victor’s home, both to discuss Victor’s script and to
have sex. The two also regularly exchanged flirtatious and sexual emails
(including “instant messages” and “skype”). Victor always greeted Adriana as
“baby,” and with a kiss on the lips.
8. In July 2010, Victor
convinced Adriana to make an initial investment of $25,000 in his movie. At
Victor’s instruction, Adriana transferred the $25,000 into Victor’s personal
account on July 10, 2010.
9. By August 2010, Adriana
realized that she had developed real feelings for Victor, and she explained
this to Victor in a lengthy letter that, among other things, suggests that they
stop having sex in order to protect other aspects of their relationship.
Despite the letter, however, the sexual relationship continued, and Adriana
actually perceived their emotional connection strengthening as well.
10. Strangely, however,
Victor asked Adriana to keep their relationship a secret, and to deny it if
anyone asked – citing his notoriety and the “rumor mill” as a reason for the
secrecy. Adriana reluctantly agreed.
11. Through the fall of 2010,
Victor and Adriana grew even closer, with Adriana 20 spending hours at a time at his home, several days each week. In
September 2010, Victor convinced Adriana to make a second investment, and
Adriana wrote a check to Victor in 22 the
amount of $35,000.
12. In October 2010, feeling
that she was now truly a part of Victor’s life, Adriana decided to make Victor
her legal beneficiary. Adriana explained to Victor that she was doing this so
that, in case something happened to her, Victor would be able to achieve his
dream of completing his movie.
13. Around the same time,
Victor explained that he was having difficulty paying his mortgage, and that he
was at risk of foreclosure. Victor told Adriana that he needed to prove that he
had a stable income in order to qualify for refinancing, and asked that Adriana
draft monthly checks to him from her company, which Victor would then pass-off
as his 3 “salary.”
Victor
Convinces Adriana to Sell her Home and Give the Proceeds to Victor
14. Victor soon grew even
bolder in his requests. In February, 2011, Victor told Adriana that he needed another
$90,000 in order
to produce his movie, and that Adriana was his only hope. Moved by his pleas
for help, Adriana agreed to sell her condominium, and to give the proceeds from
the sale to Victor as a further investment.
15. Fortunately, Adriana had
the presence of mind to request a written contract memorializing the investment
and acknowledging Adriana’s rights. A “Production Financing Agreement” was presented
to Adriana in March 2011 by Victor’s attorney. Adriana was not represented by
counsel, and agreed to execute the agreement on March 20, 2011. “The agreement
was notarizes by Victor’s attorney’s girlfriend.) Most basically, the Agreement
memorialized Adriana’s investment, and gave Adriana both Executive Producer
credit on the movie and the right to “back-end” profit participation.
Additionally, Adriana was also given certain administrative rights, including
the right of access to Bondolini’s financial records, so she could monitor whether
her money was being spent appropriately.
16. Adriana learned only
after executing the Agreement that she was, in fact, the only investor in the production. There
had been two other investors. The first withdrew her investment in February
2011, later claiming that Victor had initiated a sexual relationship with her
as well, and manipulated and “used” her to get her money. The second investor,
a (male) friend of Victor’s, withdrew his investment just before Adriana signed
the Production Financing Agreement. Indeed, Victor apparently pulled-out all of his own money
once Adriana had made the final investment. Victor even convinced Adriana to ear-mark
$14,000 of her investment to be payable immediately to Victor, so that he could use the
money to pay off some personal debts.
Adriana
Arrives On-Set in Italy, to Learn that Victor had Turned his Attentions to the
Film’s Young Starlet, and was Otherwise Jeopardizing the Success of the
Production
17. Following her final
investment and the execution of the Production Financing Agreement, Victor
invited Adriana to become more involved in the production. Among other things,
Adriana become involved (at Victor’s request) in managing the production’s finances,
in purchasing wardrobe, props, and other equipment, and in making travel
arrangements for the crew (since the movie was to be shot in Italy).
18. The cast and crew
traveled to Italy in April 2011.
19. In anticipation of
Adriana’s arrival on-set in Italy, Victor again demanded that Adriana keep
their relationship a secret. At the same time, however, Victor also told Adriana
that he had arranged for Adriana’s sleeping quarters to be located where Victor
could easily sneak in during the night without being noticed.
20. When Adriana did arrive
on-set, she witnessed a number of troubling issues:
·
Victor
was behaving in a harassing manner towards the film’s leading actress. Indeed, the
young actress confided in Adriana, showing Adriana a record of Victor’s
inappropriate sexual comments and advances (which have since been corroborated
by others on-set).
·
Victor
alienated the production’s data manager, who agreed to stay on with the
production only on the condition that he would not have to deal directly with
Victor.
