LOS ANGELES (CNS) - Although film and television composer Danny Elfman wants a judge to order a woman to arbitrate rather than litigate her claims he breached the terms of a sexual harassment settlement agreement and owes $85,000, the plaintiff says in new court papers that she wants to donate the money to a charitable fund that Elfman helped set up.
Pianist Nomi Abadi alleges in her Los Angeles Superior Court breach-of- contract lawsuit that Elfman has failed to fully pay the agreed-upon $830,000 when they both signed the settlement agreement five years ago.
However, the agreement upon which Abadi's contract claim is based includes an arbitration provision requiring that if a dispute arises relating to the enforcement or interpretation of the earlier settlement agreement, both sides would arbitrate their differences, according to court papers previously filed by Elfman's attorneys with Judge Maurice A. Leiter.
In a sworn declaration, Abadi does not address the arbitration demand, but says that under the settlement with Elfman, she is required to donate to a nonprofit organization that the IRS defines as a public charity. She says the gift fund was created with Elfman's help and that she has donated the payments she has received so far to the Female Composer Safety League, which she founded in 2020, and intends to give the league the money allegedly owed by Elfman.
In a separate sworn declaration, one of Abadi's lawyers, Jeff Anderson, says he spoke with Elfman's lawyer, Camille Vasquez, and she mistakenly thought that Elfman had paid all the money owed. Vasquez is known for representing actor Johnny Depp in the defamation case that he brought against his ex-wife, Amber Heard.
"I advised her that she was mistaken and invited her to provide evidence that the payments were made," Anderson says. "To this date, I have not heard back from defense counsel."
Abadi, 35, sued on July 19 and states that she met the 70-year-old Elfman in 2015 and that in 2018 they agreed to settle the sexual harassment allegations with Elfman making make payments in four different categories in various installments over five years totaling $830,000, but that Elfman failed to pay two $42,500 installments in July 2019 and 2021.
A hearing on Elfman's motion to compel arbitration is scheduled Dec. 13.