Agent of 'Hawaii Five-O' Creator Sues CBS

George Litto wants CBS to be paying a much bigger back-end to profit participants under an agreement for the original series made nearly 40 years ago.

Now, the 81-year-old Litto has a new plan for how he's going to collect what he believes is owed. In an amended complaint, he's added CBS as a defendant and wants the court to declare the 2010 agreement to be invalid. According to Litto's new attorney, Henry Gradstein, the development is a "game-changer" that could potentially put CBS on the hook for tens of millions of dollars.

Litto's boutique agency represented Freeman in 1966 when the writer-producer made his first deal with CBS for the original Hawaii Five-O, which lasted 12 years on the network. The deal entitled Freeman to 50 percent of the profits from the show. Litto got a 10 percent commission.

As the lawsuit states, "In effect, all revenue from exploitation of the Series in media and channels other than on CBS would be accounted for on a gross basis, without deduction or reductions for any costs."

But Litto says the Trusts weren't authorized to make such a deal -- that if any deal was to be made, it had to come from the joint venture that Litto and Rose Freeman established. Litto further alleges that CBS was fully aware of this, and couldn't "reasonably rely on the Trusts' warranty and representation" concerning the heirs' authority to make an amendment without Litto's participation.

So now Litto is seeking to void the 2010 amendment, which according to Gradstein, would mean that the 1974 amendment is still operative and require CBS to pay over much greater profits from the series.

"Plaintiff does not plead the existence of any actual controversy between it and CBS based on any cognizable legal theory," says the network's legal papers. "Plaintiff does not contend that CBS has failed to pay any money owed under the 2010 Amendment or otherwise owed to Plaintiff. Plaintiff similarly does not plead any legal theory pursuant to which it may challenge the 2010 Amendment between CBS and the Trusts."

Another amended complaint is coming soon with more details about the 2010 deal as Litto attempts to revive the possibility of punitive damages.

A hearing on CBS' demurrer is scheduled for January, but Gradstein says he will be asking for expedited consideration due to his client's advanced age.

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