BRIAN M.

GROSSMAN (SBN 166681)

BETHANY R. BURRILL (SBN 294088)
2 TESSER I GROSSMAN LLP
11990 San Vicente Blvd., Suite 300
3 Los Angeles, California 90049
Tel: (310) 207-4558
4 Fax: (424) 256-2689
www.tessergrossman.com
5
. Attorneys for Plaintiff
6 RYANMOODY

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF LOS ANGELES

10

11 RYAN MOODY, an individual, ) SC 12 8 91 :1

Case No.:
)
12 Plaintiff, )
) COMPLAINT FOR:
13 vs. )
) . (1) RESCISSION
14 RABBITBANDINI PRODUCTIONS, LLC,) (2) INTENTIONAL
a California limited liability company; ) MISREPRESENTATION
15 POINT GREY PICTURES, INC., a ) (3) NEGLIGENT
California corporation; and Does 1-20, ) MISREPRESENTATION
16 inclusive, ) (4) BREACH OF WRITTEN CONTRACT
) (5) BREACH OF ORAL CONTRACT
17 Defendants. )
)
18

19

20

21

22

23

24

25
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COMPLAINT
 COMPLAINT

2 Plaintiff Ryan Moody ("Moody") alleges for his Complaint as follows:

4 INTRODUCTION

5 1. Moody is the first, uncredited screenwriter of the motion picture The Disaster Artist,

6 which has been nominated for a "Best Adapted Screenplay" Oscar. Through misrepresentations

7 made by Rabbit Bandini Productions and its managing agents James Franco, Vince Jolivette and Iris

8 Torres, Moody was induced to sell his screenplay for only $5,000. More particularly, these

9 individuals promised Moody that if he sold his The Disaster Artist screenplay to RabbitBandini for
10 the modest sum of $5,000, then RabbitBandini would give Moody an associate producer credit on

11 The Disaster Artist and engage Moody to write and direct another similarly budgeted movie called

12 On the Bus. In fact, however, RabbitBandini considered On the Bus to be a micro-budget film and,

13 after Moody had signed away his rights to The Disaster Artist, Jolivette eventually told Moody that

14 RabbitBandini would produce On the Bus on a $50,000 budget. Moreover, RabbitBandini did not

15 give Moody an associate producer (or any other) credit on The Disaster Artist. Had Moody been
16 aware of the true facts, he never would have sold The Disaster Artist for only $5,000, and he brings

17 this action to rescind that agreement (Exhibit A hereto).

18 2. More particularly, between October of2013 and April of 2014, Moody wrote and

19 delivered five drafts of The Disaster Artist to defendants RabbitBandini Productions

20 ("RabbitBandini") and Point Grey Pictures, Inc. ("Point Grey"). In April of 2014, however,

21 RabbitBandini' s James Franco ("Franco") told Moody that Point Grey wanted to replace Moody with

22 established (i.e., credited) writers. While initially reluctant to step aside, Moody was convinced by

23 Franco, his producing partner Vince Jolivette ("Jolivette"), RabbitBandini executive Iris Torres
24 ("Torres") and Point Grey executive James Weaver ("Weaver") to sign away his work for only

25 $5,000. See Exhibit A (Purchase Agreement).

26 3. RabbitBandini induced Moody to sell his The Disaster Artist screenplay for only

27 $5,000 by promising Moody that he would receive an associate producer credit on The Disaster

28 Artist, and that he could write and direct a different film called On the Bus, whose budget would be

COMPLAINT
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 1 similar to what was then projected for The Disaster Artist. Jolivette and Torres also told Moody that
2 RabbitBandini would not work with Moody in the future unless he signed over his rights to The

3 Disaster Artist.

4 4. At that point in time, Moody's contacts in the movie industry consisted of the people

5 he knew at RabbitBandini (i.e., Franco and Jolivette) and Point Grey '(i.e., Weaver and

6 writer/producer/actors Seth Rogen and Evan Goldberg). Rather than destroy those seemingly

7 valuable relationships and start again from scratch, and with the expectation that he would receive

8 a producing credit on The Disaster Artist and would write and direct a similarly budgeted film,

9 Moody eventually agreed to sell his The Disaster Artist screenplay for $5,000 (Exh. A).

10 5. Before Moody signed away his rights to The Disaster Artist for $5,000, Jolivette told

11 him that RabbitBandini projected the budget for On the Bus to be in the $5-$10 million range. After

12 Moody signed away his rights to The Disaster Artist, Jolivette reduced the budget for On the Bus to

13 $50,000. At that point, Moody realized that he had been played.

14 6. Both Moody's screenplay and the The Disaster Artist motion picture were adapted

15 from the book The Disaster Artist: My Life Inside the Room by Greg Sestero and Tim Bissell (the

16 "Book"). Moody is informed and believes, and based thereon alleges that elements of his screenplay

17 were used by The Disaster Artist's credited writers, Scott Neustadter and Michael H. Weber. For

18 example, at approximately 1hour20 minutes to 1hour35 minutes of the movie, the "Tommy" and

19 "Greg" characters are at the theater for the screening of The Room, and make everyone wait before

20 they get out of the car. Everyone takes their seats. Tommy is introduced. He introduces the film.

21 Scenes from The Room play on screen. The audience is turned off as they realize the film is terrible.

22 As the film progresses, people begin to laugh at how bad it is. Tommy runs out of the theater when

23 he realizes that the audience does hot like the movie. Greg runs after him to make him feel better

24 with a cathartic pep talk about Tommy realizing his dream. Tommy then "owns" the film, and

25 returns to the theater, triumphant. Fade to black. A screen with facts about The Room appear,

26 followed by the real Tommy being celebrated by fans around the world. None of the foregoing

27 appear in the Book, but are in Moody's screenplay and in The Disaster Artist.

28 ///

COMPLAINT
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 PARTIES

2 7. Plaintiff Ryan Moody ("Moody") is, and at all times material hereto was, an

3 individual residing in Los Angeles County, California.

4 8. Moody is informed and believes, and based thereon alleges that defendant

5 RabbitBandini Productions, LLC ("RabbitBandini") is, and at all times material hereto was, a limited

6 liability company organized and existing under the laws of the State of California, with its principal

7 place of business located within Los Angeles County.

8 9. Moody is informed and believes, and based thereon alleges that defendant Point Grey

9 Pictures, Inc. ("Point Grey") is, and at all times material hereto was, a corporation organized and

10 existing under the laws of the State of California, with its principal place of business located within

11 Los Angeles County.

12 10. The true names and capacities of Does 1 through 20, inclusive, are unknown to

13 Moody, who therefore sues said Defendants by fictitious names. When the true names and capacities

14 of the Doe Defendants are known, Moody will seek leave to amend this Complaint. Moody is

15 informed and believes, and based thereon alleges that such Defendants, and each of them, took some

16 part in the acts and omissions alleged herein, and, as a direct and proximate result thereof, have

17 incurred liability to Moody for the relief prayed for herein. Each non-specific reference in this

18 Complaint to "Defendant" or "Defendants" refers to RabbitBandini, Point Grey and to all Doe

19 Defendants sued under fictitious names.

20 11. Moody is informed and believes, and based thereon alleges that the Defendants are,

21 and at all times material hereto were the agents, servants, officers, employees, joint venturers, co-

22 conspirators, representatives or partners of each of the other Defendants herein, and, in doing and

23 taking part in the things and acts herein alleged, were acting within the course and scope of such

24 authority conferred upon that party by consent, approval, or ratification, whether such authority was

25 actual or apparent.

26 12. Moody is informed and believes, and based thereon alleges that the Defendants, at

27 all times material hereto, unlawfully conspired and acted in concert and participated with one or

28 more ofthe remaining Defendants in committing and performing the acts and conduct alleged herein,

COMPLAINT
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 for the express and intended purpose of committing or performing the acts and conduct alleged

2 herein, all to the damage and detriment of Moody.

