EXCLUSIVE: Ryan Brooks is proof that if at first you don’t succeed in Hollywood, try, try again – especially in the courts. Just over eight months after his first multimillion-dollar Trouble With The Curve copyright infringement lawsuit was tossed, Brooks and his Gold Glove Productions launched today a new $5 million breach of contract complaint over the pic in LA Superior Court (read it here).
With different lawyers than last time, Brooks isn’t claiming now that Warner Bros, Gersh or producer and director Robert Lopez had anything to do with how his idea for a baseball movie allegedly ended up being a Clint Eastwood starring movie released in September 2012 to moderate box office. But like in his last lawsuit, first filed on October 1, 2013, Brooks is going after United Talent Agency, UTA lit agent Charles Ferraro, TWTC screenplay writer Randy Brown and Dan Handfield and his wife Tressa Difiglia Handfield. Back in early 2005, Brooks retained the Handfields on a work for hire basis to write his baseball script Omaha. And that’s were it all went wrong, Brooks says.
“Handfield, and Tressa breached the Agreement and Contract, and in particular the confidentiality clause, by disclosing the Screenplay, without authorization, UTA and Ferraro who in turn disclosed it to Brown,” says today’s filing. Ferraro was representing Handfield at the time says Brooks. “Brown used the ideas embodied in the Screenplay to purportedly write a script entitled Trouble With The Curve which was released as a motion picture starring Clint Eastwood and Amy Adams (the “Film”). Brown received credit as the sole writer.”
Brooks wants at least $5 million in damages “according to proof” in the 3-claim filing plus for defendants to disgorge fro Defendants any and all ill-gotten gains including fees, commissions and salaries Defendants received from their unlawful conduct.”
He might have a hard time of that. The last case was a mess for Brooks with allegations of bad experts by WB’s lawyers. Then there were the dismissive remarks from federal Judge Dale Fischer calling parts of Brooks’ First Amended Complaint “irrelevant,” “frivolous” and “insulting Defendants.” As he has started this new lawsuit, Brooks is also continuing an appeal of the federal case.
Glen Kulik and Patricia Brum of Sherman Oaks’ firm Kulik Gottesman & Siegel LLP are representing Brooks and Gold Glove in this matter.