David Forest Comes Out Swinging!

A PERSONAL NOTE FROM DAVID FOREST – Let me try and explain what’s going on. First of all, forget that link to THE SWORD’S article. They removed the article, since it simply was NOT accurate. It talked about how the State Supreme Court had mandated that I couldn’t book XXX stars for films, etc. AND, that I might serve “hard time” if I didn’t follow the order. It was L.A. Superior Court, not State Supreme Court. First of all, this is a CIVIL matter … you don’t usually serve time for guilty verdicts, unless it’s a very severe fraud, tax evasion, etc. Booking a few gay porn boys is just NOT top priority with the courts. Unfortunately, Howard and Dean just do NOT want me around the XXX business. Simple as that. WHY? You tell me. And, what they said about a possible “3-strike” problem, is simply false. The 3-strike policy doesn’t apply to civil cases. I’m not even sure if my 1996 felony (pandering) is even a strikeable offense. Let’s move on.

The story, above, at Gay Porn Times , is very factual. I have exercised my right to terminate the agreement with the folks who bought my company in late June of 2008. However, they had gotten a “proposed judgment” against me a year ago, after the first time I found them in breach of contract (that’s where the crap about the court comes in). Instead of responding to the “breach” notification … they obtained this “proposed judgment” which basically just reiterated the “non-compete” portion of the deal (I couldn’t manage/book stars for film, print, internet or live).

It really gets messy when you consider that they DID give me the right to handle MARK DALTON for “everything” (back in early June of this year).

This past August, after continuing to have people confront me with the knowledge of that “non-compete” portion of our deal … I, again, notified the other guys that they were STILL divulging terms of our deal, which is grounds for terminating the agreement. Again, they didn’t respond.

Finally, this past week, I decided that they could NOT ride above the law any longer … and I advised them that I was terminating the agreement (which the deal allows for if any party doesn’t fulfil their obligation and doesn’t remedy the problem within 30 days). They had been telling people about the “non-compete” clause since the day I left for rehab (early July of 2008). Twice, I had found them guilty of breaching the deal … neither time did they respond. I can’t even begin to list the dozens of club owners, porn stars, directors, internet operators, studio producers, journalists/bloggers, etc. 

NOW, the other night when I got to Micky’s with SIMON DEXTER … a process server handed me a copy of that “proposed judgment” from a year ago … but, this time it had “proposed” crossed out … just leaving “judgment.”

David Forest and FabScout's Howard Andrews

SO, they’re trying to AVOID the fact that I’ve terminated the agreement … and, instead, press the court to uphold that “judgment” that says I can’t compete with them.

My stance is that they were advised about the “breach” (Oct. 2008), they were required (per our deal) to remedy the situation. They didn’t … they kept breaching the deal. I advised them a 2nd time (Aug. of 2009) that they were in violation of the agreement (by continuing to tell people about the non-compete portion) … they still refused to do anything about it. AND, finally, I have terminated the agreement.

These guys have been impossible to deal with, from the beginning. I won’t bore you with the horror stories that they’ve created.

The courts HATE anything to do with gay porn. But Howard & Dean’s gripe is totally about me booking guys for gay porn, internet OR live clubs. However, my beef has nothing to do with PORN. It’s just a contractual matter about breaching an agreement, not doing anything to remedy the problem … and, then, having me terminate the deal.

I also question the “true” reason that Howard and Dean wanted to buy my company.  They only took two (2) of my stars … and only got them a total of three (3) LIVE bookings between the two.  They closed the ForestMen website and didn’t even try to recreate and reposition it as initially discussed.  They didn’t open an L.A. office, as promised.  In fact, until I insisted, there wasn’t even a single mention of their acquisition of my company on their site.  They wanted DF to just “dry up” and go away.  My, “the stars reign supreme” way of doing business is not everyone’s philosophy.

One last observation. Being the great “reporter” that he is, my friend, JC ADAMS says, at the bottom of his article about ME … that, a FabScout rep released the following statement to GPTimes: “No comment, it’s in the lawyer’s hands.” I think that’s really lame. Come on, Howard … tell the folks the truth. You tried to SCARE people …. so they wouldn’t want to deal with me if I dared to start back in with the REAL bookings. Problem: you forgot about the confidentiality clause. SO, every time you “spread the word” (about the non-compete thing) … you were breaching the contract and making the termination of the deal that much easier.

We’ll see how this plays out. In the meantime,

I’m going forward with my new company,

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Tags: contracts, David Forest, Howard Andrews