4 FACTUAL ALLEGATIONS

5 13. In or around October of2012, Moody was a student in a class Franco taught at UCLA

6 called "Adaptation and Collaboration" (the "Class").

7 14. In or around February of2013, and as part of the Class, Moody directed Franco in a

8 short film called A Walk in Winter. After seeing the film, Franco told Moody that he was impressed

9 with Moody's work.

10 15. In or around July of2013, and as part of the Class, Moody directed Franco in a short

11 film called Obituaries. While on the set for that film, Franco asked Moody if Moody would serve

12 as Franco's teaching assistant for the next "Adaptation and Collaboration" class (the "Next Class").

13 Moody agreed.

14 16. Starting in or around September of 2013, Moody served as Franco's official teaching

15 assistant for the Next Class, and also served as Franco's unofficial teaching assistant for an English

16 class Franco was teaching at UCLA.

17 17. On October 18, 2013, Franco emailed Moody and asked him whether he would adapt

18 the Book into a screenplay. Moody agreed. A true and correct copy of email communications

19 between Franco and Moody is attached hereto as Exhibit B and incorporated herein by reference.

20 18. Franco requested a draft of the screenplay by the end of November 2013 (Exh. B).

21 To meet that deadline, Moody worked upwards of 60 hours per week on the screenplay, while also

22 serving as Franco's teaching assistant as alleged above.

23 19. On November 20, 2013, Moody emailed a first draft of The Disaster Artist to Franco

24 and Jolivette. A true and correct copy of this email is attached hereto as Exhibit C and incorporated

25 herein by reference.

26 20. Between November 21-24, 2013, and at Franco's request, Moody traveled to the

27 Vancouver set of the motion picture The Interview to "pitch" The Disaster Artist to Point Grey, and

28 Ill

COMPLAINT
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 in particular its principals Weaver, Seth Rogen ("Rogen") and Evan Goldberg ("Goldberg").

2 Weaver, Rogen and Goldberg expressed interest in the project.

3 21. On December 5, 2013, Moody, Franco, Jolivette, Weaver, Rogen and Goldberg held

4 a live reading of Moody's The Disaster Artist screenplay via Skype.

5 22. On or about December 7, 2013, Moody, Weaver and others participated in another

6 Skype session, wherein the participants gave Moody notes on his screenplay. A true and correct

7 copy of email correspondence between Moody and Weaver regarding this Skype session is attached

8 hereto as Exhibit D and incorporated herein by reference.

9 23. On January 9, 2014, Moody emailed his second draft of The Disaster Artist to Franco,

10 Jolivette, Torres, Weaver, Rogen, Goldberg and others. A true and correct copy of Moody's email

11 is attached hereto as Exhibit E and incorporated herein by reference.

12 24. On January 22, 2014, Moody emailed his third draft of The Disaster Artist to Franco.

13 A true and correct copy of Moody's email is attached hereto as Exhibit F and incorporated herein

14 by reference.

15 25. On January 28, 2014, Moody meet with Franco, Jolivette, Torres, Rogen, Goldberg

16 and Weaver on the lot of Sony Pictures to discuss Moody's latest draft of The Disaster Artist. A true

17 and correct copy of email correspondence regarding this meeting is attached hereto as Exhibit G and

18 incorporated herein by reference.

19 26. On February 7, 2014, Deadline Hollywood published an article stating that

20 RabbitBandini had optioned the rights to the Book, and that a movie based thereon would be

21 produced by RabbitBandini and Point Grey. The article further stated that Moody was writing the

22 screenplay. A true and correct copy of this article is attached hereto as Exhibit Hand incorporated

23 herein by reference.

24 27. On February 9, 2014, Moody emailed his fourth draft of The Disaster Artist to

25 Franco, Jolivette, Torres, Ro gen, Goldberg, Weaver and others. A true and correct copy ofthis email

26 is attached hereto as Exhibit I and incorporated herein by reference.

27 28. On February 14, 2014, Torres emailed Moody an Independent Contractor Agreement

28 regarding his services as writer on The Disaster Artist. Among other things, the Independent

COMPLAINT
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 Contractor Agreement provided that Moody would be paid the minimum amount payable under the

2 Writers Guild of America collective bargaining agreement, and that Moody would receive a

3 "Screenplay by Ryan Moody" credit. A true and correct copy of Torres' s email to Moody is attached

4 hereto as Exhibit J and incorporated herein by reference.

5 29. Moody signed the Independent Contractor Agreement, and on February 24, 2014 he

6 delivered the original to Torres. A true and correct copy of the Independent Contractor Agreement

7 signed by Moody is attached hereto as Exhibit Kand incorporated herein by reference. Moody never

8 received a countersigned copy of the Independent Contractor Agreement.

9 30. Later on February 24, 2014, Moody met with Franco, Ro gen and Goldberg to discuss

10 The Disaster Artist.

11 31. On February 25, 2014, Moody emailed his fifth draft of The Disaster Artist to Franco.

12 A true and correct copy of Moody's email is attached hereto as Exhibit L and incorporated herein

13 by reference.

14 32. On February 28, 2014, after receiving notes from Franco, Moody emailed a revised

15 fifth draft of The Disaster Artist to Franco, Jolivette, Torres, Goldberg, Rogen and Weaver. A true

16 and correct copy of Moody's email is attached hereto as Exhibit M and incorporated herein by

17 reference.

18 33. Moody worked full time on The Disaster Artist from November of 2013 through

19 March of 2014, and met regularly with Franco (approximately 2-4 times per month) at The Standard

20 Hotel in Hollywood for several hours at a time, during which Franco gave Moody notes on his

21 screenplay.

22 34. On or about March 31, 2014, Franco told Moody that Point Grey wanted to replace

23 Moody with established (i.e., credited) writers.

24 35. Attached hereto as Exhibit N and incorporated herein by reference is a true and

25 correct copy of email communications between Moody and Franco dated April 2, 2014. In those

26 communications, Franco represented to Moody that Point Grey wanted to make Moody an associate

27 producer on The Disaster Artist. Franco also represented to Moody that RabbitBandini wanted

28 Moody to write and direct On the Bus.

COMPLAINT
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 36. Also on April 2, 2014, Moody emailed Weaver to discuss whether Moody could still

2 receive a writing credit on The Disaster Artist. A true and correct copy of Moody's email is

3 attached hereto as Exhibit 0 and incorporated herein by reference.

4 37. On or about April 2, 2014, and in response to Moody's email, Weaver called Moody,

5 and confirmed that Point Grey had requested that Moody be replaced with established writers. Wea-

6 ver also confirmed that Moody would receive an associate producer credit on The Disaster Artist.

7 38. On or about April 2, 2014, Jolivette called Moody, and confirmed that Moody would

8 receive an associate producer credit on The Disaster Artist, and further confirmed that

9 RabbitBandidni would produce On the Bus for Moody to write and direct.

10 39. On or about May 12, 2014, RabbitBandini provided Moody with a Purchase

11 Agreement for The Disaster Artist. Among other things, the Purchase Agreement provided that

12 Moody was transferring all of his rights to his screenplays for $5,000, and that he would not receive

13 any credit on The Disaster Artist.

14 40. Following his receipt of the Purchase Agreement, Moody had several in-person and

15 telephonic communications with Torres and Jolivette regarding its terms. Specifically, Moody

16 inquired why the Purchase Agreement provided that he would not receive any credit on The Disaster

17 Artist, when Franco, Jolivette and Weaver had repeatedly represented that Moody would receive an

18 associate producer credit. Torres and Jolivette responded that the Purchase Agreement's credit

19 provision meant that Moody would not receive any credit in connection with his writing services,

20 but that he was still going to receive a separate associate producer credit.

