ST. JOSEPH, Mich. (CN) - A publisher owes royalties to the author of "Creative Screwing: A Woman's Guide to Becoming an Erotic Enchantress of Superlustful Sex," the writer claims in court.
Nannette Laree Hernandez sued Alan Leddon dba Spero Publishing on Sept. 4, in Berrien County Court.
Hernandez claims that Leddon signed a contract to publish a revised edition of her 1993 book, "Creative Screwing," giving her 20 percent royalties on print copies and 50 percent royalties on ebook.
The 7-page complaint does not state when the contract was signed, but claims that distribution began on Dec. 31, 2011. Hernandez claims that Amazon.com alone reported selling more than 40,000 copies of her book, and that Leddon "has not paid anything remotely close to the amounts owed under the contract."
Leddon was to provide quarterly earnings reports, but Hernandez claims he missed the very first one, due in April 2012.
She claims he sent her a royalty check for $20.85 in November 2012, and then "refus(ed) to send any more royalties, and stated he would retain all royalties in a separate interest-bearing savings account until plaintiff was off parole."
Hernandez does not state why she was on parole, but she claims that "As a result of defendant's refusal to pay royalties or provide quarterly reports to plaintiff, her parole was extended for a year, as there was not proof of royalties or reports from defendant to show what plaintiff was entitled [to] in royalties to pay her restitution."
She claims Leddon refused to reply to eight letters demanding an accounting.
The lawsuit continues: "As a result of the contract from plaintiff's parole officer, defendant sent a letter to plaintiff dated Oct. 8, 2013, claiming he had not heard from plaintiff and that he did not have an address for plaintiff; defendant further stated he did not have plaintiff's money and this it would take more than the seven quarterly royalty checks to pay plaintiff as he had no money."
She claims that an investigation showed that Leddon had reported royalty payments of $67.50 on his 2012 federal income taxes, though he paid her just the $20.85.
She claims that he also "admitted to plaintiff in writing and to law enforcement of converting plaintiff's royalties for his own personal use and that he no longer had the money to pay plaintiff what she was owed."
She seeks an accounting and damages for breach of contract, misrepresentation, fraud and conversion.
She is represented by Rebecca Sanford.
"Creative Screwing" was for sale on Amazon.com at $70 on Wednesday. According to Amazon's "Look Inside" feature, the book seems to be an attempt to explain screwing to women, from a man's point of view.
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