A Silver Lake businesswoman who agreed last year to collectively pay $6.5 million to the Archdiocese of Los Angeles and Katy Perry for interfering in the sale of a former Los Feliz convent to the singer has made her first installment payment, but an archdiocese spokeswoman said Wednesday that the option for the entertainer to buy the property has expired.
Los Angeles Superior Court Judge Stephanie Bowick held a status conference in the case on Tuesday in which she reviewed a written update on the proceedings prepared by the plaintiffs’ attorneys. The last payment by Dana Hollister is due by Jan. 25, 2021, according to a minute order prepared by the judge’s clerk.
Meanwhile, archdiocese spokeswoman Adrian Marquez Alarcon released a statement regarding the status of Perry’s proposal to buy the property, which is located on Waverly Drive.
“The formal legal option on the Waverly property has expired,” the statement read. “The property is still owned by the (California Institute of the Sisters of the Most Holy and Immaculate Heart of the Virgin Mary). That said, the archdiocese and Ms. Perry continue to be in communication concerning her continued interest in the property.”
In 2017, a jury found Hollister liable for slander of title, interference with contractual relations and interference with prospective economic advantage. The panel awarded the archdiocese $3.47 million in compensatory damages and $1.57 million to Perry and her company, The Bird Nest LLC.
The jury also found that Hollister acted with malice, oppression or fraud, triggering the second phase of trial to determine if the archdiocese, the institute and Perry should be awarded punitive damages. The panel awarded another $10 million in December 2017 for a total of $15 million.
In June 2018, the parties reached a settlement in which Hollister agreed to pay the archdiocese, Perry and The Bird Nest $6.5 million with interest. The first payment, for $1 million, was due by July 25.
Hollister made her purchase of the onetime convent with the cooperation of Sisters Rita Callanan and Catherine Rose Holzman, who maintained they had the authority to sell the property to the businesswoman. Bowick later canceled the deal.
Holzman and Callanan were among five members of the institute and were the only members who opposed the sale of their former home to Perry. Holzman died in March 2018 at age 89.
The proposed sale to Perry was for $14.5 million, consisting of $10 million in cash and an agreement to provide an alternative property for a house of prayer worth $4.5 million, according to the archdiocese. In contrast, Hollister paid $44,000 and agreed to a contingent promissory note to pay $9.9 million in three years, archdiocese attorney Kirk Dillman said.
It was the second bad news this week for singing sensation Perry. Earlier in the week, a jury determined that a Christian hip-hop artist’s work had been wrongly part of Perry’s hit “Dark Horse” in a copyright infringement case.
The parties are now trying to determine what possible dollar amount Perry will owe.
An attorney told a Los Angeles federal jury Tuesday that Perry’s megahit “Dark Horse” and album “Prism” earned a total of $41 million and it was up to the panel to award “fair compensation” in damages to the Christian hip-hop artist for what was determined to be copyright infringement.
A day after finding that Perry’s 2013 chart-topping single included a musical motif lifted from the gospel rap song “Joyful Noise,” the jury turned to calculating how much money Marcus Gray, who is known as Flame, and collaborators Chike Ojukwu and Emanuel Lambert deserves from Perry and her creative and business partners for the infringement.
“I told you that this is a case about taking something without permission; what is fair compensation for … the profits these defendants made from taking (`Joyful Noise’),” Gray’s attorney, Michael Kahn, said in his opening statement in the damages phase of the trial.
The nine-member civil jury determined late Monday that an ostinato — a short, constantly repeated rhythmic pattern — in both songs was identical, leading to the verdict of liability. The panel said the defendants — including singer/songwriter Sarah Hudson and music producers Lukasz “Dr. Luke” Gottwald, Max Martin and Cirkut — had ample opportunity to hear “Joyful Noise” before starting work on the Perry hit, which was included in the “Prism” album.
In his opening statement, defense attorney Aaron Wais told jurors that the infringing beat was a “relatively minor factor” in the success of Perry’s song.
“A song is more than just an ostinato,” Wais said. “The most important element is the hook.”
The jury, the attorney said, must ask “what makes a Katy Perry song profitable? And the answer to that is Katy Perry.”
Attorneys for both sides agreed on dollar amounts earned from “Dark Horse” and “Prism” in the United States. According to a document read to the jury, Perry raked in $3.2 million, producer Martin earned $1.2 million, Cirkut took home $826,000, co-writer Hudson earned $670,000 and Dr. Luke received $347,000.