21 41. Moody was reluctant to sign the Purchase Agreement, both because he wanted a

22 writing credit on the Movie and also because he believed that $5,000 was a paltry sum considering

23 all of the time and effort he put into his five drafts of The Disaster Artist. Moody expressed his

24 reluctance to Torres and Jolivette. They each responded that if Moody ever wanted to work with

25 RabbitBandini or Point Grey in the future, then he must sign the Purchase Agreement.

26 42. On May 21, 2014, Jolivette emailed Moody that Jolivette "cannot stress the

27 importance of getting" the signed Purchase Agreement. A true and correct copy of this email is

28 attached hereto as Exhibit P and incorporated herein by reference.

COMPLAINT
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 43. On or about May 23, 2014, Moody signed the Purchase Agreement, and caused it to

2 be delivered to RabbitBandini. A true and correct copy of the Purchase Agreement signed by Moody

3 is attached hereto as Exhibit A and incorporated herein by reference. Moody never received a

4 countersigned copy of the Purchase Agreement.

5 44. Between approximately May of 2014 and April of 2016, Moody attempted to

6 develop On the Bus with RabbitBandini. While RabbitBandini initially told Moody that the budget

7 for On the Bus would be in the $5-$10 million range, RabbitBandini reduced the budget to $50,000.

8 45. When Torres and Jolivette told Moody that RabbitBandini had budgeted On the Bus

9 for $50,000, Moody realized that RabbitBandini was not serious about making On the Bus.

10 Consequently, Moody cut his losses and sold On the Bus to The Art of Elysium, Inc., which Moody

11 understood to be a company with which Jolivette was affiliated.

12

13 FIRST CAUSE OF ACTION

14 (For Rescission of the Purchase Agreement against RabbitBandini)

15 46. Moody incorporates herein by reference Paragraphs 1 through 45, inclusive, as

16 though set forth herein in haec verba.

17 47. In April and May of2014, prior to Moody signing the Purchase Agreement, Franco,

18 Jolivette and Torres, on behalf of RabbitBandini, represented to Moody, both in-person (at the

19 UCLA classes taught by Franco), telephonically and in writing (e.g., Exh. N), that if Moody agreed

20 to sign away his rights to The Disaster Artist, then RabbitBandini would produce On the Bus for

21 Moody to write and direct, and that the production of On the Bus would be on the same or similar

22 scale as The Disaster Artist.

23 48. At the time these representations were made, Franco, Jolivette and Torres did not

24 believe them to be true. In fact, RabbitBandini had no idea whether it could or would produce On

25 the Bus, either for a budget equivalent to The Disaster Artist or any other amount. But Franco,

26 Jolivette and Torres knew that On the Bus was a "passion project" of Moody's, and told him what

27 he wanted to hear to get Moody to sign away his rights to The Disaster Artist.

28 ///

COMPLAINT
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 49. In May of 2014, prior to Moody signing the Purchase Agreement, Jolivette and

2 Torres, on behalf of RabbitBandini, represented to Moody, both in-person (at the UCLA classes

3 taught by Franco) and telephonically, that if Moody signed the Purchase Agreement, then he would

4 receive an associate producer credit on the Movie, even though the Purchase Agreement expressly

5 stated that Moody "waives all rights to receive any credit on any motion picture or other production

6 based in whole or in part upon the Property." [Exh. A]. More particularly, Jolivette and Torres

7 explained that while it was true that Moody would not receive a credit based upon "the Property,"

8 which was defined in the Purchase Agreement as Moody's The Disaster Artist screenplay, he would

9 nonetheless receive an associate producer's credit, but only ifhe signed the Purchase Agreement.

10 50. At the time these representations were made, Jolivette and Torres did not believe

11 them to be true. In fact, RabbitBandini had no intention of giving Moody an associate producer

12 credit on The Disaster Artist. Rather, Jolivette and Torres intended to tell Moody what he wanted

13 to hear to get Moody to sign away his rights to The Disaster Artist.

14 51. In reliance on the misrepresentations alleged above, Moody executed the Purchase

15 Agreement. If Moody had known either that: (a) RabbitBandini had no intention of giving Moody

16 an associate producer credit on the Movie; or (b) RabbitBandini had no intention of producing On

17 the Bus on the same or similar scale as The Disaster Artist, then Moody never would have sold his

18 rights to The Disaster Artist for only $5,000.

19 52. Moody's reliance upon the misrepresentations of Franco, Jolivette and Torres was

20 reasonable. By the time these misrepresentations occurred, Moody had worked closely with Franco,

21 Jolivette and Torres for many months, and had considered Franco and his colleagues to be honorable.

22 53. Moody did not discover that RabbitBandini had no intention of producing On the Bus

23 on the same or similar scale as The Disaster Artist until April of 2016, when Jolivette and Torres

24 informed Moody that RabbitBandini intended to produce On the Bus for only $50,000.

25 54. Moody did not discover that he did not receive an associate producer credit on the

26 Movie until it was theatrically released on or about December 8, 201 7.

27 55. Moody seeks rescission of the Purchase Agreement and enforcement of the

28 Independent Contractor Agreement. Moody will suffer substantial harm under the Purchase

COMPLAINT
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 Agreement if it is not rescinded, in that Moody accepted drastically reduced consideration than that

2 to which he was already entitled under the Independent Contractor Agreement. The Purchase

3 Agreement was, effectively, a modification of the Independent Contractor Agreement, and one to

4 which Moody never would have agreed but for the consideration he was promised: (a) in the form

5 of an associate producer credit on The Disaster Artist; and (b) in connection with On the Bus.

6 56. Moody intends service of the Summons and Complaint in this action to serve as

7 notice of rescission of the Purchase Agreement.

8 57. In performing the acts herein alleged, RabbitBandini intentionally misrepresented

9 facts known to it, specifically that RabbitBandini was not prepared to produce On the Bus for Moody

10 to write and direct on a scale similar to The Disaster Artist, and had no intention of giving Moody

11 an associate producer credit on The Disaster Artist. RabbitBandini made these misrepresentations

12 with the intention of obtaining Moody's valuable rights to The Disaster Artist for far less than fair

13 market value. RabbitBandini's conduct as alleged above justifies an award of punitive damages.

14

15 SECOND CAUSE OF ACTION

16 (For Intentional Misrepresentation against RabbitBandini)

17 58. Moody incorporates herein by reference Paragraphs 1 through 57, inclusive, as though

18 set forth herein in haec verba.

19 59. As a direct and proximate result of the misrepresentations as alleged herein, Moody

20 has suffered damages in an amount according to proof. More particularly, but for RabbitBandini's

21 conduct as herein alleged, Moody would have been entitled to substantial consideration pursuant to

22 the Independent Contractor Agreement, including a substantially greater fee and a writer credit.

23 60. In performing the acts herein alleged, RabbitBandini intentionally misrepresented

24 facts known to it, specifically that RabbitBandini was not prepared to produce On the Bus for Moody

25 to write and direct on a scale similar to The Disaster Artist, and had no intention of giving Moody

26 an associate producer credit on The Disaster Artist. RabbitBandini made these misrepresentations

27 with the intention of obtaining Moody's valuable rights to The Disaster Artist for far less than fair

28 market value. RabbitBandini' s conduct as alleged above justifies an award of punitive damages.

COMPLAINT
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 THIRD CAUSE OF ACTION

2 (For Negligent Misrepresentation against RabbitBandini)

3 61. Moody incorporates herein by reference Paragraphs 1through60, inclusive, as though

4 set forth herein in haec verba.

