Well, the 15 days for me to remove from my website the “offending material” related to the movie Kill Speed is up as of today, so I suppose Mr. Tiscareno may be planning to make good on his threat to file a lawsuit against me. Honestly I don’t know if he’s really that dumb but I guess we’ll find out.
Before he does though I hope he takes into consideration the less than stellar results he’s already had with the cases he’s gotten involved in.
As I mentioned previously he already has been sanctioned by the courts several times in regards to cases and motions he’s tried to file and or litigate in various courts regarding his screenplay “Fastglass”.
I covered this previously but let’s take a little trip down memory lane shall we?
According to court records, Tiscareno made multiple appearances in his portion of the Los Angeles County Superior Court case (BC377905) against Kim Bass, Jon Zimmerman (the cop in the trailer) and others. Tiscareno’s portion of the case was thrown out by the judge, I read that Jon Zimmerman (again, the cop in the trailer) and others were awarded sanctions against him in BC377905 in the amounts of $3,200 and $4,500. According to court records, Tiscareno asked the Court of Appeal in Los Angeles to overturn the two sanction orders, but it refused. He then asked the Court of Appeal for a rehearing, but the Court of Appeal denied the request. He then asked the Supreme Court of California to overturn the sanction orders, but it refused. According to court records, Jon Zimmerman and the other respondents in the appeal were awarded their costs on appeal ($756.26) against him.
According to court records, Tiscareno then filed a motion in BC377905 asking the judge, who ordered the $7,700 sanctions against him, to reconsider his two sanction orders, but that judge refused the request and sanctioned him an additional $4,000. Let’s see, if my math is correct that’s $12,456.26 in sanctions and costs on appeal imposed against him.
According to court records, he filed a lawsuit in Contra Costa County against the attorney who represented the people he sued in BC377905. The judge in the Northern California case ordered his case transferred to Los Angeles County Superior Court, ordered him to pay the transfer fee, and ordered him to pay a $6,485 sanction to that attorney for the attorney fees and costs he incurred making his motion to transfer (imagine that). According to court records, Tiscareno’s motion for reconsideration was denied.
According to court records, he filed an appeal, but the appeal was dismissed by the Court of Appeal in San Francisco. I am wondering out loud if you have paid any of the $18,941.26 in sanctions and costs on appeal that were imposed against you. With interest on the sanctions and costs on appeal, I bet you owe over $20,000.
These are fairly large files but feel free to give them a read. And please note; some of these are borne out of cases involving David G. Riggs as the defendant.
Riggs was already in lawsuits with the investors in Afterburner Films, Inc. stemming from the failed Fast Glass film project. There were already court hearings and arguments taking place as to who owned the film and footage and then Tiscareno attempted to inject himself into the litigation by claiming the movie was his. Tiscareno was also representing himself in pro per (acting as his own attorney) and if you read the Scheduling Conference Transcript which is from yet another case (CV 10-440-SJO(AGRx) when he sued Kill Speed writer-director Kim Bass for copyright infringement, you will see he wasn’t exactly doing a bang up job.
Mr. Tiscareno told me in his first letter that he had dropped the lawsuit against Kim Bass because he felt that Kim and Epic Pictures didn’t have assets worth suing for. He also stated that he dismissed the case without prejudice. But then I found that wasn’t actually true as he asked the court to dismiss the case WITH PREJUDICE. The court, of its own disgression, had previously dismissed Epic from the case “with prejudice.” The court made the decision to dismiss Tiscareno’s case against Bass WITHOUT PREJUDICE when Bass would not agree to stipulate that he would not hold Tiscareno responsible for his actions.
Now I don’t know if Riggs put Tiscareno up to this nonsense of contacting me with his threatening letters, but I am certain they have, at the very least, communicated, because there is no other way that Tiscareno could have gotten my home address to send me these letters. I’m slightly dumbfounded that hooking up with Riggs and ending up with almost 20k in court sanctions against you isn’t enough to show someone that getting in the middle of Riggs’ battles isn’t in your best interest.
I’ll also add that I have started to read a copy of the Fastglass screenplay, supposedly written by Tiscareno (it was filed as an exhibt on December 1, 2010 along with a motion). It is available in the federal court records on Pacer. And uh yeah. I’ve only read the first 20 pages so far, but I can clearly see such a huge difference between it and Bass’ Film, Kill Speed (which I’ve already watched and commented on), as to make me wonder what (or who) in the world could have possibly convinced Mr. Tiscareno that he had a case. With the exception of having similar original titles (Fastglass and Fast Glass) they couldn’t be much more different. And since it’s my understanding you can’t copyright a title, Tiscareno loses on that count as well.
I guess we’ll just have to wait and see what Tony Tiscareno decides to do, but once again, someone who got mixed up with Riggs just seems to be caught in a never ending, muddled cycle of lawsuits.
I’m also reasonably sure that should this continue my final words to Mr. Tiscareno will be short and sweet.