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Business Reply  Wayne, 2012-11-22, 03:05AM CST

This complaint is not unexpected at all. Dave Vergara was livid when he was caught in a bald faced lie regarding an actress and her manager. He was in the process of trying to seize screenplays for which he does not own copyright, and thought that by bullying, lying, even blackmail that he could get what he wanted. He insulted the very people he quotes. There is no one who will support his insane rant, but everyone will support my character and the honest manner we attempted to deal with him. His e-mails became so crazed, I stopped responding to him on the advice of my attorney. You will note he admits dealing with a convicted child molestor, then tries to blame us for it. None of the people he references will substantiate anything he says.

This is the proposal we made to him: You have been investing time, money and your business contacts and those investments should be protected. You are also pushing to involve other people and other projects which might benefit our production company as well. We have our own intellectual properties, which naturally are our number one concern. If we can work with others to build us as a company, we all agree that is a good thing, so long as we handle it properly. I've been looking for an approach that meets your needs and concerns as well as everyone else involved. I am thinking at this point, that we should open up the limited partners side of WSF or WSE, if you will. i am exploring whether we can set up projects to which others may invest. The investment can be cash, or in kind with a proper evaluation. Both times you requested partnership, we were agreeable but then you backed away. I am surmising that you backed away because you did not want the risk and liability of being a general partner. You are already invested in DC&P, EG and Angie. I invite you to provide a summary of what you have invested in cash, time and any other considerations under in-kind for each project. We're wouldn't argue over any reasonable estimation. You'll sign a member agreement that specifies your investment, against the total amount invested for that project and be entitled to pro-rata pari passu in earnings from any one of them that earns income for WSF. For Angie, or San Luis Bliues, we'll be sure to include your "concept" as in-kind contribution according to the WGAw standards.

Here's where I caught him lying;

Wayne, Just got an email from Mark. Lauren is out. We can approach her later when everything is in place. Please notify all involved immediately, including Mario, that they can no longer use Lauren's name and likeness. Thanks bcc me on the message you send Also - I forgot to mention in previous email, I hope you understand my position with Bob and Creazzo. You and I have put in a lot of time in helping them. After that email I sent them the other day. claiming to continue seeking funding for their films, they couldn't take two minutes to reply?

3 - I asked that Mario and others be notified immediately about Lauren. I was not cc'd on that message, or it has not yet been done? Please do so asap and bcc me on the message. Mario and the distributor need to know that Lauren is no longer involved with EG, and that her name and likeness can no longer be used. I WAS INSTRUCTED TO REMOVE LAUREN, IF YOU WONT DO IT, I WILL.

I'm happy that Lauren is still attached, but I'm extremely pissed that you went behind my back and contacted Mark after I clearly stated to let me handle the talent. These are my connections. I want an apology for doing this now or I'm contacting my contact in the morning and pulling DC&P and EG from my investors.

Then he tries to deal:

I only made those offers to give funding for EG and DC&P, which was green lighted by the investors I'm working with, because Steven said I should do it for the team. My offers were negotiable, as I stated in the email. As for ANGIE, I win, WSF loses. I may have lost ANGIE, but I have a 20K deal to develop a pilot, and the green light for a pilot, and I have several experienced writers, like Jack, I can hire to write a new pilot based on my ideas. The writers I have are successful writers who have agents, are members of the Writers Guild, and who have sold scripts in the past. We can create another show using my ideas, but change the settings and characters. WSF loses because you have a script you can not use without my involvement. As for the my commission for EG and DC&P, I win, WSF loses. I may have lost my commission for EG and DC&P, but I have several other films I can offer these investors. WSF loses because they turned down funding for 2 films, funding they have been trying to obtain for years. If you're willing to honor your committment to pay me commission for money I bring in, and give me a producers credit, and give me ANGIE, I'd be willing to give you the money you need for EG and DC&P. Unlike you, I keep my word, but I'm not giving you my investors without something in return. You owe it to your team to make the right decision. I'm willing to negotiate on a deal I started before I resigned, funding for EG and DC&P, a deal that came through after I resigned. Here is my proposal for ANGIE. This is negotiable. Should you accept the offer, we can work on a deal so you can get your funding for EG and DC&P. I'm only doing this to save time, and to help the team by completing something we all started. I can easily create another show, but that would delay the pilot. The following is a rough draft: ANGIE AND THE BOYS - Hearby known as PROPERTY Wild Strawberry Films - Hearby know as OWNER David Tolemy - Hearby known as WRITER Dave Vergara - Hearby known as Creator OWNER and WRITER agree to turn over full ownership of the PROPERTY to it's CREATOR for the production of a pilot. CREATOR will have the right to make certain changes if necessary. Should the PROPERTY become a series, OWNER will regain 10% ownership of the PROPERTY. This includes Broadcast Rights, Syndication, both domestic and overseas, and DVD sales. OWNER and WRITER will not have any involvement in the production of the pilot or series FYI - Steven has responded. Why isn't David and Sandra responding. I would like to hear their thoughts. I will give you until 5 PM tomorrow to respond, or I will have to move on with my other option.

