For Sending His Mother to the Hospital?
The following lines are from Victor's deposition in August, 2012
Q - I want to touch upon your lawsuit that was initially filed against Adriana.
A - Yes.
Q - What prompted you to file that lawsuit?
A - Because Adriana, who was my very good friend, she send my mother to the hospital telling her that she was going to call the FBI, put me in jail forever. I disconnected my cell phone. My mom could not reach me. And she end up with shingles and went to a hospital. Then Adriana -- on September 7th she served me with a 15 pages letter accusing me of theft of money that I never stole. And that's why I went to Ms. Muse -- Mr. Muse -- without laughing because it's a very sensitive matter here because my mom was at the hospital -- and I filed a lawsuit against Adriana Trevino because I'm not a thief.
Click on video below to watch a clip of the actual deposition.
Click on this link "Why Victor Alfieri Sued Adriana Trevino"
to watch an even better video on YouTube.
________________________________________________________________________________
Complete Lawsuit Filed in Court by Alfieri
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF LOS ANGELES
BONDOLINI PRODUCTIONS, LLC,
a California limited liability company; and,
VICTOR ALFIERI, an individual,
Plaintiffs,
v.
ADRIANA TREVINO, an individual; and
DOES 1 through 50, inclusive,
Defendants.
Plaintiffs, BONDOLINI PRODUCTIONS, LLC, and VICTOR ALFIERI alleges as follows:
ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
1. Plaintiff, VICTOR ALFIERI, (hereinafter referred to as "ALFIERI") is an individual residing in the County of Los Angeles, State of California
2. Plaintiff, BONDOLINIPRODUCTIONS, LLC, is a limited liability company duly organized under the laws of the State of California and maintaining its principal place of business in Los Angeles County, California.
3. Defendant, ADRIANATREVINO (hereinafter individually referred to as "TREVINO") is an individual residing in the County of Los Angeles, California.
4. Plaintiffs are ignorant of the true names and capacities of the defendants sued herein as DOES 1 through 50, inclusive, and therefore sue these defendants by such fictitious names. Plaintiffs will amend this complaint to allege their true names and capacities when ascertained. Plaintiffs are informed and believes and on that basis allege that each of these fictitiously named defendants is responsible in some manner for the acts or omissions herein alleged, and that Plaintiffs' damages as he would allege were approximately caused by these acts and omissions.
5. Plaintiffs are informed and believe and thereon allege at all times mentioned herein, the defendants, and each of them, named and unnamed, were the agents, servants, and/employees of their co-defendants and in doing the things hereinafter mentioned, were acting within the course and scope o f their authority as such agents, servants, employees with the permission o f their co-defendants.
6. ALFIERl is a professional actor, producer and director who has been in the motion picture and television industry for 18 years.
7. In or about January, 2010, ALFIERl wrote a screenplay for a comedy called Arturo Bond ("Bond') and a screenplay for a thriller called Looking for Clara ("Clara"). Bythebeginningof2010, ALFIERl was in the process of producing Bond.
8. TREVINO was a fan of ALFIERl. Initially TREVINO contacted ALFIERl in approximately mi-2009 through ALFIERl's page on the Tagged social website. About that time, ALFIERl met TREVINO in person and gave her his signature. ALFIERl initially exchanged a few messages with TREVINO, but even after he stopped responding, TREVINO persistently sent him messages on Skype. From September of 2009 through May of 2010, TREVINO sent ALFIERl from two to three messages per month, asking personal questions, referring to him as "darling," and sending him "kisses." ALFIERl did not read the messages or respond to them.
9. In an attempt to regain ALFIERl's attention, in May of 2010, TREVINO again contacted ALFIERl via Tagged. TREVINO expressed interest in ALFIERl's screenwriting and asked that she be allowed to read the Bond screenplay. Seeing an opportunity to involve herself in ALFIERl's life, upon reading the screenplay, TREVINO immediately indicated that she wanted to invest in the production.
10. ALFIERI met TREVINO in person again starting in June of 2010.
11. ALFIERI filed the Articles of Organization for BONDOLINI PRODUCTIONS, LLC, ("BONDOLINI') on July 2, 2010. That company was created for the purpose of producing Bond. ALFIERI is, and at all times since BONDOLINI's creation, has been the sole member and Managing Member of that company.
12. In becoming involved in the production of Bond, TREVINO made every effort to maximize the level of personal contact between herself and ALFIERI. Thus, in addition to wanting to invest in the production, TREVINO offered to edit the Arturo Bond screenplay and be ALFIERI's personal assistant. TREVINO also insisted on acting as the bookkeeper for BONDOLINI. At TREVINO's insistence, ALFIERI gave TREVINO access to the BONDOLINI account into which TREVINO's investment funds were deposited. From June of 2010, ALFIERI also gave TREVINO access to his telephone; his computer and his email account. However, the-volume of increasingly flirtatious messages and telephone calls also grew prompting ALFIERI to remind TREVINO that although they were friends, their relationship was primarily a business relationship.