·
Victor
clashed with the movie’s chief editor, Christine Kelley to the point that she
was prepared to leave the production. Adriana ultimately intervened and
convinced Ms. Kelley to stay.
·
Victor
ignored a claim of sexual assault by a cast-member against a member of the
crew. The crew-member confided in Adriana that Victor’s response to the claim
of assault was “at least you are getting some.”
·
Several
members of the crew told Adriana that Victor’s behavior had made the working
conditions so unbearable that they had contemplated walking out - and that they were staying on only
out of devotion to Adriana, since a walk-out would have jeopardized her investment.
·
Adriana
also later learned that, prior to Adriana’s arrival on-set, Victor had been
telling the cast and crew, that he was not and never had been romantically
involved with Adriana, that Adriana was “obsessed” with him, and that he wanted
to “get away from her.”
·
Adriana
also learned that Victor was withholding full payment from several members of
the cast and crew, in breach of their various employment contracts.
21. Despite Victor’s
misbehavior, production wrapped at the end of May 2011. Victor retained the
original hard drive containing the all of the audio and video files of the
movie (it was shot digitally, not with actual film). Victor also gave a copy of
the hard drive to Adriana, so she could pass it along to Ms. Kelley’s assistant
back in Los Angeles, so that the movie could be edited. Since handing over the
hard drive to Ms. Kelley’s assistant on or around June 2, 2011, Adriana has at
no time been in possession of the movie footage.
Victor
Abandons Adriana, Takes the Remainder of the Adriana’s Investment for Himself,
is Unable to Account for the Much of the Budget, and Files a “Preemptive
Strike” Lawsuit Against Adriana
22. Consistent with Adriana’s
position as sole investor, and the rights afforded Adriana under the Production
Financing Agreement, Victor and Adriana met on July 3, 2011 to go through the
production’s financial records and receipts. As the focus of the conversation
turned towards Victor’s inability to account for much of Adriana’s investment,
Victor suddenly returned to his prior, flirtatious self. Victor even invited
Adriana to call him the next day so they could celebrate Independence Day
together. Adriana had other plans for the holiday, but Victor followed-up by
calling on both July 4th and July 5th.
23. Around this same time,
Victor also requested that the Production Financing Agreement be revised.
According to Victor, he should receive an additional $130,000 for his services on the movie, and
he should receive them in “first position” – i.e., before Adriana was reimbursed for her
investment. Adriana refused to agree to this revision.
24. On or around August 13,
2011, Victor secretly withdrew the remaining $17,500 of Adriana’s investment
from the Bondolini account, and immediately disconnected his telephone.
25. Adriana has inquired as
to the whereabouts of her money, and as to the post- production status of the
movie, but Victor has refused to provide this information. Adriana was left
with no choice but to report the theft of the $17,500 to the West Hollywood
Sheriff’s Department, and to consult a civil attorney regarding the remainder
of her “investment.”
26. More recently, Adriana
has learned that the $17,500 was not the only part of Adriana’s investgment
that Victor kept for himself. Among other things, Adriana is informed and
believes, and based thereon alleges, that:
·
Victor
actually paid many of the Italian members of his crew less than what he
included in the budget or reported to Adriana;
·
Victor
included in the budget approximately $5,000 for Victor to pay hs mother (in
Italy) for make-up artist services; however, while Adriana sent the money to
Victor, Victor’s mother never received any of it;
·
Victor
remains unable to document tens of thousands of dollars-worth of supposed
production expenditures.
Victor
Files (but does not Serve) a Complaint Containing False Claims against Adriana,
and Leaks it to the Press
27. Feeling the pressure,
Victor filed (but never served) a “pre-emptive strike” lawsuit against Adriana on
September 21, 2011, knowing that it would be leaked to TMZ and other entertainment-focused
media outlets. As a result of the publicity surrounding the false claims in
Victor’s complaint, Adriana has suffered damage to her reputation. Among other
things, Adriana recently applied for a job that would have paid an annual
salary of $70,000. After TMZ reported on Victor’s complaint, however, Adriana
was informed that the potential employer wanted to hire her but “could not”
because of the publicity surrounding the allegations against her.
FIRST CAUSE OF ACTION
(Fraud in the Inducement; False Promise)
(By Adriana against Victor)
28. Adriana incorporates the
allegations of paragraphs 1 through 27 as if set forth herein in full.
29. Between June 2010 and
July 2011, Victor used the possibility of an intimate and romantic relationship
to pursue multiple contributions of money from Adriana for Victor’s benefit. In
pursuing these contributions from Adriana, Victor mislead Adriana and concealed
facts as to, among other things (a) the nature of their relationship, (b) the
existence of other investors in the movie, (c) Victor’s intended use of
Adriana’s investment, (d) the nature of Adriana’s involvement in the
production, and (e) the budget and production schedule for the movie.
