"At roughly the same time defendants sought to coerce Radar Pictures into signing a management agreement with a significantly higher monthly stipend, a proposed waiver of claims against them, and other oppressive and unfair terms. Defendants also began to threaten to seek payment of what they claimed to have been owed under the earlier agreements directly from Radar Pictures associates. In fact, defendants went as far as to present a fraudulent irrevocable letter of direction to an account payable to Radar Pictures in which they purported to authorize the payment of two hundred and fifty thousand dollars ($250,000) directly to them."
The troika also tried to oust Radar's board of directors, including Field, "and to have named Convergence Media as the sole board member despite that only 'natural persons' may lawfully sit on a board," the complaint states. "They further claim to have fired all of the executives at Radar Pictures and to have appointed defendant Ashlock at [sic] the company's president. Defendants had no power or authority to effect any of these actions ..."
Not only that: Field claims the triumvirate proceeded to try to throw Radar into bankruptcy.
"As part of their plan to take over Radar Pictures, on November 4, 2011 defendants purported to file for voluntary bankruptcy protection in the Central District Bankruptcy Court, bearing case number 2:11-bk-56008-BB. This was done with no notice or involvement of any of the plaintiffs herein who were virtually ambushed by the filing. This filing had the immediate effect of disrupting Radar Pictures' ability to operate by causing a number of action[s] no doubt intended by defendant[s], including bank accounts being frozen, suspension of the operation of its payroll servicing company, causing its business partners to consider backing out of existing contracts, along with a whole wide range of other damage to be proven at trial."
Field says he filed an emergency motion to dismiss the bankruptcy filing, upon which "defendant Ashlock and others worked to prepare a range of fraudulent documents to assist them in defending against the motion," including "bogus minutes from the September 9, 2011 board meeting".
The complaint now becomes like a gangster movie.
"Within a day of the filing [apparently, Field's motion to dismiss] Ashlock and an apparent thug showed up at the office of Radar Pictures demanding access to the company and purporting to take control claiming to be the 'debtor-in-possession' of Radar Pictures. After trying to intimidate the employees of Radar Pictures, Radar personnel obtained the help of the building owner and the police were contacted. Before the authorities arrived, and upon learning of their approach, Ashlock and his cohort retreated from the premises."
Field claims that "Ashlock continued to attempt to intimidate the board members of Radar Pictures through late-night phone calls and tacitly menacing emails claiming he was the 'president of Radar Picture' and suggested if they did not acknowledge the same, issues might arise. Ashlock then sent the fraudulent minutes and other illegitimate corporate documents around to the still-active board of Radar Pictures, demanding the board sign an affidavit attesting to their accuracy. These documents were forwarded around on or about November 13, 2011."
Before we depart from this complaint, which Field might consider making into his next movie, we cite paragraphs 43-45: "In his email, Ashlock claims as justification for the bankruptcy filing: 'Given the critical financial condition of the corporation, including the judgment in favor of 1821 Films, the pending litigation with Shirley Brener, and the dire circumstances with regard to the delinquency in the payment of rent for the office space at 10900 Wilshire Blvd., I believe that it is imperative that Radar continue to benefit from the automatic stay regarding the above matters afforded to it by the bankruptcy code.'
"Radar Pictures is not in a 'critical financial condition,' however, as there is no 'judgment in favor of 1821 Films,' there is no 'pending litigation with Shirley Brener' and there are no 'dire circumstances' relating to the company's tenancy. These statements are all false.
"None of the board members signed the affidavits; to the contrary, each board member has sworn under penalty of perjury that the minutes do not accurately reflect what happened at the September 9, 2011 meeting and each has sworn no authority was given for Convergence to issue to itself a controlling block of shares. What is more, at no time was Convergence made (nor could it have been) made the sole member of Radar's Board of Directors and at no time was it - or anyone else affiliated with defendants - authorized to fire the current executives at Radar."
Field says his motion to dismiss was heard on Nov. 15, and that "Ashlock appeared at the hearing and repeatedly lied and misled the tribunal in an attempt to preserve the fraudulent filing. The bankruptcy law firm of Levene, Neale, Bender, Yoo & Brill, LLP ('Neale Firm') appeared at the hearing claiming to represent Radar Pictures ...".
Field says the Hon. Sherri Bluebond granted his emergency motion and dismissed the bankruptcy filing.
But wait: "Incredibly, later that same day, defendants, through the Neale Firm, filed yet another bankruptcy petition purportedly on behalf of Radar Pictures, bearing case number 2:bk-57249-RN; this despite that the Neale Firm had no authority from Radar Pictures to file a voluntary petition and despite that firm principal, David Neale, had been provided with significant evidence from the rightful board of Radar Pictures days before demonstrating the lack of merit to defendants' claim to control Radar Pictures. The rightful owners of Radar Pictures did not authorize that filing, never hired Neale's firm. The next morning Judge Bluebond issued a sue [sic] sponte order dismissing the petition and vacated any alleged stay arising from the filing, and precluding any further such filing for a period of 180 days or until such time as any ownership issues is [sic] resolved through a non-bankruptcy forum."
Filed seeks an injunction preventing the defendants from taking any action with regard to Radar Pictures, bankruptcy particularly, an expedited hearing on ownership of the corporation, and punitive damages of at least $10 million, for conspiracy, promissory fraud, abuse of process, breach of fiduciary duty, and violations of California's Corporations Code.
He is represented by Jonathan Freund with Freund & Brackley.
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