13. By March of 2011, ALFIERI had shifted the project to the production of Clara rather than Bond (said production of Clara being hereinafter referred to as "Production"). TREVINO nonetheless wanted to invest in the Production. Therefore, on March 20, 2011, TREVINO entered into an agreement with BONDOLINI entitled "Production Finance Agreement" ("Agreement").
14. The Agreement confirms that Clara belongs to ALFIERI and that the copyrights in the film are subject of a five-year license to BONDOLINI. Section 5 of the Agreement specifically excludes TREVINO (referred to in the Agreement as "Executive Producer") from ownership of the film. Section 6 provides explicitly that the relationship between the parties is neither a joint venture, a partnership, nor an employment. Section 2 of the Agreement provides that TREVINO's investment in the Production will be "recouped solely from Picture Net Revenues."
15. Unfortunately, after entering into the Agreement, TREVINO once again began to work her way into every aspect of the Production despite the fact that she had no experience in the motion picture industry. She began involving herself in the purchase of wardrobe, the purchase of editing equipment (hereinafter, "Editing Equipment") and other matters which resulted in the budget being exceeded.
16. Despite her lack of any experience in the motion picture industry, and despite the fact that the Agreement did not provide for TREVlNO participating in the filming of Clara, TREVlNO took it upon herself to use BONDOLINI funds to fly to Italy where ALFIER I was filming Clara, insisting that as "Executive Producer," she was also entitled to room and board and the use of a chauffeur who was to be paid for from revenues from the film.
17. Once on set, TREVlNO resumed her attempts to become physically involved with ALFIERI, hugging him and rubbing his back even in the presence of ALFIERI's mother. Once again, ALFIERI had to ask TREVlNO to curtail her flirtatious behavior. At that point, it became apparent to ALFIERI that TREVlNO was intent on having a sexual relationship with him.
18. While on set, TREVlNO also became involved with the actors and their various intrigues, both on set and on internet social sites. This made ALFIERI's management of the Production and the actors much more difficult.
19. While filming in Italy, ALFIERI worked 16 to 18 hour days in order to complete filming on schedule, performing many jobs in addition to that of director. The filming was done digitally. The data comprising the film (said data being hereinafter referred to as "Film") was stored on a hard drive (hereinafter "Hard Drive"), which was to .be later accessed by the editor ALFIERI had hired, Christine Kelley (hereinafter, "KELLEY"), during the editing of the Film.
20. Just prior to ALFIERI's return from Italy, TREVlN0 stated in an email that she had invested a total of "about $154,300," and that "about$20,000" was left in the account to cover post-production.
21. Once ALFIERI returned from Italy, TREVlNO was relentless in her attempts to see him insisting that they meet for various reasons including obtaining records in order to do the bookkeeping. However, she also made it clear in her email messages that she was in love with him and wanted a "personal" relationship rather than just a professional relationship.
22. Given TREVlNO's past overtures, ALFIERI was very hesitant about meeting her alone. On June 15,2011, TREVlNO again stated in an email that she had invested $154,000, and that $18,000 was left on BONDOLINI's account. In order to force ALFIERI to comply with her request for a meeting, on the following day she made a less-than-veiled threat to pull the remaining funds out of BONDOLINI's account leaving BONDOLINI within sufficient funds for post-production. However, after ALFIERI complained about TREVINO's romantic advances, on June 17, 2011,TREVINO wrote him an email in which she acknowledged that ALFIERI did not requite her romantic desires and assured him that those desires had passed. In that email, TREVINO stated: "As far as my romantic feelings toward you, I never lied to you. You were always aware of how I felt. I wrote many letters to you explaining that. I am not upset you did not reciprocate them. As I have said many times, love cannot be forced. Now, things are very different. Those feelings I had are just a memory in the past. I fell in love with a man who showed me kindness, trust and appreciation. That man is gone, so are my feelings. So you don't have to worry about this anymore."
23. Nonetheless, ALFIERI did not want to meet TREVINO in private and therefore agreed to meet her at a coffee shop. At that meeting, ALFIERI provided TREVINO with all of the receipts and other bookkeeping records regarding the Production. However, thereafter, TREVINO continued to pressure ALFIERI to meet with her in person, even offering him a check for $3,000, if he would come and pick it up. He did not.
24. At his manager's urging, ALFIERI did, however, agree to meet TREVINO for lunch on her birthday on July 21,201 L After they had finished their lunch and were standing in the restaurant, parking lot, TREVINO grabbed hold of ALFIERI and tried to kiss him. Without letting him go, she asked him to have sex with her, stating that they both needed to "release some stress." When he refused, she asked that he at least email her a picture of his "c--k" which she could masturbate to. ALFIERI was embarrassed by the scene they were making in public, and so to put an end to it, agreed to send her a picture. Later that evening TREVINO texted him demanding the photograph. In response ALFIERI emailed her a link to a photograph of a dildo for sale on Hustler's website. TREVINO's email response was that she would rather have ALFIERI's "live" organ.
