Case 3:23-cv-01264-AGS-DEB Document 15 Filed 10/06/23 PageID.164 Page 1 of 10
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`MARTIN D. SINGER (BAR NO. 78166)
`DAVID B. JONELIS (BAR NO. 265235)
`LAVELY & SINGER
`PROFESSIONAL CORPORATION
`2049 Century Park East, Suite 2400
`Los Angeles, California 90067-2906
`Telephone: (310) 556-3501
`Facsimile: (310) 556-3615
`Email: mdsinger@lavelysinger.com
`djonelis@lavelysinger.com
`Attorneys for Defendants
`LARCO PRODUCTIONS, INC.
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`CASE NO. 3:23-cv-01264-AGS-DEB
`
`DEFENDANT’S ANSWER
`TO COMPLAINT
`
`DEMAND FOR JURY TRIAL
`
`CORDELL, LLC, a California Limited
`Liability Company,
`Plaintiff,
`
`vs.
`LARCO PRODUCTIONS, INC., a
`New York Corporation; and DOES 1-
`10,
`
`Defendants.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 3:23-cv-01264-AGS-DEB Document 15 Filed 10/06/23 PageID.165 Page 2 of 10
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`Defendant LARCO PRODUCTIONS, INC. (“Defendant”) hereby answers
`the Complaint of Plaintiff CORDELL, LLC (“Plaintiff”) as follows.
`PARTIES
`Defendant lacks knowledge or information sufficient to form a belief
`1.
`about the truth of the allegations contained in this paragraph and on that basis
`denies those allegations.
`2.
`Defendant admits the allegations contained in this paragraph.
`3.
`Defendant lacks knowledge or information sufficient to form a belief
`about the truth of the allegations contained in this paragraph and on that basis
`denies those allegations.
`4.
`Defendant lacks knowledge or information sufficient to form a belief
`about the truth of the allegations contained in this paragraph and on that basis
`denies those allegations.
`
`BACKGROUND
`Defendant admits that the 1988 motion picture Maniac Cop was
`5.
`written by the late Lawrence G. Cohen. Except as so admitted, Defendant denies
`the allegations contained in this paragraph.
`JURISDICTION AND VENUE
`Defendant admits that Plaintiff’s Complaint alleges a claim that
`6.
`involves a federal question. Defendant denies that Plaintiff’s Complaint asserts
`any state law claims.
`7.
`Defendant admits that it is subject to this Court’s personal
`jurisdiction.
`8.
`Defendants admits that this action was filed in the proper venue.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 3:23-cv-01264-AGS-DEB Document 15 Filed 10/06/23 PageID.166 Page 3 of 10
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`FACTUAL BACKGROUND
`FACTS COMMON TO ALL CLAIMS
`Chain of Title For Maniac Cop
`Defendant admits that a copyright registration for the 1988 motion
`9.
`picture Maniac Cop is attached as Exhibit 1 to the Complaint, which registration
`speaks for itself.
`10. Defendant admits that it is a signatory to a July 1, 1987 Motion
`Picture Financing, Production, and Distribution Agreement with Marble Hall
`Productions, Inc. (the “FPD Agreement”), which is attached as Exhibit 2 to the
`Complaint, and which agreement speaks for itself.
`11. Defendant admits the allegations contained in this paragraph.
`12. Defendant admits that an “Exhibit 1” is attached to the FPD
`Agreement, which document speaks for itself.
`13. Defendant admits that the motion picture Maniac Cop was released
`worldwide in 1988, and further admits that Defendant received compensation
`pursuant to the terms of the FPD Agreement.
`14. Defendant admits that a copyright registration for the 1988 motion
`picture Maniac Cop is attached as Exhibit 1 to the Complaint, which registration
`speaks for itself.
`15. Defendant admits the allegations contained in this paragraph.
`16. Defendant admits that Exhibits 2 through 7 are attached to the
`Complaint, which documents speak for themselves. Except as so admitted,
`Defendant denies the allegations contained in this paragraph. This paragraph also
`consists of legal contentions to which no response is required. However, to the
`extent a response is required, Defendant denies the legal contentions.
`17. Defendant admits that the document attached as Exhibit 4 to the
`Complaint speaks for itself. Except as so admitted, Defendant denies the
`allegations contained in this paragraph. This paragraph also consists of legal
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 3:23-cv-01264-AGS-DEB Document 15 Filed 10/06/23 PageID.167 Page 4 of 10
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`contentions to which no response is required. However, to the extent a response is
`required, Defendant denies the legal contentions.
