The daughter of the creator of the original “Hawaii Five-0” reached a settlement Tuesday with her father’s former agent, who she accused of failing in his promises to make a movie of the iconic television show and exploit the series through merchandise sales.
The resolution occurred while the attorneys for plaintiff Robin Bernstein were still presenting their client’s case to a Los Angeles Superior Court jury in trial of her lawsuit against George Litto.
No details were divulged, but one of Bernstein’s lawyers, Michael Plonsker, said his client was happy with the settlement.
“I think the jury was very attentive and saw that we were going to be able to prove our case,” Plonsker said.
Litto’s attorney, John Genga, also declined to provide any details about the accord.
“I think both sides are relieved to have it behind them,” Genga said.
Bernstein’s father was show creator Leonard Freeman, who died in 1974 at age 53 while the original series was still on the air. Litto was his agent.
Bernstein, whose mother Rose died in 2012 at age 82,sued Litto for his alleged failure to have a “Hawaii Five-0” movie made and for not obtaining ancillary deals to merchandise the show through sales of such items as T-shirts and other memorabilia.
She said some items are available online, but are not authorized for sale by the company her late mother and Litto formed to exploit the television show.
Litto started the litigation by suing Bernstein and CBS, claiming he was entitled to millions of dollars from the current version of “Hawaii Five- 0.” Judge Elizabeth Allen White ruled in favor of Bernstein and CBS in May after a non-jury trial. The trial that ended with a settlement dealt with Bernstein’s countersuit against Litto.
According to Plonsker, Litto helped Rose Freeman during the initial years after her husband’s death. In 1997, he created a company that was intended to be the vehicle for making a movie and selling merchandise with both sides splitting the profits, Plonsker said.
But instead of updating the widow on his pursuit of a film and merchandising, Litto began to exclude her from planning and negotiations and instead acted in his own best interests and those of his daughter, film producer Andria Litto, Plonsker alleged.
In 2006, a proposed deal with Warner Bros. to make a “Hawaii Five-0” movie fell through, leaving the studio with $4 million in debt, Plonsker said.
Plonsker said Litto resented Rose Freeman for hiring him. All of her previous attorneys were brought in by Litto, and they were sympathetic to his interests, Plonsker said.
Attorney Laura Brill, who also represented Bernstein, said movies based on other television series, including “Charlie’s Angels,” have gone on to success at the box office. She said a film about “Hawaii Five-O” could have generated $20 million to $40 million.
Instead, there is no movie and no merchandising, Brill said.
“Hawaii Five-0” aired from September 1968 until April 1980 and often featured star Jack Lord, playing a police department lieutenant, commanding subordinate James MacArthur to “Book ’em, Danno.”
The newer version is in its fifth season on CBS, starring Alex O’Loughlin and Scott Caan.
— City News Service