30. Adriana is informed and
believes, and based thereon alleges, that Victor knew that he was making these
false representations and material omissions, and did so for the purpose of
inducing Adriana’s reliance and payment of money to Victor and his company.
31. Adriana reasonably relied
on the statements and conduct of Victor in deciding to contribute approximately
$150,000 into Bondolini.
32. As a direct and proximate
result of the foregoing, Victor damaged Adriana in the amount of her $150,000
investment, plus interest, and further deprived Adriana from enjoying any return
on her investment in the form of profit participation in the movie’s
exploitation.
33. Adriana is informed and
believes, and thereon alleges, that Victor’s conduct was willful and malicious
and oppressive and Adriana is therefore entitled to an award of exemplary
damages.
SECOND CAUSE OF ACTION
(Breach of Contract)
(By Adriana against Victor and Bondolini)
34. Adriana incorporates the
allegations of paragraphs 1 through 32 as if set forth herein in full.
35. The Production Financing
Agreement was executed on March 20, 2011 by and between Adriana and Victor (as
managing agent for Bondolini).
36. Section 1 of the
Production Financing Agreement provides that, in exchange for Adriana’s
contribution of money, Bondolini would produce the movie in accordance with the
agreed-upon budget and production schedule.
37. Adriana contributed the
agreed-upon sums and otherwise fully performed her obligations under the terms
of the Production Financing Agreement. All necessary preconditions to
Almendarez’s enforcement of the obligations under the agreement occurred.
38. However, Adriana is
informed and believes, and based thereon alleges, that Bondolini, at the
direction of Victor, has ceased production of the movie and otherwise failed to
meet the agreed-upon budget or production schedule. Adriana is further informed
and believes, and based thereon alleges, that Bondolini, at the direction of
Victor, has no intention of completing production of the movie in the future.
39. As a direct and proximate
result of the foregoing breaches, Victor and Bondolini have prevented Adriana
from recouping any of her investment, or enjoying any profits from the
exploitation of the movie. Adriana has been damaged in a sum of at least
$150,000 plus interest at the legal rate.
THIRD CAUSE OF ACTION
(Breach of the Implied Covenant of Good Faith & Fair
Dealing)
(By Adriana against Victor and Bondolini)
40. Adriana incorporates the
allegations of paragraphs 1 through 39 as if set forth herein in full.
41. The Production Financing
Agreement was executed on March 20, 2011 by and between Adriana and Victor (as
managing agent for Bondolini). The Production Financing Agreement contained
implied covenants of good faith and fair dealing which provided that neither
party would do anything to prevent the other party from receiving the benefit
of its bargain.
42. Adriana contributed the
agreed-upon sums and otherwise fully performed her obligations under the terms
of the Production Financing Agreement. All necessary preconditions to
Almendarez’s enforcement of the obligations under the agreement occurred.
43. Adriana is informed and
believes, and based thereon alleges, that Victor and Bondolini breached the
implied covenant of good faith and fair dealing when they failed to use all of
Adriana’s investment solely for the agreed-upon purpose of producing the movie.
44. As a direct and proximate
result of the foregoing breaches, Victor and Bondolini have prevented Adriana
from recouping any of her investment, or enjoying any profits from the exploitation
of the movie. Adriana has been damaged in a sum of at least $150,000 plus
interest at the legal rate.
FOURTH CAUSE OF ACTION
(Breach of Fiduciary Duty)
(By Adriana against Victor)
45. Adriana incorporates the
allegations of paragraphs 1 through 44 as if set forth herein in full.
46. The facts and conduct
alleged herein gave rise to fiduciary duties on the part of Victor vis-a-vis
Adriana. Among other things, Victor’s conduct and representations regarding
their romantic relationship, as well as Victor’s direct receipt of (most of)
Adriana’s contribution into Bondolini, created vulnerability in Adriana that
resulted in Victor’s empowerment over Adriana, which prevented Adriana from
effectively protecting herself.
47. By the acts set forth
herein – including, without limitation, Victor’s acceptance of Adriana’s money,
Victor’s conduct preventing the completion of the movie, Victor’s use of the
funds contributed by Adriana other than for the agreed-upon purpose, and
Victor’s secret misappropriation of approximately $17,500 from the Bondolini
account – Victor breached his fiduciary duties to Adriana.
48. As a direct and proximate
result of the foregoing breaches, Adriana has been damaged in a sum of at least
$150,000 plus interest at the legal rate.
FIFTH CAUSE OF ACTION
(Constructive Fraud)
(By Adriana against Victor)
49. Adriana incorporates the
allegations of paragraphs 1 through 47 as if set forth herein in full.