His other option was this, threatening character assassination;

Wayne, I will expect you to pay back the money you owe me or I will take immediate action against you. If you refuse to make arrangements to pay me back, in addition to legal action, which you would also have to pay court costs, I will post on dozens of websites that you ripped me off and that you are not to be trusted. I can do do this legally because you ripped me off, and you refuse to honor your promises to reimburse me. I have the emails and receipts to prove it.

The sums of money are bogus, we all invested in the projects far more than he did, and I think he's trying to get out of paying me for my producing videos for his child actors which are in use by their agents. In short, if you believe this guy, you're likely to be the next target of his scamming and bullying.

ac15d98e, 2012-11-23, 11:09AM CST

There are far too many outright lies and distortions to address them in one comment.

Let's take just one. He claims I hacked into his IMDB account and changed his resume. The fact is, he has been using my IMDB Pro account, after just once my asking him to add information to our project page. I must now assume he has been using it for 2 to 3 years illegally and without offering to help pay for the Pro account. I filed a complaint with IMDB and changed my password. His claim of letters of recommendation never existed, in fact, IMDB lacks such a function. He's confused that with LinkedIn. Any modifications to a page in IMDB has a tracking number with details. They are not purged. I can produce my history of submissions. Let him produce the history of his posting resumes. In fact the very resume that exists now for him, was given to me by him and placed by me with my name on it at his request.

I have been sending the complaint page to others, since I have nothing to hide, and it reveals how toxic this man can be. Learn from my mistake. Read what he posted above, then decide if that's someone with whom you'd do business.

Dave, 2012-11-23, 11:34AM CST

Filing this complaint against Wayne to warn others about him is perfectly legal. He made promises he did not keep. He attached the names of actors to his projects without their permission. He stole money from me. He promised to repay me and he never did. He's a con artist, and con artist lie. That's my opinion. In the original complaint above, included are statements taken from actual emails I have. So far Wayne has provided no proof to back up his claims. If I'm on agency alert lists, prove it. He can't because he knows his claims are BS. And he is still hiding under a false name, this time using "ac15d98e". If you have nothing to hide, why are you hiding under fake posting names?

1 - I did not lie. I received an email from this actress' manager saying they were pulling out of the film. I forwarded that email to Wayne. Wayne then called the manager begging him if he could still keep the actress. The manager gave Wayne an additional 30 days.

2 - Yes. I tried to deal. I had financing set up for his films, and after resigning I was willing to work out a deal with Wayne so he could get what he wanted and I would get what I wanted. I was willing to negotiate. Wayne would not negotiate. He had a script he could not use. I was willing to buy that script, give him part ownership of the series, and he would get his funding for his films. The fact that I was willing to negotiate a deal with him after resigning shows good character on my part.

3 - Wayne filmed 4 videos for an actor I am working with. Wayne volunteered to do it for free because, at the time, Wayne was interested in this young boy for the role of Charlie in his film DC&P. One of the videos Wayne had this 11 year old boy do was a scene from Wayne's screenplay EVAN'S GAME. In EG the boy is in over 90% of the film. Of all the scenes Wayne had to choose from, Wayne chooses to film a scene where he is in bed with this 11 year old boy. Wayne was playing the other character in the scene.

ac15d98e, 2012-11-23, 11:42AM CST

Legal doesn't make right. Posting lies and distortions in a deliberate smear campaign over being caught in bald faced lies is petty. If Vergara had a legitimate money complaint, he'd have gone to small claims court. This is petty and stupid, and it's easy to see how toxic is his character. The louder he tries to scream don't trust Wayne, he shows he has no integrity of character. He must think people are stupid, in fact, he as often said so of our business associates. He's toxic. Stay away from him.

Dave, 2012-11-23, 05:24PM CST

My postings are in response to the false and defamatory claims Wayne has posted about me. To show you what a sleazebag he is, Wayne posted a blog linking me to 2 convicted child molesters. Yes. I knew Marty Weiss. Most agents, managers, publicists, and casting directors in Hollywood knew Marty. That doesn't mean we are associated with him. I knew Marty. Marty was a talent manager who represented several young actors. I was not associated with Marty. In his blog Wayne also tried to connect me with Jim Duval, a convicted child molester. Jim was not my contact. Jim was Wayne's contact. It was Wayne who had contact with Jim, not me. Wayne has now removed that blog after I threatened him with a lawsuit. True fact. I have been working with child actors over 30 years. Never one complaint or charge filed against me.

Check out the complaint, and comments, started by Wayne in retaliation to my original complaint.

ac15d98e, 2012-11-23, 06:00PM CST

Yes please check it out. It clarifies a lot of the nonsense Vergara has been posting. To call it a retaliation is just semantics. It's a response.

Judge for yourselves. I have been sharing both complaint pages so sunlight can do a little revealing of who is who.

Dave, 2012-11-23, 06:14PM CST

I only initiated one complaint to warn others about how Wayne screwed me over. I'm being forced to write several follow up comments in order to defend myself from the many lies written by Wayne.