5 62. At the time Franco, Jolivette and Torres represented to Moody that RabbitBandini

6 would produce On the Bus for Moody to write and direct on the same or similar scale as The

7 Disaster Artist, they had no reasonable basis for believing that to be true. In fact, RabbitBandini had

8 not yet decided whether it would produce On the Bus, whether it would allow Moody to direct it, or

9 whether On the Bus would be on the same or similar scale as The Disaster Artist.

10 63. At the time Jolivette and Torres represented to Moody that he would receive an

11 associate producer credit on The Disaster Artist, they had no reasonable basis for believing that to

12 be true. In fact, RabbitBandini did not even know whether it would have the power to give out

13 producing credits on The Disaster Artist.

14 64. As a direct and proximate result of the misrepresentations as alleged herein, Moody

15 has suffered damages in an amount according to proof. More particularly, but for RabbitBandini's

16 conduct as herein alleged, Moody would have been entitled to substantial consideration pursuant to

17 the Independent Contractor Agreement, including a substantially greater fee and a writer credit.

18

19 FOURTH CAUSE OF ACTION

20 (For Breach of Written Contract against RabbitBandini)

21 65. Moody incorporates herein by reference Paragraphs 1 through 64, inclusive, as though

22 set forth herein in haec verba.

23 66. Moody performed all of his obligations under the Independent Contractor Agreement,

24 except those obligations (if any) excused by RabbitBandini's conduct.

25 67. Assuming that the Purchase Agreement is void as induced by fraud, RabbitBandini

26 materially breached the Independent Contractor Agreement by, among other things: (a) failing to pay

27 Moody the WGA "minimum"; and (b) failing to give Moody a "screenplay by" credit in The

28 Disaster Artist.

COMPLAINT
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 68. As a direct and proximate result of the breaches of contract as alleged herein, Moody

2 has suffered damages in an amount according to proof.

4 FIFTH CAUSE OF ACTION

5 (For Breach of Oral Contract against RabbitBandini and Point Grey)

6 69. Moody incorporates herein by reference Paragraphs 1 through 68, inclusive, as though

7 set forth herein in haec verba.

8 70. In April and May of2014, Point Grey and Rabbit Bandini offered Moody an associate

9 producer credit on The Disaster Artist if Moody signed away his rights to The Disaster Artist

10 screenplays that he wrote. Moody agreed and, through the Purchase Agreement, signed away his

11 rights to The Disaster Artist screenplays.

12 71. RabbitBandini and Point Grey materially breached the foregoing agreement by failing

13 to give Moody an associate producer credit on The Disaster Artist.

14 72. As a direct and proximate result of the breaches of contract as alleged herein, Moody

15 has suffered damages in an amount according to proof.

16

17 PRAYER FOR RELIEF

18 WHEREFORE, Moody prays for judgment on the Complaint as follows:

19 On the First Cause of Action

20 (i) For a judgment that the Purchase Agreement has been rescinded;

21 (ii) For an award of punitive damages;

22 (iii) For costs of suit inclJTfed herein; and

23 (iv) For such other and further relief as the Court deems just and proper.

24

25 On the Second Cause of Action

26 (i) For damages according to proof;

27 (ii) For an award of punitive damages;

28 ///

COMPLAINT
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 (iii) For costs of suit incurred herein; and

2 (iv) For such other and further relief as the Court deems just and proper.

3 On the Third Cause of Action

4 (i) For damages according to proof;

5 (ii) For costs of suit incurred herein; and

6 (iii) For such other and further relief as the Court deems just and proper.

7 On the Fourth Cause of Action

8 (i) For damages according to proof;

9 (ii) For an award ofreasonable attorneys' fees as provided under the contract;

10 (iii) For costs of suit incurred herein; and

11 (iv) For such other and further relief as the Court deems just and proper.

12 On the Fifth Cause of Action

13 (i) For damages according to proof;

14 (ii) For costs of suit incurred herein; and

15 (iii) For such other and further relief as the Court deems just and proper.

16
17 DATED: February 28, 2018 TESSER I GROSSMAN LLP
BRIAN M. GROSSMAN
18 BETHANY R. BURRILL

19
20
BRIAN M. GROSSMAN
21 BETHANY R. BURRILL
Attorneys for Plaintiff
22 RYAN MOODY

23
24

25
26
27

28

COMPLAINT
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EXHIBIT A
 PURCHASE AGREEMENT ("Agreement") dated as of May 12. 2014

Purchaser: RabbitBandini Productions, LLC, 422 W. Spazier Ave., Burbank, CA 91506.

Owner: Ryan Moody, 24461/2 S. Centinela Ave., Los Angeles, CA 90064.

Property and Picture: The "Property" shall mean that certain unpublished screenplay written and owned by Owner entitled
"The Disaster Artist", based upon the published novel entitled "The Disaster Artist: My Life Inside the Room" by Greg
Sestero and Tim Bissell (the "Novel"), including the titles, themes, stories and all other contents thereof, and the characters
therein, and all translations, adaptations and other versions thereof owed by Owner, whether now existing or hereafter
created. The "Picture" shall mean the first audio-visual production that is produced based, in whole or in part, upon the
Property and/or the Novel.

Non-Guild Agreement: Owner is not a member· of any guild and this Agreement shall not be subject to any collective
bargaining agreement, guild agreement, labor organization or union. Owner hereby further acknowledges and agrees that any
and all payments to Owner hereunder shall constitute full and complete consideration for all services rendered, rights granted
and representations, warranties and agreements made hereunder by Owner, and that, except as expressly provided for herein,
no further or additional compensation shall be due to Owner from Company or any of its licensees or assigns by reason of the
means of exploitation of the Picture or any other productions produced pursuant to the Rights granted herein, or for any other
reason whatsoever. Owner's indemnity obligations as set forth herein below shall apply to any breach by Owner of the
representations, warranties and agreements set forth in this paragraph and Owner acknowledges that Purchaser shall be
relieved from any liability or indemnity obligations in connection therewith. The foregoing provisions shall not be construed
so as to violate any applicable labor laws or any of Owner's rights to unionize thereunder.

Purchase Price: Purchaser hereby agrees to pay Owner, and Owner hereby agrees to accept a purchase price for the Property
in the amount of Five Thousand U.S. Dollars ($5,000) (the "Purchase Price"), payable 50% (i.e., $2,500) following
Purchaser's receipt of this Agreement signed by Owner and 50% (i.e., $2,500) upon the closing of all financing arrangements
for the Picture. Upon payment of the Purchase Price, Purchaser shall be automatically and irrevocably vested with the
"Rights" (as defined below), and all other rights, licenses and privileges granted to Purchaser hereunder.

Grant of Rights: Upon payment of the Purchase Price, Purchaser shall own and be fully vested with, and subject only to such
payment Owner hereby unconditionally and irrevocably assigns, grants and sells to Purchaser, exclusively, in perpetuity and
throughout the universe, all right, title and interest in and to the Property (including, without limitation, all motion picture,
television and other audio-visual production rights and all related allied, ancillary, incidental, subsidiary, neighboring and
derivative rights, and all copyrights therein and other rights relating thereto, and all other customary rights) (collectively, the
"Rights"). Without limiting the generality of the foregoing, the Rights in the Property herein granted include: (a) the right to
produce an unlimited number of audiovisual works of all types now known or hereafter devised based, in whole or in part,
upon the Property, and prequels and sequels thereto and remakes and spin-offs thereof and all other types of derivative works
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2
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any, for the Property and the Rights.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

3
Entire Agreement: Except as herein expressly provided, this Agreement cancels and supersedes all prior negotiations and
undertakings relating to the Property and contains all terms and conditions, pertaining to the subject hereof. If there is any
conflict between any provision of this Agreement and any present or future statute, law, ordinance or regulation the latter
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shall be deemed an original, but all of which together shall constitute the Agreement.

The undersigned have caused this Agreement to be executed with full force and effect as of the date first above written.

