[EXHIBIT 99.2]
TROOP MEISINGER STEUBER & PASICH, LLP
LOUIS M. MEISINGER, State Bar No. 41481
KIRK A. PASICH, State Bar No. 94242
LINDA D. KORNFELD, State Bar No. 155765
10940 Wilshire Boulevard, Eighth Floor
Los Angeles, California 90024-3902
Telephone: (310) 824-7000
Attorneys for Defendants
CALIFON PRODUCTIONS, INC. and
JEOPARDY PRODUCTIONS, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
KING WORLD PRODUCTIONS, INC.,
Plaintiff,
CASE NO.: BC 168 059
vs.
ANSWER TO UNVERIFIED
CALIFON PRODUCTIONS, INC., JEOPARDY COMPLAINT
PRODUCTIONS, INC., AND DOES 1
THROUGH 10, INCLUSIVE,
Defendants.
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Defendants Califon Productions, Inc. ("Califon") and Jeopardy
Productions, Inc. ("Jeopardy") (collectively "defendants") appearing on
behalf of themselves, alone, answer the Complaint of King World
Productions, Inc. ("King World"), as follows:
GENERAL DENIAL
1. Pursuant to California Code of Civil Procedure
section 431.30(d), defendants deny, generally and
specifically, each allegation made against them in the
Complaint.
FIRST AFFIRMATIVE DEFENSE
(Failure to State a Cause of Action)
2. The Complaint and each cause of action therein fails
to state facts sufficient to constitute a cause of action
against defendants, or at all.
SECOND AFFIRMATIVE DEFENSE
(Unclean Hands)
3. King World is barred from maintaining its Complaint
and each cause of action therein because of its unclean hands.
THIRD AFFIRMATIVE DEFENSE
(Waiver)
4. King World has waived whatever right it may have had
to assert the claims contained in the Complaint and each cause
of action therein because it failed to take proper steps to
assert those claims in a timely fashion, knowingly
relinquished such claims, and otherwise acted in a manner
inconsistent with an intent to assert or preserve its right to
assert such claims.
FOURTH AFFIRMATIVE DEFENSE
(Estoppel)
5. King World is estopped to enforce the claims and
obligations sought to be enforced in the Complaint and each
cause of action therein because King World failed to honor its
duties to defendants, failed to take proper steps to assert in
a timely fashion the claims alleged in the Complaint, and
otherwise acted in a manner inconsistent with an intent to
assert or preserve its right to assert any of the claims, all
to the detriment of defendants.
FIFTH AFFIRMATIVE DEFENSE
(Laches)
6. King World is barred by the doctrine of laches from
pursuing its Complaint and each cause of action therein by
reason of its inexcusable and unreasonable delay in filing the
Complaint and its failure to specifically state its claims,
all to the prejudice of defendants.
SIXTH AFFIRMATIVE DEFENSE
(Mutual Mistake)
7. The relief that King World seeks in its Complaint is
barred by the mutual mistake of King World and Califon at the
time that the agreements that are the subject of King World's
Complaint were entered, regarding the interpretation and
application of the contract language at issue in King World's
Complaint.
SEVENTH AFFIRMATIVE DEFENSE
(Unilateral Mistake)
8. The relief that King World seeks in its Complaint is
barred by Califon's unilateral mistake at the time that the
agreements that are the subject of King World's Complaint were
entered, regarding the interpretation and application of the
contract language at issue in King World's Complaint.
WHEREFORE, defendants pray for judgment against King
World as follows:
1. That King World take nothing by its Complaint;
2. For their costs of suit incurred herein; and
3. For such other, further, or different relief as may
be deemed just and proper.
Dated: May 8, 1997
TROOP MEISINGER STEUBER &
PASICCH, LLP
By
/s/ LINDA D. KORNFELD
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Linda D. Kornfeld
Attorney for Defendants
CALIFON PRODUCTIONS, INC. and
JEOPARDY PRODUCTIONS, INC.
PROOF OF PERSONAL SERVICE
(1013a, 2015.5 C.C.P.)
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I am employed in the County of Los Angeles, State of
California. I am over the age of eighteen and not a party to the within
action; my business address is: Courier Connection, 1762 Westwood
Boulevard, Suite 400, Los Angeles, CA 90024.
On May 8, 1997, I served the foregoing documents described as
ANSWER TO UNVERIFIED COMPLAINT on the parties listed below in this
action by placing ---- the original X a true copy thereof enclosed in
sealed envelopes and served on counsel addressed as follows:
Arthur N. Greenberg, Esq.
Michael A. Greene, Esq.
GREENBERG GLUSKER FIELDS
CLAMAN & MACHTINGER, LLP
1900 Avenue of the Stars, #2100
Los Angeles, CA 90067-4590
Executed on May 8, 1997, at Los Angeles, California.
I declare under penalty of perjury under the laws of the State
of California that the above is true and correct.
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[Print Name] [Signature]
PROOF OF SERVICE BY FEDERAL EXPRESS
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I am employed in the County of Los Angeles, State of
California. I am over the age of eighteen and not a party to the within
action; my business address is: TROOP MEISINGER STEUBER & PASICH, LLP,
10940 Wilshire Boulevard, Suite 800, Los Angeles, California 90024.
On May 8, 1997, I served the foregoing documents, described as
ANSWER TO UNVERIFIED COMPLAINT on the parties in this action by placing
a true copy thereof enclosed in sealed envelopes addressed to counsel
for all parties at the addresses listed below and depositing same with
Federal Express:
Robert S. Rifkind, Esq.
David J. Stone, Esq.
CRAVATH, SWAINE & MOORE
Worldwide Plaza
825 Eighth Avenue
New York, New York 10019-7475
Executed on May 8, 1997, at Los Angeles, California.
I declare under penalty of perjury under the laws of the State
of California that the above is true and correct.
P. BERARDI /s/ P. BERARDI
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[Print Name] [Signature]