25. After these occurrences which had taken place despite TREVINO's assurances that her amorous intentions had passed; ALFIERI. was resolute in his intention not to again meet with TREVINO alone. When she urged him to meet with her for the "accounting," he responded that he wanted to go over the budget and expenditures with her in the presence of his attorney.
26. When TREVINO realized that there would be no meeting alone with ALFIERI, her interest in "bookkeeping" vanished and she was suddenly too busy to meet with ALFIERI and his attorney. She was not, however, too busy to attempt to organize something for ALFIERI's 40th birthday (July 30th). She initially contacted ALFIERI's manager for that purpose, falsely stating that ALFIERI's mother had asked her to organize something for his birthday. No one in fact had asked her to do anything of the kind. Ultimately, however, ALFIERI told TREVINO that he did not wish to spend his birthday with her.
27. Apparently, finally realizing that her fantasy of a sexual relationship with ALFIERI would never be realized, TREVINO became overtly hostile to ALFIERI and to his conduct of the Production. Asserting that ALFIERI had misled her regarding her true powers as "Executive Producer," on August 9" 3,2011, TREVINO announced in an email message to ALFIERI, his manager and his attorney that she was taking over the Production and that, as Executive Producer, she would thenceforth have the final word. Apparently realizing that her obsession with ALFIERI had become obvious to all around her, and hoping to appear as being the injured party, TREVINO went on to send another email to ALFIERI, his attorney and his manager falsely stating that she had, in fact, had a sexual relationship with ALFIERI for more than a year.
28. Realizing that TREVINO's obsession with him had reached a crescendo and that she was now out to wreck both his reputation and the production of Clara, ALFIERI removed TREVINO's access to BONDOLINI's remaining funds by transferring those funds to a BONDOLINI account to which TREVINO had no access.
29. Since that time, TREVINO has falsely represented to everyone connected with the Production that ALFIERI stole money from her. TREVINO has also repeated to others the misrepresentation that she had engaged in a sexual relationship with ALFIERI. TREVINO has made these misrepresentations to others both orally and in writing.
30. 30. TREVINO drafted an email addressed to ALFIERI's mother wherein she repeated her misrepresentation that she had a sexual relationship with ALFIERI, repeated her misrepresentation that ALFIERI had stolen her money and indicated that she was reporting him to the police. TREVINO had the message translated into Italian and on August 4, 2011, she emailed the message to ALFIERI's mother. When ALFIERI's mother could not thereafter reach ALFIERI by telephone, as a result of her panic, she suffered a physical condition which required her hospitalization.
31. Since August 3,2011, TREVINO has continued to assert control over and maintain possession of the financial books, records, contracts and other paperwork of BONDOLINI (hereinafter collectively referred to as "Records") and has asserted control over the Film and the Hard Drive. Since that time, TREVINO has directed the editing of the Film by KELLEY and has directed that KELLEY withhold the Film, the Hard Drive and the Editing Equipment from ALFIERI's possession.
32. Since August 3,2011, Plaintiffs have made repeated demands on TREVINO for the delivery to Plaintiffs of the Records, and of the Film, the Hard Drive and the Editing Equipment. TREVINO has refused to make that delivery.
FIRST COUNT
(For Claim and Delivery - By BONDOLINI Against All Defendants)
33. Plaintiff refers to, and herein incorporates, Paragraphs 1-32 stated above.
34. BONDOLINI is the owner of the Records, the Hard Drive and the Editing Equipment, and owns an assignment interest in the Film. BONDOLINI is entitled to immediate possession of the Records, the Hard Drive, the Editing Equipment and the Film (hereinafter, collectively, the "Property").
35. As is described above, TREVINO wrongfully retained possession and control over the Property. Since doing so, TREVINO has been, and now is, in wrongful possession of the Property in violation of BONDOLINI's right to immediate and exclusive possession. 1
36. During, and as a proximate result of, TREVINO's wrongful possession and detention of the Property, BONDOLINI suffered the loss of the use and enjoyment of the Property. BONDOLINI has suffered damages for its loss of the use of the Property in a sum to be proven at trial.
37. During, and as a further proximate result of, TREVINO's wrongful possession and detention of Property, BONDOLINI suffered a business loss in a sum to be proven at trial.
38. In wrongfully possessing and detaining the Property, TREVINO's conduct was malicious and was intended to cause injury to BONDOLINI. BONDOLINI is therefore entitled to an award of exemplary or punitive damages.