PURCHASER: OWNER:

RY~Y~
RABBITBANDINI PRODUCTIONS, LLC

By:
Its:
9

4
EXHIBITB
From: James Franco
Sent: Friday, October 18, 2013 9:22 PM PDT
To: Ryan Moody
CC: Vince Jolivette*******
Subject: Re: The room

Awesome
And watch the fihn !!
Maybe watch first

Peace

>On Oct 18, 2013, at 8:57 PM, Ryan Moody REDACTED

wrote:
>
>Just picked up a copy. I'll have it read by Monday.
>
> Sent from my iPhone
>
>>On Oct 18, 2013, at 6:44 PM, James Franco REDACTED
wrote:
>>
>>No
>> The disaster artist
>>By sestero and bissell
>>
>>Vince will discuss with you
>>
>>We need a draft by end ofnov
>>Also watch the film, "the room."
>>
>>
>>Peace
>>
>»On Oct 18, 2013, at 6:36 PM, Ryan Moody REDACTED
wrote:
>>>
>>>I would love to. Thank you for thinking of me. Is this the novel by
Emma Donoghue?
>>>
>>>Sent from my iPhone
>>>
»>>On Oct 18, 2013, at 6:25 PM, James Franco REDACTED
wrote:
>>>>
>>>>Will you adapt a book for us?
>>>>
>>>>Peace
EXHIBITC
From: Ryan Moody
Sent: Wednesday, November 20, 2013 4:50 PM PST
To: James Franco; Vince Jolivette
CC: Samantha Barrow
Subject: Disaster Artist 1st draft
Attachments: RMoody_DisasterArtist_D1_112013.pdf

Dear James and Vince:

The first draft of the Disaster Artist script is attached. It's 141 pages right now, so
obviously I still have a lot of editing to do, but I think it's finally ready for you to read.
Please let me know when you have notes. I'm anxious to get started on the next draft.

Thank you again for this opportunity. I can honestly say this was the most fun I've had
writing a script.

Enjoy!

Ryan Moody
MFA Candidate in Directing
UCLA School of Theater, Film & Television
330.240.6780
www.moodymovies.com
EXHIBITD
From: James Weaver
Sent: Monday, December 9, 2013 2:14 PM PST
To: Ryan Moody
CC: Josh Fagen
Subject: Re: Disaster Artist notes

Ryan! Sorry for the delayed response. Let's set up a time for sure.

Josh in our office will set it up.

On Sat, Dec 7, 2013 at 7: 16 PM, Ryan Moody REDACTED wrote:

James:

Thanks for all the great notes today in the Skype session. It will be a huge help moving
forward.

Because there was so many people, some of the notes got jumbled up, and I wasn't
able to get them all down. Would you maybe have time at some point to do a quick
one-on-one discussion just to help me get a little more specificity?

Thanks. Take care.

&
330.240.6780
www.moodymovies.com

James Weaver
Point Grey Pictures
(0) 323.469.0635
EXHIBITE
From: Ryan Moody
Sent: Thursday, January 9, 2014 1:50 AM PST
To: James Franco; Vince Jolivette; Iris Torres; REDACTED ; James Weaver; ariel shaffir;
kylehunter@hotmail.com
CC: Samantha Barrow; Jess Zobler
Subject: Disaster Artist Draft 2
Attachments: DisasterArtist_D2_010914.pdf

Hey guys. The 2nd draft of Disaster Artist is attached. I hope you like it. Let me know
what you think either way. Thanks.

Ryan Moody
330.240.6780
www.moodymovies.com
EXHIBIT F
From: Ryan Moody
Sent: Wednesday, January 22, 2014 1:02 PM PST
To: James Franco
CC: Jess Zobler
Subject: Draft 3
Attachments: DisasterArtist_D3_012214.pdf

James:

Attached is a new draft with additions based on our conversation last week. I wanted to
send it to you before I sent it to everyone else to make sure I'm heading in the right
direction. The stuff that is different from draft 2 is marked with asterisks on the right
side.

I was having trouble incorporating the stuff from Tommy's childhood, so I'd like to talk to
you more specifically about your ideas on where to incorporate that.

When you get a chance to look it over, let me know what you think.

Thanks dude.

Ryan Moody
MFA Candidate in Directing
UCLA School of Theater, Film & Television
330.240.6780
www.moodymovies.com
EXHIBITG
From: Ryan Moody
Sent: Monday, January 27, 2014 1:07 PM PST
To: Ronni Minnis
CC: Joshua Fagen; Iris Torres; Vince Jolivette; samantha barrows; Anna Villareal
Subject: Re: Disaster Artist Draft 2

I will be there, and I will need a parking pass please. Thank you.

Sent from my iPhone

On Jan 27, 2014, at 12:49 PM, Ronni Minnis REDACTED wrote:

so to clarify to the team CC'd here, the DISASTER ARTIST meeting is currently tentatively
scheduled for tomorrow, tuesday jan 28th at aprox 8:00pm or 8:30pm on the Sony lot.

please confirm your avail so Josh knows who he will need to get parking passes for.

thank you!

On Mon, Jan 27, 2014 at 12:41 PM, Joshua Fagen REDACTED wrote:
around 8 or 8:30pm

Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162

On Jan 27, 2014, at 12:40 PM, Ronni Minnis REDACTED wrote:

what time, love? i have to get several folks who are not on set with you to this one.

On Mon, Jan 27, 2014 at 12:39 PM, Joshua Fagen REDACTED wrote:
I'm working to confirm it. Should know within the next couple hours. Think we're
looking good as of now.

Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162

On Jan 27, 2014, at 12:38 PM, Ronni Minnis REDACTED wrote:

hey, josh. where are we with this meeting for tomorrow?

On Tue, Jan 21, 2014 at 5:06 PM, Joshua Fagen REDACTED wrote:
And if it doesn't, we will make it.

Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162

On Jan 21, 2014, at 5:06 PM, Joshua Fagen REDACTED wrote:

alright. hope it all works out!

Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162

On Jan 21, 2014, at 5:00 PM, Ronni Minnis REDACTED wrote:

imma gonna setta meetin' for wednesday then;)

On Tue, Jan 21, 2014 at 4:59 PM, Joshua Fagen REDACTED

wrote:
I think we are going to try for tuesday at lunch. But the schedule is still very
much up in the air. We should know in the next day or two!

Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162

On Jan 21, 2014, at 4:50 PM, Ronni Minnis REDACTED

wrote:
just looping back to find out if we can make the meeting happen on set
and, if so, which day.

help! i need the other day;)

On Wed Jan 15 2014 at 4·30 PM, Ronni Minnis

REDACTED wrote:
thank you, sir!

On Wed, Jan 15, 2014 at 3:04 PM, Joshua Fagen

REDACTED wrote:
I should have word on this at the start of next week. Is that ok?

Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162

On Jan 15, 2014, at 3:02 PM, Ronni Minnis

REDACTED wrote:

Josh,

Checking back to see if we can set this meeting for lunch on a

production day- either the 28th or 29th?

i added a few additional friends to the chain who James would like
to have there.

;)Ronni

On Mon, Jan 13, 2014 at 7:53 PM, Ronni Minnis

REDACTED wrote:
perfect!
On Mon, Jan 13, 2014 at 6:20 PM, Ryan Moody
REDACTED wrote:
That works for me. Thanks Josh.

Sent from my iPhone

On Jan 13, 2014, at 5:33 PM, Joshua Fagen

REDACTED wrote:

Hey guys,

I think we are maybe going to try to do this at lunch one day

during shooting (possible Tuesday the 28th or Wednesday the
29th) since everyone will be together. Wont' know for a little bit
if we can make that happen though. Can we hold a beat on those
dates? Thank you!

Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162

On Jan 10, 2014, at 4:42 PM, R an Moody

wrote:

I'm going to be at sundance January 21-25. Would it be possible

to schedule the script reading either before or after those dates?
Maybe January 26?

