It's a sad, familiar story in Hollywood: When somebody makes it big, somebody else gets left behind. Feelings get hurt. Positions harden.
And that's when the lawyers are unleashed.
A jury has been chosen in Los Angeles to hear a case involving two old friends and a podcast. Lawyers will give opening statements Wednesday. The friends, once inseparable, no longer speak. And the podcast isn't just any podcast. It is, according to the Guinness World Records, the most downloaded podcast ever, and it's hosted by Adam Carolla.
Carolla's name will be familiar to anybody who spent time on L.A.'s perpetually jammed freeways during the late '90s. Before there was satellite radio, Internet streaming and smartphones, radio station KROQ, pronounced "K-Rock," provided entertainment to a captive audience of millions of commuters with its stable of up-and-coming talent.
"Jimmy the Sports Guy" was none other than Jimmy Kimmel. Dr. Drew Pinsky, who now has a nightly show on CNN sister network HLN, hosted the sex advice show "Loveline," which was picked up by MTV and still airs over the Westwood One radio network.
Carolla, a listener who often called in, eventually played a wisecracking sidekick to both of them.
Now 50, he turned being a guy into an art form. Think Howard Stern without the leering, porn stars and strippers. Today Carolla is known for his podcast rants, live appearances and best-selling books, including his latest, "President Me: The America That's in My Head."
"The Adam Carolla Show" gives him the exposure to sell his books and a beverage he calls "Mangria" as well as promote live shows and regular guest spots with a couple of cable TV Bills, Maher and O'Reilly.
He probably won't be promoting this on his podcast, but Carolla is scheduled to appear live all week, and possibly next week, at the courthouse in downtown Los Angeles. It's not by choice. He is being sued by Donny Misraje, a boyhood friend who insists he was the brains behind the most popular podcast in the world. Carolla became the record holder, surpassing British funnyman Ricky Gervais by receiving nearly 60 million unique downloads between March 2009 and March 2011.
Misraje claims he pushed his friend into podcasting when CBS canceled Carolla's morning radio show in February 2009. The podcast was an instant hit. Within a month, he says, Carolla agreed to make him a partner and promised him a 30% stake in his company, Ace Broadcasting Network. But Misraje says he wound up with nothing.
"This was a once-in-a-lifetime friendship ripped apart by money, greed and outside influences," says Misraje's attorney, Greg Doll. "For Donny Misraje, Adam's word was his bond. It was all he needed to jump headfirst into this enterprise. Is our case a cautionary tale? Sure. Is there a tragic element to it? Absolutely."
Podcast was immediately popular
Misraje never got anything in writing. Still, he says in his lawsuit, he quit his $231,000-a-year television production job and came on board knowing he wasn't going to get paid for a year or more. Because Carolla was pinned down by a noncompete clause in his CBS contract, the new company couldn't solicit advertisers during its first year.
Carolla was still getting paid under his CBS contract, but there was no way to create revenue to pay Misraje until the contract -- and its noncompete clause -- expired on December 31, 2009.
Misraje says he took out a second mortgage to make ends meet. He convinced his wife, a Grammy winner and top creative director, and his cousin, an Internet technical wizard, to join as well. They also are plaintiffs in the lawsuit.
Misraje says he was willing to stake his future on his presumed partnership with Carolla.
Carolla, the lawsuit states, assured them everyone was "all in this for the long haul," that they would "all get rich," and would be "sending their kids to an expensive college."
"We're taking this gamble together and it will pay off tenfold in the end," Carolla assured them, according to the lawsuit.
It didn't turn out that way. Despite the huge success of the podcast, Misraje's 30% payday never came. He contends Carolla cut him, his wife and cousin loose as soon as the cash started rolling in. He even changed the name of the company, Ace Broadcasting Network, to Carolla Digital.
According to the lawsuit, Carolla sent Misraje a scathing email firing his old friend. It is one of the major points in dispute. Can one partner fire another? To answer that question, the jury must decide: Was Misraje a partner, as he insists? Or was he just an employee?
Misraje's lawsuit cites multiple examples in which Carolla credits Misraje for the podcast.
"I want to thank my buddy Donny for setting this experiment up," he says in the first podcast, according to the lawsuit. Later, he is quoted as saying, "I'd never really heard of podcasting. Donny forced it upon me."
Carolla's attorney, Mark Geragos, had plenty to say about the case but did not make Carolla available for comment on the eve of trial. Geragos, who's a legal analyst for CNN, says that Misraje is seeking a big payday by taking advantage of an old friend. The suit, which alleges breach of contract, seeks a dissolution of the partnership, an accounting, and unspecified monetary damages.
It wasn't just Misraje's brainchild, Geragos said. Others also were responsible for convincing Carolla that podcasting and streaming on the Internet were the wave of the future, he added. The lawyer dismissed Misraje as "just a hanger-on, trying to cash in on an old friend." And yes, Hollywood is full of such people. "Donny is a rather pathetic character," Geragos added, describing his lawsuit as "nonsense."