`18. Defendant admits that the document attached as Exhibit 4 to the
`Complaint speaks for itself. Except as so admitted, Defendant denies the
`allegations contained in this paragraph. This paragraph also consists of legal
`contentions to which no response is required. However, to the extent a response is
`required, Defendant denies the legal contentions.
`19. Defendant admits that Larry Cohen died on March 23, 2019, and
`further admits that the document attached as Exhibit 4 to the Complaint speaks
`for itself. Except as so admitted, Defendant denies the allegations contained in
`this paragraph. This paragraph also consists of legal contentions to which no
`response is required. However, to the extent a response is required, Defendant
`denies the legal contentions.
`20. Defendant admits that the document attached as Exhibit 4 to the
`Complaint speaks for itself. Except as so admitted, Defendant denies the
`allegations contained in this paragraph. This paragraph also consists of legal
`contentions to which no response is required. However, to the extent a response is
`required, Defendant denies the legal contentions.
`21. Defendant denies the allegations contained in this paragraph. This
`paragraph also consists of legal contentions to which no response is required.
`However, to the extent a response is required, Defendant denies the legal
`contentions.
`22. Defendant admits that it is a a signatory to the FPD Agreement,
`which is attached as Exhibit 2 to the Complaint, and which agreement speaks for
`itself. Except as so admitted, Defendant denies the allegations contained in this
`paragraph. This paragraph also consists of legal contentions to which no response
`is required. However, to the extent a response is required, Defendant denies the
`legal contentions.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 3:23-cv-01264-AGS-DEB Document 15 Filed 10/06/23 PageID.168 Page 5 of 10
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`23. Defendant admits that the document attached as Exhibit 4 to the
`Complaint speaks for itself. Except as so admitted, Defendant denies the
`allegations contained in this paragraph. This paragraph also consists of legal
`contentions to which no response is required. However, to the extent a response is
`required, Defendant denies the legal contentions.
`FIRST CAUSE OF ACTION
`(Declaratory Relief Re: Copyright Ownership As A Result Of Work Made
`For Hire)
`24. Defendant restates, re-alleges and incorporates herein by reference
`its responses contained in Paragraphs 1 through 23, inclusive, as if fully set forth
`herein.
`25. Defendant denies the allegations contained in this paragraph. This
`paragraph also consists of legal contentions to which no response is required.
`However, to the extent a response is required, Defendant denies the legal
`contentions.
`26. Defendant denies the allegations contained in this paragraph.
`27. Defendant denies the allegations contained in this paragraph.
`28. Defendant denies the allegations contained in this paragraph.
`29.
`This paragraph is unintelligible as phrased, and thus Defendant lacks
`knowledge or information sufficient to form a belief about the truth of the
`allegations contained in this paragraph and on that basis denies those allegations.
`30. Defendant admits that Plaintiff is seeking a judicial determination.
`31.
`This paragraph consists of legal contentions to which no response is
`required. However, to the extent a response is required, Defendant denies the
`legal contentions.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 3:23-cv-01264-AGS-DEB Document 15 Filed 10/06/23 PageID.169 Page 6 of 10
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`SECOND CAUSE OF ACTION
`(Alternative Claim For Declaratory Relief Re: Ownership Of Sequel And
`Remake Rights In Plaintiff)
`32. Defendant restates, re-alleges and incorporates herein by reference
`its responses contained in Paragraphs 1 through 31, inclusive, as if fully set forth
`herein.
`33. Defendant denies the allegations contained in this paragraph. This
`paragraph also consists of legal contentions to which no response is required.
`However, to the extent a response is required, Defendant denies the legal
`contentions.
`34. Defendant admits that Plaintiff is seeking declaratory relief.
`35. Defendant denies the allegations contained in this paragraph. This
`paragraph also consists of legal contentions to which no response is required.
`However, to the extent a response is required, Defendant denies the legal
`contentions.
`This paragraph consists of legal contentions to which no response is
`36.
`required. However, to the extent a response is required, Defendant denies the
`legal contentions.
`
`THIRD CAUSE OF ACTION
`(Declaratory Relief Re: Lanham Act 43(a)(1)(A))
`37. Defendant restates, re-alleges and incorporates herein by reference
`its responses contained in Paragraphs 1 through 36, inclusive, as if fully set forth
`herein.
`38. Defendant denies the allegations contained in this paragraph. This
`paragraph also consists of legal contentions to which no response is required.
`However, to the extent a response is required, Defendant denies the legal
`contentions.
`39. Defendant denies the allegations contained in this paragraph.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`40. Defendant admits that Plaintiff is seeking declaratory relief.