Sent from my iPhone

On Jan 10, 2014, at 3:32 PM, Evan Goldberg

REDACTED wrote:

Word

This email (including any attachments) is for its intended-

recipient's use only. This email may contain information that is
confidential or privileged. If you received this email in error,
please immediately advise the sender by replying to this email
and then delete this message from your system.

On Jan 10, 2014, at 2:16 PM, James Franco

 REDACTED wrote:

Cool
Can we all read this before interview reshoots and have a mtg
then?
Seth said he would
Muchluvvvvv

Peace

On Jan 10, 2014, at 1:50 PM, Evan Goldberg

REDACTED wrote:

Thanks dude! We will read wen we can. Might take is a little

cause we got numerous reshoots going right now! But excited!

This email (including any attachments) is for its intended-

recipient's use only. This email may contain information that is
confidential or privileged. If you received this email in error,
please immediately advise the sender by replying to this email
and then delete this message from your system.

OnJan9,2014,at 1:50AM,R an Moody

wrote:

Hey guys. The 2nd draft of Disaster Artist is attached. I

hope you like it. Let me know what you think either way.
Thanks.

Ryan Moody
330.240.6780
www.moodymovies.com

<DisasterArtist_D2_010914.pdf>

REDACTED
 818-259-1411

Ronni Minnis
REDACTED
818-259-1411

Ronni Minnis

Ronni Minnis

Ronni Minnis
REDACTED
818-259-1411

Ronni Minnis
 REDACTED
818-259-1411

Ronni Minnis

Ronni Minnis
REDACTED
818-259-1411
EXHIBITH
L/LO/LU.ltl James r-ranco s t"'roaucnon vompany r1cquires oooK r1oou1 ;:,o-oaa-11 s-1..:>ooa vun 1V1ov1e 1ne Koom I ueaa11ne

James Franco's
Production Company
Acquires Book About
So-Bad-It's-Good
Cult Movie
'The Room'
The Deadline Team
February 7, 2014 6:30pm Rabbit
Bandini Productions has
optioned book and life

rights to The Disaster

Artist: My Life Inside
the book published
last fall by Simon &
Schuster from actor Greg
Sestero and journalist Tom
Bissell. Franco will direct
and co-produce the book
adaptation with his Rabbit
httn·//rlp::irllinP "nm/?n14/n?/i::imP<:-fr::in"n-rli<:::i<:tPr-::irti<:t-mnviP-lhP-rnnm-fi7Q"iRn/ 1 /'.'\
LI LOI LU.I 0 James r-ranco s t"'roaucnon 1...ompany /-\cquires oooK /-\oout ::.o-oaa-n s-1.:>ooa 1...un 1v10v1e 1ne t<oom I ueaa11ne

Bandini
partner
Vince

Jolivette, and Seth Ro gen

and Evan Goldberg's Point
Grey Productions. Ryan
Moody is writing the script.

Sestero and Tommy Wiseau

co-wrote and starred in the
2003 feature film The
Room, which some have
called the worst movie ever
made. Wiseau directed,
produced and financed the
pie, which was self-released
only in Southern California
before word-of-mouth
spread. It has since
achieved cult status for its
hole-filled plot and poor
production values, earning
it a place in the midnight
show slots usually occupied
by pies like Rocky Horror
Picture Show.

httn · //rlp:>rllinP r.nm/?n 14tn? /i:>mP~-fr:>nr.n-rli~:>~!Pr-:>rti~t-mnviP-lhP-rnnm-Fi7Q<;Fin/ ?/'.'.

L/LOILUH) James r-ranco s r-roaucuon 1...ompany Acquires l:)QOK Aoour ;:,o-l:)aa-n s-uooo 1...un 1v1ov1e 1ne Koom I ueaaune

Among the Room converts

is the CAA-repped Franco,
who the book
on Vice in December,
calling Wiseau "part
vampire, part Hollywood
dreamer, part gangster,
part Ed Wood, and super
lonely" and equating the
novel to being a
combination of Boogie
Nights and The Master and
praising it for going beyond
being just a bunch of
anecdotes from the set of a
bad movie. Last month,
Franco posted on
Instagram that the book
was his: "A new Franco
joint, starring both Francos
- produced by seth and
evan Wazzup now?!"

httn · //rlp::irllinP r.nm/?n 1 4/n? /i::imP<::-fr::i nr.n-rli<::::i<::tPr-::i rti<::t-mnviP-lhP-rnnm-F\7!'.l"iFln/ ~n

EXHIBIT I
From: Ryan Moody
Sent: Sunday, February 9, 2014 5:13 PM PST
To: James Franco; Vince Jolivette; Iris Torres; REDACTED ; James Weaver; ariel shaffir;
REDACTED
CC: Samantha Barrow; Jess Zobler
Subject: Disaster Artist Draft 4
Attachments: DisasterArtist_D4_020914.pdf

Hey guys. The 4th draft of The Disaster Artist is attached. The changes from drafts 2
and 3 are starred on the right. I tried to include everything we talked about in our last
meeting, so the page count is still a bit long. Let me know what you think.

Let's get together soon for notes. Take care.

Ryan Moody
330.240.6780
www.moodymovies.com
EXHIBIT J
From: Iris Torres
Sent: Friday, February 14, 2014 3:43 PM PST
To: Ryan Moody
CC: Vince Jolivette; Anna Villareal
Subject: writer agreement (The Disaster Arist-Ryan Moody)
Attachments: 2014-2-5 Ryan Moody - Disaster Artist - Screenwriting.pdf

Hello Ryan,
Please see attached your writers agreement-

Let me know if you have any questions

Iris Torres
Rabbit Bandini Productions
REDACTED
EXHIBITK
 Independent Contractor Agreement

This Agreement is made and entered into as of the 5th day of February, 2014, by and between
RabbUBandbd LLC, a California limited liability company (hereinafter "Producer"), and Ryan
Moody, an individual (hereinafter "'Contractor''), (coUectively, the "Parties"). In consideration
of the mutual covenants contained herein, Parties hereby agree as follows:

Contractor's duties, description of to be perforn1ed and/or products to be created

(co11ective1y, the "Work") are set forth in Schedule attached hereto and incorporated into this
Agreement by this reteri:moe.

2) Compen~ti<>n I Payment:

Producer agrees to cotnp1ensate the Lontr;act~Jr as ae:scrtbe:d set Schedule A

In consideration of the compensation described in this Agreement, Contractor (and on behalf of

its employees and agents) agrees to grant, release, and assign to .Producer, tide, and
interest in all copyrights, patents, trade secrets, and other intellectual arising out of the
Work created Agreement; products or
inventions created by or its employees or agents arising or reasonably related to
the Work for shall be and become irrevocably property upon payment
of the Fixed outlined

Upon request, Contractor wiU provide, and return to .Producer whatever documents,
assignments, certificates of authorship, information, and that are in Contractor's
possession or reasonably available to Producer to its copyrights,
patents, trade and other intellectual property rights in any produced as a result
of this Any equipment, hard drives, software (including passwords and
codes), parking or or were provided to by
Producer for use under the terms of this Agreemen.t wrn be returned. promptly to Producer.

Contractor shall have

the customary right, in adapti.ng the Work for the purposes hereunder, to make any and all
changes, deletions, additions, etc. at Producer's sole discretion. Contractor hereby grants and
assigns to Produt'..er rights in and to Workthmughout the in perpetuity, any
and all media, whether now existing or hereafter invented, including, but not limited to motion
meatncat nor1-tlleatrrc2tL te~Jev1sw.:n. VJ:det>cas•set1te, disc, DVD, pay-per-
view, to the Work,
including without limitation, merchandising, advertising, marketing, musit\ soundtrack,
downloads, sequels, on or Work in
whole or in part now· known or hereafter devised.

