McCall v. Focus Worldwide Television Network, Inc.

119 So. 3d 876, 2012 La.App. 4 Cir. 0742, 2013 WL 2632118, 2013 La. App. LEXIS 1199
CourtLouisiana Court of Appeal
DecidedJune 12, 2013
DocketNo. 2012-CA-0742
StatusPublished
Cited by1 cases

This text of 119 So. 3d 876 (McCall v. Focus Worldwide Television Network, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCall v. Focus Worldwide Television Network, Inc., 119 So. 3d 876, 2012 La.App. 4 Cir. 0742, 2013 WL 2632118, 2013 La. App. LEXIS 1199 (La. Ct. App. 2013).

Opinion

JOY COSSICH LOBRANO, Judge.

| jPlaintiff, Mary Lou McCall, appeals several judgments of the trial court rendered in her lawsuit against defendants, Focus Worldwide Television Network, Inc. and Charlene Vance.

In 1988, Ms. McCall, a television journalist in New Orleans, Louisiana, began working as a volunteer with Focus Worldwide Television Network, Inc.1 (“Focus”), a Catholic television station and video production company founded by the late Archbishop Philip Hannan.2 Prior to her compensated employment, Ms. McCall volunteered her services and worked with Archbishop Hannan, starring in and producing faith-based documentaries, and ultimately hosting a faith-based television show, called “FOCUS,” which dealt with topics relevant to the Roman Catholic community. On December 31, 1993, Ms. McCall entered into a formal 12employment contract with WLAE,3 a television station, and Focus Syndicate, Inc.,4 signed by her and Archbishop Hannan, which stated as follows:

I, the undersigned (Archbishop Philip M. Hannan) agree to have Mary Lou McCall (Mrs. John Young) paid a salary of $60,000 per year for her services as producer of the FOCUS program broadcast over Station WLAE, Channel 32 and the documentaries to be made in accord with the schedule which we have maintained in previous years. Mary Lou McCall will be required to work three days a week (currently the first three work days) and she will be consulted about the time and place for making the documentaries. She will not be paid an additional amount for the documentaries. In addition to her salary an insurance policy with an annual premium of $10,000 will be funded in her name and on her behalf.
The payment of the salary of $60,000 will be as follows: she will be paid $30,000 a year by WLAE with payments made every two weeks; she will be paid another $30,000 per year by Archbishop Hannan in his capacity as President of WLAE and President of Focus Syndicate, Inc. with payments every two weeks amounting to $1,153.85. The provisions of the insurance policy are contained in a separate document attached to this agreement.
This agreement goes into effect on January 1, 1994 with a payment of $1,153.85.
This agreement can be terminated by either party with two month’s notice.

While the nature of the $10,000 annual premium identified in the first paragraph of the contract is disputed by the parties, [879]*879the record establishes that Focus paid a $10,000 premium annually for a life insurance policy in Ms. McCall’s name5 from 1994 until 1999, when Ms. McCall decided to surrender the policy and | stake receipt of its cash value according to the terms of the policy.6 According to Ms. McCall, when she decided to take the cash value of the insurance policy, Archbishop Hannan verbally agreed to continue paying $10,000 per year directly to her for her retirement. Focus made one $10,000 payment to her directly at the end of 1999, but she never received another $10,000 annual payment after that time.

According to Ms. McCall, on March 20, 2003, the Board of Directors of Focus passed two resolutions, which are both at issue in this lawsuit. The resolutions are signed only by Ms. McCall and Archbishop Hannan. One of the purported resolutions includes the following paragraph:

Mary Lou McCall is a member of the corporate membership as well as a member of the board of directors of which she is Vice President. Thus she is in a position to continue in her present capacity as the Director of programming of Focus for as long as she desires.

The other purported resolution involves an agreement to sell and transfer ownership of equipment owned by Focus to Ms. McCall. Preceding the list of equipment to be transferred to Ms. McCall is the following language:

In consideration for the services you’ve rendered since 1988 and for the amount of one dollar and other valuable consideration, I[,] Philip M. Hannan [,] sell and transfer to you, Mary Lou McCall [,] the following and attached equipment free and clear of any liens and encumbrances of any type or nature.

I ¿Following the list of equipment subject to this purported resolution is the following language:

Notwithstanding the transfer of title and ownership of the above listed equipment to Mary Lou McCall, Mary Lou McCall hereby agrees to continue to produce programs for Focus under the same terms and conditions presently applicable, until such time as the Focus mission ceases to exist or until such time as mutually agreed upon.

Archbishop Hannan signed this document as President of Focus. The document was also signed by Ms. McCall and two witnesses.

On March 21, 2003, another Focus resolution purportedly removed Mr. Charles Read as a member of Focus, according to Ms. McCall. That resolution, which is also at issue in this lawsuit, was signed by Ms. McCall and Archbishop Hannan, and stated as follows:

Be it resolved that by a majority vote, Rusty Reed [sic] has been removed as an officer of the corporation of Focus Worldwide Network beginning on this day Friday March 21, 2003.

(Emphasis added).

Focus argues that this resolution did not remove Mr. Read as a member of Focus, as Ms. McCall contends. Ms. McCall argues that the use of the word “officer” instead of “member” was merely a typographical error, and that this resolution [880]*880removed Mr. Read as a member of Focus. Ms. McCall relies on this resolution to support her position that Mr. Read should not have been allowed to vote at a Board of Directors’ meeting held on May 8, 2007, which effectively removed Ms. McCall as a member, director and officer of Focus.

|sBy letter signed by Archbishop Han-nan and dated May 2, 2007, Ms. McCall received notice that her employment and association with Focus was being terminated, effective immediately. At a Focus membership meeting held several days later, on May 8, 2007, a new slate of members, directors and officers was elected, and the slate did not include Ms. McCall’s name.

Ms. McCall filed suit in federal court on September 6, 2007 against Focus, Archbishop Hannan and Charlene Vance (an employee and director of Focus) for improperly terminating her employment with Focus. The lawsuit filed in federal court was dismissed on jurisdictional grounds on April 20, 2009.7 On September 17, 2009, Ms. McCall filed the instant lawsuit in Civil District Court for Orleans Parish, naming Focus and Ms. Vance as defendants.

Ms. McCall listed five counts in her petition. Those included:

Count 1 — Breach of Contract against Focus;
Count 2 — Defamation against Focus;
Count 3 — Intentional Interference with Contract against Ms. Vance;
Count 4 — Revendieatory Action against Focus; and
Count 5 — Demand for Damages, Penalties and Royalties for Retail Sales of Videos against Focus.

In Count 1, Ms. McCall alleged that Focus breached the contract with her by failing to pay $10,000 per year in premiums for retirement insurance for her benefit.

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119 So. 3d 876, 2012 La.App. 4 Cir. 0742, 2013 WL 2632118, 2013 La. App. LEXIS 1199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccall-v-focus-worldwide-television-network-inc-lactapp-2013.