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Settlement rejection by Siegel heirs - March 4, 2013

Settlement rejection by Siegel heirs - March 4, 2013

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Published by Jeff Trexler
Correspondence excerpts - Marc Toberoff, Dan Petrocelli
Correspondence excerpts - Marc Toberoff, Dan Petrocelli

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Categories:Types, Comics
Published by: Jeff Trexler on Mar 05, 2013
Copyright:Attribution Non-commercial

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04/13/2013

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BEIJINGBRUSSELSHONG KONGLONDONLOS ANGELESNEWPORT BEACHNEW YORK 
1999 Avenue of the Stars, 7th FloorLos Angeles, California 90067-6035
TELEPHONE
(310) 553-6700
 
FACSIMILE
(310) 246-6779
 www.omm.com
SAN FRANCISCOSHANGHAISILICON VALLEY SINGAPORETOKYO WASHINGTON, D.C.OU
 
FILE
 
NUMBER 
905900-321
 WRITER’S
 
DIRECT
 
DIAL
(310)
 
246-6850
 WRITER’S
 
E-MAIL
 
 ADDRESS
dpetrocelli@omm.com
January 29, 2013
VIA E-MAIL
Marc Toberoff Toberoff & Associates, P.C.22631 Pacific Coast Highway #348Malibu, CA 90265
Re: October 19, 2001 Settlement Agreement Payment
Dear Marc:In view of the Ninth Circuit’s January 10th decision “that the October 19, 2001, letter created an agreement,” DC Comics is prepared to tender payment under that Agreement. In thatregard, we ask you to confirm that your clients are now prepared to perform under theAgreement pursuant to its terms.The Agreement provides that DC Comics shall make payment directly to four parties:Joanne Siegel (47.5%), Laura Siegel Larson (23.75%), Michael Siegel (23.75%) and Gang, Tyre,Ramer & Brown (5%). However, as Joanne Siegel and Michael Siegel are deceased, it appearsthat payments of their respective shares should be made directly to their respective estate’srepresentatives. We understand that Laura Siegel Larson is the Personal Representative of theEstate of Joanne Siegel and that Melvin Banchek is the Fiduciary of the Estate of Michael Siegel.The Agreement also provides that DC Comics is to reimburse Laura Siegel Larson for costs of medical and dental insurance for her and her sons (for so long as they were minors)incurred since November 2000. Please have Ms. Larson provide us with appropriatedocumentation so that these amounts can be reimbursed.Finally, Paragraph C.9 of the Agreement provides the opportunity for the Siegel Familyto be informed about, and provide input regarding, major Superman developments. If Ms.Larson is interested in exercising this opportunity with respect to the forthcoming motion picture
 Man of Steel 
, please so advise and I will have Diane Nelson of DC Entertainment makeappropriate arrangements.
EXHIBIT 20
368
Case 2:04-cv-08400-ODW-RZ Document 709-2 Filed 03/04/13 Page 370 of 383 Page ID
 
#:15835
 
January 29, 2013, Page 2
The foregoing is without prejudice to DC Comics’ defenses, claims and remedies,including, without limitation, damages for breach of contract, claims for attorney’s fees andcosts, and rights of offset, all of which are hereby reserved.Very truly yours,/s/ Daniel M. PetrocelliDaniel M. Petrocelliof O’MELVENY & MYERS LLPcc: Melvin Banchek Gerald Berk Donald BulsonRichard KendallArthur LevineJohn Pettker Bruce Ramer Gary RuttenbergGeorge Zadorozny
EXHIBIT 20
369
Case 2:04-cv-08400-ODW-RZ Document 709-2 Filed 03/04/13 Page 371 of 383 Page ID#:15836
 
 
TOBEROFF & ASSOCIATES, P.C.
A PROFESSIONAL CORPORATION
MARC
 
 TOBEROFF*KEITH
 
G.
 
ADAMSPABLO
 
D.
 
ARREDONDO*DAVID
 
HARRIS* Also admitted in New York
22337 PACIFIC COAST HIGHWAY #348MALIBU, CALIFORNIA 90265
 TELEPHONE(310) 246-3333FACSIMILE(310) 246-3101mtoberoff@toberoffandassociates.com
February 9, 2013Via E-MailDaniel PetrocelliO’Melveny and Myers LLP1999 Avenue of the Stars, 7th FloorLos Angeles, CA 90067Re:
Larson v. Warner Bros. Entertainment Inc., et al.
, Case No. 10-CV-08400 ODW (RZx)Dear Dan:I write on behalf of plaintiff Laura Siegel Larson, in response to your January 29, 2013 letter. Therein, defendant DC Comics purports to offer to tender performance pursuant to an October19, 2001 letter.As a preliminary matter, while the Ninth Circuit held that the October 19, 2001 letter constitutedan acceptance sufficient to create a contract on that date, it decidedly did not order the districtcourt to enter judgment in DCs favor. Instead, the Ninth Circuit expressly remanded anddirected the district court to adjudicate “DCs third and fourth counterclaims” regarding theOctober 19, 2001 letter. DCs contract counterclaims and Ms. Larson’s defenses to thosecounterclaims will need to be litigated, pursuant to the same legal standards and proceduresapplicable to any such claims and defenses.DC’s prodding the district court to hastily “enter judgment” in DC’s favor with no regard forwell-worn legal standards, such as those governing summary judgment and trial of materialissues of fact, is transparent and improper.DCs purported and belated “tender” of performance under the October 19, 2001 letter is faciallyincomplete and illusory. Among other deficiencies, and reserving all of Ms. Larson’s rights anddefenses, are the following:1. While DC offers to tender “payment,” it does not specify the amount. Under the terms of the October 19, 2001 letter, DC would have been obligated to pay fixed compensation of at least$8.5 million over the past decade, commencing with $3.5 million on March 31, 2002. DC wouldalso have been obligated to render annual accountings commencing on March 31, 2002 of the
EXHIBIT 21
370
Case 2:04-cv-08400-ODW-RZ Document 709-2 Filed 03/04/13 Page 372 of 383 Page ID#:15837

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