Ryan Moody A.m·ee111ent (2/5/2014)

4) Confidentiality:

Contractor acknowledges that during the engagement he/she win have access to various trade
secrets, inventions, processes, info.rmation, records, and products owned by Producer and/or used
by Producer in connecfio:n with the operation of its business including, without limitation,
Producer's customer lists, accounts~ and proced1.m::s. Contractor agrees he/she wm not
disclose any of these materials or information, directly or indirectly, or use any of them in any
manner, either the term. ofthis Af,'feement or at any except as required in
the course with Producer's benefit further agrees that
he will not disdose the tenns of this Agreement to any person without the prior written consent
of Producer and shall at 1imes preserve the confidential nature of his/her relationship to
Producer. Contractor may be required to execute additional, customer- or project-specific
confidentiality agreements as a condition of performing Work. Contractor hereby
agrees to execute such additional agreements as are reasonably protection of
Producer or customers or su1::ipi1ers.

5) .Non-SoUeitatfon:

During the term Agreement, Contracror customers.

Any inquiries from such customers business, or of
adding new business, with Producer, or other sensitive information concerning the business
relationship between and any such shall communicated by
Contractor to his/her primary contact person at Producer, and any such new business shall belong
to Producer. Unless otherwise specified an attached shall not be due any
commission or on account

6) Entire Understanding:

This agreement and any Schedule(s) attached the understanding and

agreement of th'e parties, and prior agreements or understandings are hereby cancelled. All
subsequent modifications of this Agreement shall be in writing and by the Parties.

7) Assigm:mmt:

Contractor shall not any of his/her this Agreement,

without the written consent of Producer.

8) Force M~jeure:

Neither Party will be responsible for delays or of performance this Agreement

resulting from acts God, war, terrorism, strikes, epidemics, ta1.1ru·e sur,1phers to perfonn,
earthquakes, power or other causes control render
performance by that Party impossible.

9) Term of Agre~m~nt:

Ryan Moody Agreement (2/5/2014) 2

This Agreement wm commence as of the date set first written above and shall remain in effect
until the Work is completed and delivered to Producer, or untH terminated by Producer by giving
Contractor five (5) days written notice. Should Producer wish to terminate this Agreement due
to Contractor's failure to perform services to Producer's satisfaction; Contractor shaH have five
(5) days to satisfy Producer and to cure any problems following written notice from the Producer
describing such problems or un.satisfactory work If the w-ork is still deemed unsatisfactory by
Producer after five (5) days, the Agreement shall be immediately terminated.

Regardless of anything to the contrary in this Agreement, the following sections of this
Agreement shall survive its expiration or termination: 2, 3, 4, 5, 9, 10, 11, 12, and 13.

Contractor represents and warrants that, except as otherwise described in Schedule A:

10.1) In performing the Work described in this Agreement and in Schedule A. Contractor will
employ Contractor's best technical procedures, skill, and judgment. Contractor will perform the
Work in a manner consistent with Producer's best interests.

10.2) Contractor will provide the Work as described in Schedule A that conforms to the
specifications agreed upon between Producer and Contractor.

10 .3) Neither the Work nor any its components have been previously produced I published in
whole or in part in any format by Contractor, except as disclosed in writing to Producer.

10.4) Any Work provided by Contractor to Producer is whoUy original to Contractor and does
not infringe on any copyright, trademark, patent, trade name, or other intellectual property right
belonging to any person or business entity.

10. 5) Contractor is free to execute this letter of Agreement and that he is not under any
obligation or disabHity which would in any manner or to any extent prevent or restrict him
entering into and fully performing this letter of agreement

10.6) No other person, firm or corporation possesses any right, title or interest in and to the
Work and that there are no cl.aims or litigation pending or threatened adversely affecting the
Contractor's rights in the Work. Contractor shall not create any lien, charge or claim against the
Producer or against the Work or against any production utilizing the Work, and in the event a
lien or charge shall be registered or a claim made as aforesaid, Contractor shall within five (5)
business days of the same ,coming to his attention, cause the :same to be discharged by payment
into Court, bond or otherwise.

10.7) The said covenants, representations and warranties crn1tame:a herein shaH survive the term
of Agreement.

1O.8) Contractor agrees to indemnify and h.old harmless the Producer, its suc<Jessors, licensees
and assi&ms, from and against an damage, liability and expense, including actual legal fees and

Ryan Moody Agreement (2/5/2014) 3

expenses, that the Producer, .its successors, Hcen.sees and assigns, or any of them, may suffer or
incur by reason of the proven breach or any of the representations or warranties in this
Agreement made by the Contractor.

10.9) Contractor agrees to execute any and all documents reasonably required by Producer to
effectuate the specific terms, purposes and intent of this Agreement or to assist Producer in
obtaining the execution of such documents, as appropriate. To the that Contractor fails to
execute such documents within ten (10) business days of Contractor's receipt thereof, Contractor
hereby appoints Producer as Contractor's attorney-in-fact but only for the of executing
such documents.

11) Contractor's Dedaratfons:

Contractor agrees to and makes the following declarations (initi:aJ each i;} the space provided):

11. l) Contractor is an independent contractor. Contractor has not been employed by

Producer, and Contractor is not an agent or employee of Producer. Contractor shall have no right
to bind Producer, and Producer shall not on account of any or inaction on the part
of Contractor, except as otherwise specifically provided in this Agreement or an attached
Schedule.

11.2) Contractor is responsible for and possesses, or will timely obtain, aU necessary licenses or
permits to perfonn the \Vork for Producer 1.mde:r this Agreement shaH comply with
all applicable federal, and local laws in performing the Work Agreement. _ _

11.3) Contractor shall be responsible for his/her own self-employment, payroB, and income
taxes and shall indemnify, defond, and hoid harmless Producer from and against the same.

11.4) Contractor shall not be entitled to any unemployment compensation, health insurance,
disability insurance, workman's compensation insurance, or other benefits not specified in this
Agreement or an Schedule while providing, or on account of providing, Vi/ork to
Producer.

11.5) Contractor possesses the requisite skill and experience to complete the Work in a
professional and timely manner in accordance with industry standards. Contractor shall receive
no training from Producer. _ _

11.6) Unless otherwise stated in this Agreement or an attached Schedule, Contractor shall bill
Producer on a monthly basis for the Work Contractor provides to Producer. --··-----

11.7) Except as provided in Section 5 of this Agreement, Contractor shall perfonn Work for
Producer under this Agreement on a non-e:xdusive basis and shall retain the right to provide the
same or similar product(s) and/or services to other Producers, provided that such work does not
interfere with tl1e ability of Contractor to fulfill obligations to Producer under this Agreement
on a timely basis. ____

Ryan Moody Agreement (2/5/2014) 4

11.8) Subjectto any deadtine(s). time Hmit(s), or other schedule considerations specified in an
attached Schedule, Contractor shall schedule his/her own time and provide or create the Work at
his/her own pace. _ _

11.9) Except as otherwise agreed in an attached Schedule, Contractor shall be responsible for
his/her own expenses and equipment, and may perform the Work wherever Contractor deems
reasonable.

11.10) Any breach or threatened breach of Sections 3, 4, and 5 of this Agreement by Contractor
is material to Producer and not adequately compensable by money drunages; therefore, equitable
and injunctive relief shall be authorized to enjoin any such breach or threatened breach, such
equitable relief being reasonably necessary for the protection of Producer's interest, and, lacking
the provisions of Sections 3, 4, 5, and this Section l L 10, Producer would be unwilling to enter
into this Agreement

12) Applicable Law:

This Agreement shall deemed to be made and and shaH be governed by and
construed in accordance with the Jaws of the State of California and of the United States of
America without regard to conflicts of laws provisions.