Remember. I was not fired. I resigned.

ac15d98e, 2012-11-23, 07:07PM CST

So far you've presented no evidence of being "screwed over", just a bunch of childish tantrums.

Bottom line, you don't get the screenplays.

Dave, 2012-11-23, 07:27PM CST

I have receipts. Example. The two Amtrak tickets I purchased for you. I have another script being written by a more experienced writer who is a member of WGA and has sold scripts in the past, so I don't need ANGIE anymore.

Bottom Line: You don't get your funding, and you can not use those screenplays without me because they were written based on ideas I gave you. That is your own doing because you refuse to negotiate.

Dave, 2012-11-23, 10:09PM CST

To show you just how vindictive Wayne is, and how he seeks revenge, I was notified today by business associates of mine that Wayne sent out emails to some of my business contacts in an attempt to cause trouble. Wayne is telling people in his comments to not trust me, and he is contacting my business contacts in a malicious attempt to ruin my reputation. It only shows I am right. You should not trust Wayne. This is a man who loves seeking revenge. He steals money from me, breaks promises, then I file one complaint against him and he goes out and gets many others involved, including a 12 year old boy. My opinion? Wayne Schotten is sick.

ac15d98e, 2012-11-23, 10:16PM CST

I said so above. "I have been sending the complaint page to others, since I have nothing to hide, and it reveals how toxic this man can be. Learn from my mistake. Read what he posted above, then decide if that's someone with whom you'd do business." Now he is threatening to sue everyone under the sun because of what he wrote in this complaint. I believe the light of day is best disinfectant. I welcome all who read this to forward it to others that they may learn from my mistake in working with him. He is now afraid of his own words and actions being seen by others. It's the modern world. If you don't want something read, don't publish it.

Dave, 2012-11-23, 10:56PM CST

I just got off the phone with my attorney. He is planning a defamation lawsuit against Wayne and his company. My initial complaint against Wayne is legal. I have the legal right to warn people about a man who stole money from me (etc), but Wayne is taking it further by maliciously contacting my business associates in an attempt to derail my television pilot.

Wayne wrote to one business associate of mine "A little friendly advice, if you are working with him, back away gently.Sincerely, Wayne Schotten"

By doing this Wayne did not hurt my business relationships. He only made himself look foolish. My business associates, real Hollywood players, want nothing to do with Wayne. Wayne Schotten accuses me of trying to smear his company. On the other hand, Wayne implies in two comments he posted online that I'm a threat to children. Wayne has repeatedly stated in his comments that he will not give me the screenplays, then he contacts business associates working with me on the television pilot in a malicious attack to ruin my working relationships after he was told not to contact my business associates. Wayne is an evil man who enjoys seeking revenge. Well, my business associates are not buying his BS, and investors are not buying the crap he's trying to sell.

****** FYI - I will not respond to any further false comments about me. I'm tired of wasting my time defending myself against someone who lies and steals money from me (etc) and Wayne is no one important in the entertainment industry. Nothing Wayne says could hurt my long successful career.

In the end, after 2 1/2 years donating my time to help Wayne get his projects funded, I resigned wishing Wayne and his partners well. I also offered to put him in contact with a group of investors who want to fund his films. Wayne never thanked me for all the time, resources, and money I contributed. He just blew me off. Wayne refused to negotiate a deal that would have benefited him and his company both financially and credit wise. By turning down my offer he let down his team. His team has been waiting years, and working hard, for funding, now Wayne turns down funding because he doesn't want to negotiate. Wayne refused to repay me the money he owes me. Wayne goes online with the intent to harm my reputation by trying to connect me with child molesters, one of those molesters actually being Wayne's contact, not mine. Wayne has removed that blog after I threatened him with a lawsuit. Wayne contacts my business associates bad mouthing me. So ask yourself. Who's the real asshole? Wayne Schotten is, that's who.

ef67d867, 2013-03-03, 04:48PM CST

Wayne Schotten is a sexual predator. I was acting in a play several years ago with Wayne's boy toy David Tolemy when Wayne approached me for his film about gay action hero's. Wayne wanted to screen test me for the role by filming me in a love making scene with David. I said no. I later found out that this old pervert likes to attend local small theater plays pretending to be a Hollywood big shot in an attempt to pick up young guys. Wayne is not a Hollywood big shot. He is no one important, and if he says he can help your career, he can not.

Chad R., 2013-12-29, 08:46PM CST

I know Dave Vergara and he's been working with kid celebrities and musicians over 33 years. He has worked with the children of Law Enforcement Officers. The only reason Dave wrote this complaint is because, after Dave resigned from WSF, Wayne was upset and tried to tarnish Dave's image. Wayne posted a Blog linking Dave with convicted child molesters. The only convicted molester Dave ever worked with in the past was Talent Manager Martin Weiss. To suggest that Dave is a bad person because he knew, and had past dealings with, Marty and his clients is wrong. If so, then you need to criticize many Actors, Agents, