Los Angeles Superior Court Denies FabScout’s Claim Against David Forest

Published on December 3, 2009 by QueenGossip   ·   0 Comments

David Forest in a recent email to GayPornGossip has related that the civil court matter (non-compete/breach of contract)  filed by FabScout Entertainment in the Los Angeles County Superior Court has cleared the path for him to continue as an industry talent agent, representing models such as Brent Corrigan, Mark Dalton, Zeb Atlas, Rocky Hudson, Simon Dexter, Leo Giamani, Kelly Taylor, Cody Cash, Johnny Castle and many others.

FabScout had claimed that Forest breached a contract and that Forest was unable to return to the adult entertainment industry as a talent manager. FabScout had previously purchased David Forest’s talent agency 18 months ago. Of recent Forest has aquired a number of models and has been arranging club appearances, video and print productions.

After 1 ½ years on hiatus, veteran talent manager, David Forest, is returning to the day-to-day talent management business. His new company, The Premiere Artists, has been set up to handle film, print, internet and live bookings for a limited number of A list models.

David Forest relates in a recent personal note to Gay Porn Gossip:

I am very pleased to announce my return to the talent mgt. field. On Thurs., Dec. 3, in Van Nuys Superior Court (Civil Division “T”), FabScout Entertainment. sought a “contempt of court” order … claiming that I was breaching the “non-compete” stipulation I had agreed to a year prior;  The Judge denied the request.  He explained that the non-compete portion of the FabScout/Forest/Vinyard agreement is illegal in Calif. AND non-enforceable.  That gives me the green light to proceed with my new talent mgt. company, The Premiere Artists.   I had already called a HALT to our initial agreement, using the termination provision that we had all agreed to when we signed the papers in late June of 2008.  

The issue of “karma” surely played it’s part in the court’s startling decision last week. FabScout had not followed through with their announcements at the press gathering on July 1, 2008 AND in the written press release they sent out about their acquisition of DFE.  In both announcements FabScout described the plans they had for their company with the addition of DF Ent (the stars, the website, the bi-coastal offices, the continuation of the Forest brand, etc.).   It was asking for trouble for FabScout to come to Hollywood and make announcements that they did not live up to.  It was also wrong to ask me to sign an agreement which had a portion that a Calif. judge now says is illegal and non-enforceable. FabScout’s motion to find me in contempt of court was denied.

GayPornGossip has verified that information with the Los Angeles County Superior Court:

Case Number: LC083219
FABSCOUT ENTERTAINMENT VS DAVID FOREST

Filing Date: 10/27/2008
Case Type: Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
Status: Judgment-Other-Before Trial 12/01/2008

Parties In Proceedings

FABSCOUT ENTERTAINMENT – Plaintiff

KAUFMAN GARY JAY – Attorney-Plaintiff

FOREST DAVID – Defendant

FELDMAN IAN ROBERT – Attorney-Defendant

Proceeding Information

12/03/2009 Proof of Service (OF DOCUMENTS IN SUPPORT OF EX PARTE APPLICATION )
Filed by Attorney-Plaintiff

12/03/2009 Supplement (SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF’S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CIVIL CONTEMPT)
Filed by Attorney-Plaintiff

12/01/2009 Notice-Continuance (AMENDED NOTICE OF CONTINUANCE OF HEARING ON EX PARTE APPLICAITON FOR ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CIVIL CONTEMPT )
Filed by Attorney-Plaintiff

11/30/2009 Notice-Continuance (OF HEARING ON EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CIVIL CONTEMPT )
Filed by Attorney-Plaintiff

11/24/2009 Declaration (OF DANA MILMEISTER AND HOWARD MARR AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S EX PARTE APPLICATION )
Filed by Attorney-Plaintiff

11/24/2009 Memorandum-Points & Authorities (IN SUPPORT OF PLAINTIFF’S EX PARTE APPLICATION )
Filed by Attorney-Plaintiff

11/24/2009 Declaration (CHARGING DECLARATION OF DANA MILMEISTER IN SUPPORT OF PLAINTIFF’S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CIVIL CONTEMPT)
Filed by Attorney-Plaintiff

11/24/2009 Declaration (OF DANA MILMEISTER RE NOTICE OF PLAINTIFF’S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CIVIL CONTEMPT )
Filed by Attorney-Plaintiff

11/24/2009 Ex-Parte Application (FOR ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CIVIL CONTEMPT )
Filed by Attorney-Plaintiff

12/05/2008 Proof of Service (OF JUDGMENT )
Filed by Attorney-Plaintiff

12/01/2008 Declaration (IN SUPPORT OF STIP TO JUDGMENT )
Filed by Attorney-Plaintiff

12/01/2008 Stipulation-Entry of Judgment
Filed by Attorney-Plaintiff

12/01/2008 Judgment (ON STIP )
Filed by Attorney-Plaintiff

11/04/2008 Summons Filed (ON 1ST A/C )
Filed by Attorney-Plaintiff

11/04/2008 Complaint-Amended (1st)
Filed by Attorney-Plaintiff

10/29/2008 Stipulation & Order (TO PRELIMINARY INJUNCT. )
Filed by Attorney-Plaintiff

10/27/2008 Summons-Issued
Filed by Attorney-Plaintiff

10/27/2008 Notice-Case Management Conference

10/27/2008 Complaint
Proceedings Held (Proceeding dates listed in descending order)

12/03/2009 at 08:30 am in Department NWT, BERT GLENNON, JR, Presiding
Application-Ex-Parte (PLAINTIFF’S EX PARTE APPLICATIONFOR ORDER TO SHOW CAUSE WHYDEFENDANT SHOULD NOT BE HELD INCIVIL CONTEMPT) – Denied

11/24/2009 at 08:30 am in Department NWQ, RICHARD B WOLFE, Presiding
Application-Ex-Parte (PLAINTIFF’S EX PARTE APP FOR ORDERTO SHOW CAUSE WHY DEFENDANT SHOULDNOT BE HELD IN CIVIL CONTEMPT)

INFORMATION OBTAINED FROM: Court Record LA County Superior Court

 

Tags: David Forest, Fabscout, lawsuit, legal, Los Angeles