13) Headings

The headings and captions in this Agreem.ent are for convenient reference only, and shall not be
used in the interpretation oft.his Agreement.

14) Binding Agreen1ent

This Agreement shall be binding upon the respective heirs, executors, administrators, successors
and permitted assignees ofthe Contractor and the Producer. No waiver by either party of any
failure by the other to keep or perform any provision hereof shall be deemed to be a waiver of
any preceding or succeeding breach of the same or any other provision.

15) Dispute ReS6lutfon:

Any dispute concerning, arising from, or in connection with this Agreement or the Work shaH be
resolved through good-faith negotiation or mediation, and failing that, in the state and federal
courts located in the State of California, County of Los Angeles. The prevailing Party, if any, in
such litigation shall be entitled to reimbursement of its reasonable attorneys' fees and costs.

16) Cmu:rterparts; Effectiveness:

This Agreement m.ay be executed in multiple counterparts, of which, when solely executed,
shall be deemed an original, but which counterparts together shall constitute one and the same
instrument. A sihYTiature delivered via facsimile, email, or attachment to email shall be equally as
effective as an original ~ignature delivered in-person, by postal mail, or by any other means.

Ryan Moqdy Agreement {2/512014) 5

Please confirm your acceptance of the terms and provisions of this letter by dating and
signiri.g where indicated below and thenrerum two (2) folly executed copies to our office
at the address captioned below.

CONTRACTOR!7 j
< / I
6 fl
·1-'-t~·"
/

Ryan Moody

Phone:
REDACTED
Email:

PRODUCER:

Vince Jolivette, Executive Producer

Address: 422 W. SpazierAvenue. Burbank! CA 91506

Ryan Moody Agreement (2/5/2014) 6

 Schedule A

Description of \Vork & Compensation

Products to be provided or created, or Services to be performed by, and Duties of,

Contractor (c~Uectiweiy, the HWork"):
Contractor shall write the feature film screenplay (approx. 120 pages) tentatively entitled
"The Disaster (the ''"Film"). Contractor shall perfom1 his duties diligently and
professionally, on a no material basis, in good faith, and
within industry standards. shall report directly to Vince Jolivette in
connection with the perfor11uu1ce of his duties under this Agreement

The First Draft of the screenplay for the Film shall be due ivithin 60 (sixty) days of
execution hereof one month
(four weeks) to (the of the Work
shall be made by Contractor as film.

Compensatimi:
As full compensation for the services performed by the Contractor, and as fuU payment
for all the rights granted herein, the Producer shall pay Contractor as follows:

ff the Film is produced, then upon commencement of principal photography, Contractor

shall be paid an amount equal to the minimum amount payable under the Writers Guild
of America ("WGA") Minimum Basic Agreement ("MBA") for the type of motion
picture with that Budget «Budget'? shall mean the final, approved, all-in direct cash
budget of the Pi.cture, calculated as of the commencement of principal photography.

Expenses:
Contractor shaU not be entitled to reimbursement of any out-of-pocket expenses unless
they are pre~approved by Producer writing.

Credit:

Credit for the Work shall be given pursuant to industry standards, and subject to
studio/distributor approval. AU matters regarding prominence, placement, style, and color
of said credits shall be in Producer's sole discretion. No casual or inadvertent failure by
Producer to comply w~th credit requirements hereunder shaH be a breach of this
Agreement Contractor acknowledges that the Project is not subject to the WGA MBA
If additional writing services are required to finish the Film, and Contractor is unwilling or
unavailable to provide 'said services, an additi<,nal '\vri.ter( s) may be engaged to complete the
screenplay for the .Film. ln such a case, Contractor shall be listed as the "Written by" credit
among those receiving such credit, if more than one.

RyanMoody Agreement (2/5/2014) 7

EXHIBITL
From: Ryan Moody
Sent: Tuesday, February 25, 2014 10:47 PM PST
To: James Franco
Subject: draft
Attachments: DisasterArtist_D5_022514.pdf

attached

Ryan Moody
330.240.6780
wvvw.moodvmovies.com
EXHIBITM
From: Ryan Moody
Sent: Friday, February 28, 2014 10:27 PM PST
To: James Franco; Vince Jolivette; Iris Torres; REDACTED ; James Weaver
Subject: Disaster Aritst draft 5
Attachments: DisasterArtist_DS_ 022814. pdf

The latest draft is attached. All the new additions are starred. It's running long, but let me know
what you think. Talk to you soon. Thanks.

Ryan Moody
330.240.6780
w-vvw.moodvmovies.com
EXHIBITN
From: Ryan Moody
Sent: Wednesday, April 2, 2014 6:26 PM PDT
To: James Franco
CC: Vince Jolivette
Subject: Re: Disaster Artist

Cool. Thank you. It's going to be fantastic.

On Wed, Apr 2, 2014 at 6:24 PM, James Franco REDACTED wrote:

Yes
That's the plan

Peace

On Apr2, 2014, at 8:30 PM, Ryan Moody REDACTED wrote:

James,

You want me to write and direct On The Bus, right? That's what we talked about back in
Fall, but it's been awhile, so I just wanted to make sure you and I are on the same page. I
know I'm writing it, but I just want to make sure you want me to direct as well.

Thanks again for the opportunity. I'm looking forward to it.

On Wed, Apr 2, 2014 at 8:16 AM, Ryan Moody REDACTED wrote:

Cool. Thanks. I started On the Bus on Monday. I'll have the draft to you on June 2.

Sent from my iPhone

330.240.6780
\VW\V.moodymovies.com

> On Apr 2, 2014, at 1:21 AM, James Franco REDACTED wrote:

>
>Hey
> Seth and evan and weaver want you on as an assoc producer and to give notes on every
draft. Cool?
>
>
>Get going on "on the bus," that's yours.
>
>
 >
>Peace
>
>>On Apr 2, 2014, at 3:44 AM, Ryan Moody REDACTED wrote:
>>
>>James,
>>
>>Thanks for letting me know about the new writers. I understand that you all need to do
what's best for the movie. I'm glad to hear it's moving forward.
>>
>>If possible, I'd still like to stay involved in some way. I'm really proud of the work, and
I'd like to see it through, but I'll understand any decision that gets made.
>>
>>Either way, thanks for the opportunity to work on this. I really never had as much fun
writing as I did with the Disaster Artist. It's a great story, and it'll be a great movie.
>>
>> Sent from my iPhone
>> 330.240.6780
>> www.moodymovics.com

330.240.6780
wvvw.moodymovics.com

Ryan Moody
330.240.6780
www.moodvmovies.com
EXHIBITO
From: Ryan Moody
Sent: Wednesday, April 2, 2014 9:06 AM PDT
To: James Weaver
Subject: Disaster Artist

James,

I spoke with Franco earlier this week. He told me I'm being moved to associate producer?

I completely understand that you guys want to bring in writers with more experience, but I've
been working on this since October, and have done the first draft and 2 rewrites. I really would
like to preserve a writing credit on this.

Can you give me a call when you get a moment?

Thanks. Talk soon.

Ryan Moody
330.240.6780
\'-l\vvv.moodvmovies.com
EXHIBIT P
From: Ryan Moody
Sent: Wednesday, May 21, 2014 8:06 PM PDT
To: Vince Jolivette
CC: Colin Stark; scan GLASSGOLD
Subject: Re: Disaster artist

I'm sorry about this Vince. We did meet today, but we have yet to hear from the lawyer. I just got
off the phone with Colin. As soon he gives us the ok, I'll get it signed and sent to you
immediately.

On Wed, May 21, 2014 at 8:03 PM, Vince Jolivette REDACTED wrote:
Did you guys meet today?
Ryan- I can not stress the importance of getting

Ryan Moody
330.240.6780
vvww .moodymovies.com