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Joe Frank Legal Fund

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It is with sincere sadness and regret that circumstances have come to this. For quite some time, I have had disputes with the individual and company (DP Carlson and Film Foetus) distributing the documentary entitled “Joe Frank: Somewhere Out There.” And I need your help. I have filed a lawsuit against him and his company with regard to their breaches of our contract. Though I cannot discuss the case with you, Court filings are a matter of public record. You can follow every action in the case and download litigation files here.

The case was filed Aug 13, 2021 in the Superior Court of California, Los Angeles County, Case No. 21STCV29163. (Note: The Complaint contains all of the information at the heart of the matter.) *As you read through these filings and exhibits, please bear in mind that Joe was in the hospital from October 13, 2017 until he passed on January 15, 2018. I was in complete shock for the first six months afterward.

Nuts and bolts:
·       Collected funds will pay my ongoing attorney’s fees and costs for the lawsuit. We attempted arbitration, which failed (see *link* Complaint),  and filed formal proceedings on August 6, 2021. I have used savings to pay for legal fees since filing for arbitration. As of early December 2021, the total has approximated $30,000.

·       I expect to prevail based on the facts. In which case, my legal fees will be recovered by payment from defendants. However, the risk is not knowing whether he or his company can or will pay.  

·       If there are donations in excess of legal fees, they will be used to self-publish two books Joe wrote based on his personal Facebook page posts (nearly completed), mount a stage performance that Joe wrote, create a film about Joe Frank and his life (with outstanding content nowhere else available), plus complete and  publish my book about Joe and our life together. But there is *so much more* in the works. And it is my solid commitment to enable more people to know and discover the genius of Joe Frank.

·       In the early months after Joe passed, I requested a copy of the full and complete interview footage that defendant shot of both Joe and me. Defendant told me that it would cost me money, which I offered to pay. I also assured him that this footage would be for my personal use only and that I’m happy to sign an agreement to that effect. I just want to see and hear my husband again – and to hear what each of us were thinking at the time. To date, after the initial email interactions, I have not heard from defendant regarding this. One of my requests in this suit is to secure that footage. I miss him so much.

·       You, who appreciate Joe’s work, are the driving force behind ensuring the survival of Joe’s legacy. And your help to offset these costs will do that. Thank you.


The Story: 
Joe trusted me with his legacy. I assume that responsibility with a deep sense of honor. He was a troubled soul – as any who listen to his work would agree. But he had a capacity to articulate universal truths that are difficult for the best of us to express in words. His candor was often uncomfortable and shocking. His ambivalence, in some sense, always relatable. Through his stories, he ushered us into his own personal world of alienation, which enabled us to feel less alone. And, there is no one with an ironic wit like Joe Frank to ease us into exploring the probing questions about life, death, suffering, relationships, and the meaning of it all. 

Though I work at it every day, I am truly at a loss to adequately express the respect Joe deserves. This is at the heart of why I brought this lawsuit.


Simply: it hurts too much to stand by and witness Joe’s efforts and wishes being dismissed, ignored, and, at times, trampled upon without hesitation.


Full financial disclosure:
From this documentary, Joe hoped that we would benefit financially from the film’s release. The trauma from coming to grips with constant financial challenges during the last five years of Joe’s life took a toll. (I grew up in an environment that slammed me from poverty to comfortable lower-class and back again; Joe’s upbringing was steeped in riches. It took a dramatic adjustment for him to monitor his money. And for me to tamp down my fears of the real possibility of having to relive some tough times I’d experienced as a child.) 

Most of you who have listened to Joe’s shows know that he was an impeccable artist, perfecting every detail in each show to the last minute before air time. What is not widely known is the amount of his own money Joe put into his work. Plus, for each live show, we were grateful if we came out even. But how he loved doing those live shows which presented the opportunity for him to meet his supporters. That was the highlight for him. So, yes, it was well worth that effort.

Our budget was so strict that, since the dot.com bust in 2008 when Joe lost most of his money, I started to keep monthly financial tracking sheets, adjusting our budget during the course of each year.  (To this day, I continue this practice.)

Since 2014, with Joe’s third bout with cancer, we struggled financially even more and kept to a stricter budget while paring down whatever discretionary expenses we could. However, we always prioritized Joe’s care. In December of 2015, Joe was misdiagnosed with a massive heart attack and pancreatic cancer. It would take him an entire year to fully recover from what originated as a doctor’s error. (I am capturing details of this in my book about our lives together.)

With his chronic back pain, the effects of multiple trips to the Emergency Room, seemingly endless medical interventions and the laundry list of medications, adding the blow from that December, it became more of a challenge for Joe to create shows. And yet, he was working still - up to a few weeks before he passed – during that three-month stay in the hospital from October 13, 2017 to January 15, 2018.

We made it through so many challenges. In large part thanks to you who appreciate what Joe gave of himself. You helped us through.

At Cedars Sinai Hospital. This time, we are in the surgical waiting area, supporting a friend.

Photo: Ed Valfre 

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Organizer

Michal Story
Organizer
Los Angeles, CA

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