It took two months but ABC has finally responded to Prospect Park’s multi-million dollar legal action over licensed soaps All My Children and One Life To Live. And not unsurprisingly, the network wants the amended complaint quashed – at least the part of it where the production company of the online shows asked to have the license agreement extended and payments to ABC “excused” while the nearly $100 million breach of contract suit moves forward. “Here, Prospect Park is not this Court to resolve an unsettled question by interpreting the Agreement,” says the filing earlier this week by ABC (read it here) in LA Superior Court. “Instead it is doing the exact opposite: asking this Court to rewrite the contract to unsettled something that the parties have already firmly determined – the term of the License. Simply put, Prospect Park’s request is not a proper subject of declaratory relief,” it adds in the motion to strike. ABC has asked Judge Robert L. Hess for a hearing on its motion on February 10.
On November 13, Prospect Park submitted an amended version of its initial April 2013 complaint seeking “at least $30 million in out-of-pocket losses and/or at least $95 million in lost profits” from ABC. PP claims that ABC has been breaking the licensing agreement, the network inked long term agreements with OLTL actors, killing off OLTL characters on loan to General Hospital and deliberately attacking Prospect Park’s sputtering efforts to continue AMC and OLTL online. That’s as a separate complaint from PP co-founder Jeff Kwatinetz filed late last year against the company and investors ABRY, over non-compete clauses, hints that both soaps are already dead after one season online and a suspension of production on OLTL. In the ABC case, a mix of LA and Houston-based attorneys led by trial lawyer James Edward Maloney of Texas’ Andrews Kurth represents Prospect Park. Susan Klein, Jeffrey Valle and Nuritsa Ksachikyan of LA’s Valle Makoff represent ABC