50. The facts and conduct
alleged herein gave rise to a fiduciary and/or confidential relationship
between Victor and Adriana. Among other things, Victor’s conduct and
representations regarding their romantic relationship, as well as Victor’s
direct receipt of (most of) Adriana’s contribution into Bondolini, created
vulnerability in Adriana that resulted in Victor’s empowerment over Adriana,
which prevented Adriana from effectively protecting herself.
51. Through the conduct
alleged herein – and in particular by misleading Adriana and concealing facts
as to, among other things (a) the nature of their relationship, (b) the
existence of other investors in the movie, (c) Victor’s intended use and actual
use of Adriana’s investment, (d) the nature of Adriana’s involvement in the
production, and (e) the budget and production schedule for the movie – Victor
gained an unfair and prejudicial advantage over Adriana.
52. Adriana reasonably relied
on the representations made by Victor in agreeing to contribute approximately
$150,000 into Bondolini, and in allowing Victor to maintain control over the use
of those funds.
53. As a direct and proximate
result of the foregoing, Adriana has been damaged in a sum of at least $150,000
plus interest at the legal rate.
54. Adriana is informed and
believes, and thereon alleges, that Victor’s conduct was willful and malicious
and oppressive and Adriana is therefore entitled to an award of exemplary
damages.
SIXTH CAUSE OF ACTION
(Conversion)
(By Adriana against Victor and Bondolini)
55. Adriana incorporates the
allegations of paragraphs 1 through 54 as if set forth herein in full.
56. Between July 2010 and May
2011, Adriana contributed approximately $150,000 to Bondolini. Adriana paid
approximately $105,000 of the investment directly to Victor, in his capacity as
managing member of Bondolini. Adriana paid approximately $35,000 into
Bondolini’s business account. Adriana paid approximately $10,000 to various
third-parties on behalf of Bondolini.
57. Adriana is informed and
believes, and based thereon alleges, that Victor accepted the money paid
directly to him, but did not use the money for the agreed-upon purpose, and
refused to return it. Among other things, Victor has failed and refused to
provide receipts documenting his use of the money for Bondolini production
purposes.
58. Adriana is further
informed and believes, and based thereon alleges, that Victor also withdrew
approximately $17,500 from the Bondolini account, and used those funds for his
own personal use.
59. As a result of Victor’s
wrongful acts and refusal to return the money, Adriana has been damaged in an
amount to be determined at trial, but which is in excess of the jurisdictional
minimum of this Court.
60. Adriana is informed and
believes, and thereon alleges, that Victor’s conduct was willful and malicious
and oppressive and Adriana is therefore entitled to an award of exemplary
damages.
SEVENTH CAUSE OF ACTION
(Accounting)
(By Adriana against Victor and Bondolini)
61. Adriana incorporates the
allegations of paragraphs 1 through 60 as if set forth herein in full.
62. As set forth in the preceding
paragraphs, Victor has failed and refused to provide receipts documenting that
he used all of Adriana’s investment solely for the agreed- upon purpose of
producing the movie. Adriana is informed and believes, and based thereon
alleges, that Victor did not, in fact, use all of the money for the agreed-upon
purpose, and Victor refused to return it.
63. The precise amount of
Adriana’s investment that was used by Victor for purposes other than the
production of the movie is unknown to Adriana, and cannot be ascertained
without an accounting of the receipts and disbursements of Victor and
Bondolini.
EIGHTH CAUSE OF ACTION
(Abuse of Process)
(By Adriana against Victor and Bondolini)
64. Adriana incorporates the
allegations of paragraphs 1 through 63 as if set forth herein in full.
65. Adriana is informed and
believes, and based thereon alleges, that Victor and Bondolini filed the
complaint (without ever serving it) knowing that it contained false accusations
casting Adriana in a negative light. Adriana is further informed and believes, and
based thereon alleges, that Victor and Bondolini filed the complaint for the
purpose of harming Adriana’s reputation and “strong-arming” her into an early
settlement. This is not a proper purpose for which the filing of a complaint
may be used.
WHEREFORE, Adriana prays for judgment against
Cross-Defendants, and each of them, as follows:
1.
For
general damages in an amount to be proven at the time of trial;
2.
For interest
at the legal rate according to proof at the time of trial;
3.
For an
accounting;
4.
For punitive
damages against Victor in an amount to be proven at trial;
5.
For
attorneys’ fees and costs of suit herein incurred; and
6.
For such
other and further relief as the Court may deem just and proper.
Dated: November 10, 2011
GRODSKY & OLECKI LLP
Zachary Rothenberg
By ______________________________
Zachary Rothenberg
Attorneys for Defendant and Cross-
Complainant Adriana Trevino
----
Disclaimer -- As of October 15, 2018, all
legal issues have been resolved. This resolution was reached during
arbitration. There are no pending issues related to fraud or theft. The
resolution was mutually agreeable. There will be no more posts written about
this story.
No comments:
Post a Comment