SECOND COUNT
(For Breach of Contract - By BONDOLINI Against All Defendants)
39. Plaintiff refers to, and herein incorporates, Paragraphs 1-32 and 34- 38 stated above.
40. Section 5 of the Agreement specifically excludes TREVINO from ownership of the Film and confirms BONDOLINI's interest in the Film as ALFIERI's assignee. Section 2 of the Agreement provides that TREVINO's investment in the Production will be "recouped solely from Picture Net Revenues." Finally, although Sections provide TREVINO with the right to make suggestions regarding the editing of the Film, Section 1.8 provides BONDOLINI sole discretion in directing the final cut edits.
41. TREVINO's above-described retention of the Property and her assumption of control over the editing of the Film constitute breaches of the Agreement.
42. BONDOLINI has suffered damages as a direct and proximate result of TREVINO's breaches of the Agreement in an amount to be proven at trial.
THIRD COUNT
(For Libel- By ALFIERI Against All Defendants)
43. Plaintiff refers to, and herein incorporates, Paragraphs 1-32,34- 38 and 40-42 stated above.
44. The statement written and published by TREVINO described in Paragraphs 29 and 30 to the effect that ALFIERI stole TREVINO's money is libelous on its face in that it charges ALFIERI with committing the crime of theft.
45. The representation made and published by TREVINO described in Paragraphs 27, 29 and to the effect that ALFIERI had a sexual relationship with TREVINO is libelous on its face in that it charges ALFIERI with immoral conduct. Trevino made the representation in order to charge that ALFIERI thereby took unfair advantage of her.
46. The representations made and published by TREVINO were false in that ALFIERI did not in fact either steal money from TREVINO, nor did he engage in any sexual intercourse with TREVINO.
47. As a proximate result of the above-described publication, ALFIERI has suffered loss of his reputation, shame, mortification, and hurt feelings all to his general damage.
48. As a further proximate result of the above-described publication, ALFIERI has suffered damage to his profession as an actor, producer and director in the television/motion picture industry.
49. The above-described publications were made by TREVINO with malice in that she knew they were untrue and she published them with the intention of causing injury to ALFIERI and with the intention of causing damage to his professional reputation, and thus an award of exemplary and punitive damages is justified.
FOURTH COUNT
(Slander - By ALFIERI Against All Defendants)
50. Plaintiffs refer to, and herein incorporate, Paragraphs 1-32, 34- 38, 40-42 and 44-49 stated above.
51. The statements made by TREVINO described in Paragraphs 29 and 30 to the effect that ALFIERI stole TREVINO's money are slander per se in that they charge ALFIERI with committing the crime of theft.
52. The statements made by TREVINO described in Paragraphs 27, 29 and 30 to the effect that ALFIERI had a sexual relationship with TREVINO are slander per se in that they charge ALFIERI with immoral conduct. TREVINO made the statements in order to charge that ALFIERI thereby took unfair advantage of her.
53. The statements made by TREVINO were false in that ALFIERI did not in fact either steal money from TREVINO, nor did he engage in any sexual intercourse with TREVINO.
54. As a proximate result of the above-described statements by TREVINO, ALFIERI has suffered loss of his reputation, shame, mortification, and hurt feelings all to his general damage.
55. As a further proximate result of the above-described statements, ALFIERI has suffered damage to his profession as an actor, producer and director in the television/motion picture industry.
56. The above-described words were spoken by TREVINO with malice in that she knew they were untrue and she spoke them with the intention of causing injury to ALFIERI and with the intention of causing damage to his professional reputation, and thus an award of exemplary and punitive damages is justified.
WHEREFORE, Plaintiffs pray for judgment as follows:
ON THE FIRST COUNT
BONDOLINI prays judgment against all Defendants:
1. For possession of the Property or, if the Property cannot be delivered, for its;
2. For damages according to proof;
3. For damages for business loss according to proof;
4. For exemplary and punitive damages;
5. For reasonable attorneys' fees;
6. For costs of suit herein incurred; and
7. For such other and further relief as the court may deem proper.
ON THE SECOND COUNT
BONDOLINI prays judgment against all Defendants:
1. For compensatory damages, both general and special, according to proof;
2. For interest on the compensatory damages at the legal rate from after August 3, 2011;
3. For exemplary and punitive damages;
4. For reasonable attorneys' fees
5. For costs of suit herein incurred; and
6. For such other and further relief as the court may deem just and proper.
ON THE THIRD AND FOURTH COUNTS
ALFIERI prays judgment against all Defendants:
1. For compensatory damages, both general and special, according to proof;
2. For punitive and exemplary damages;
3. For interest on compensatory damages at the legal rate;
4. For costs of suit herein incurred; and
5. For such other and further relief as the court may deem proper.
Dated: September 20,2011
MUSE LAW GROUP
By: Roger Y Muse
Attorneys for Plaintiffs
-----
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