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`AFFIRMATIVE DEFENSES
`Without assuming the burden of proof on any matters that would otherwise
`rest with Plaintiff, and expressly denying any and all wrongdoing, Defendant
`asserts the following affirmative defenses.
`
`FIRST AFFIRMATIVE DEFENSE
`(Lack of Copyright Ownership)
`Plaintiff’s claims for relief are barred, in whole or in part, by the fact
`1.
`that Larry Cohen’s underlying grant of copyright rights in and to the original
`screenplay entitled Maniac Cop (authored by Larry Cohen) was validly terminated
`pursuant to Section 203(a) of the United States Copyright Act (17 U.S.C. §203(a))
`and the regulations issued thereunder by the Register of Copyrights, 37 C.F.R.
`§201.10.
`
`SECOND AFFIRMATIVE DEFENSE
`(Waiver)
`Plaintiff’s claims for relief are barred, in whole or in part, by the
`2.
`doctrine of waiver.
`
`THIRD AFFIRMATIVE DEFENSE
`(Estoppel)
`Plaintiff’s claims for relief are barred, in whole or in part, by the
`3.
`doctrine of estoppel.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 3:23-cv-01264-AGS-DEB Document 15 Filed 10/06/23 PageID.171 Page 8 of 10
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`FOURTH AFFIRMATIVE DEFENSE
`(Unclean Hands)
`Plaintiff’s claims for relief are barred, in whole or in part, by the
`4.
`doctrine of unclean hands insofar as Plaintiff’s own actions have caused the
`alleged harm, if any.
`
`FIFTH AFFIRMATIVE DEFENSE
`(No Standing)
`Plaintiff is not entitled to certain relief under the statutes and legal
`5.
`theories invoked in the Complaint because it lacks standing.
`
`SIXTH AFFIRMATIVE DEFENSE
`(Unjust Enrichment)
`Any relief awarded to Plaintiff in this action would constitute unjust
`
`6.
`enrichment.
`
`SEVENTH AFFIRMATIVE DEFENSE
`(Statute of Limitations)
`Plaintiff’s claims for relief are barred, in whole or in part, by the
`7.
`applicable statutes of limitations.
`
`EIGHTH AFFIRMATIVE DEFENSE
`(Laches)
`Plaintiff’s claims for relief are barred, in whole or in part, by the
`8.
`doctrine of laches.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 3:23-cv-01264-AGS-DEB Document 15 Filed 10/06/23 PageID.172 Page 9 of 10
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`NINTH AFFIRMATIVE DEFENSE
`(Consent)
`Plaintiff’s claims for relief are barred, in whole or in part, under the
`9.
`doctrine of consent.
`
`TENTH AFFIRMATIVE DEFENSE
`(Right to Assert Additional Defenses)
`10. Defendant presently has insufficient knowledge or information on
`which to form beliefs as to whether there are additional, as yet unstated
`affirmatives defenses. Thus, subject to discovery in this action, Defendant
`expressly reserves its right to assert additional affirmative defenses.
`
`PRAYER FOR RELIEF
`WHEREFORE, Defendant prays for relief as follows:
`1.
`That Plaintiff’s Complaint be dismissed with prejudice in its entirety;
`2.
`That Plaintiff take nothing by its Complaint and that judgment be
`entered against Plaintiff in favor of Defendant;
`3.
`That Defendant be awarded all its costs and any recoverable
`attorney's fees incurred in defending against this lawsuit; and
`4.
`That Defendant be granted such other and further relief as this Court
`may deem just and proper.
`
`Dated: October 4, 2023
`
`LAVELY & SINGER
`PROFESSIONAL CORPORATION
`MARTIN D. SINGER
`DAVID B. JONELIS
`By: /s/ Martin D. Singer
`MARTIN D. SINGER
`Attorneys for Defendant
`LARCO PRODUCTIONS, INC.
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`Case 3:23-cv-01264-AGS-DEB Document 15 Filed 10/06/23 PageID.173 Page 10 of 10
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`DEMAND FOR JURY TRIAL
`Defendant LARCO PRODUCTIONS, INC. hereby demands a jury trial on
`Plaintiff’s Complaint pursuant to Rule 38 of the Federal Rules of Civil Procedure.
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`Dated: October 4, 2023
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`LAVELY & SINGER
`PROFESSIONAL CORPORATION
`MARTIN D. SINGER
`DAVID B. JONELIS
`By: /s/ Martin D. Singer
`MARTIN D. SINGER
`Attorneys for Defendant
`LARCO PRODUCTIONS, INC.
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`DEFENDANT’S ANSWER TO COMPLAINT
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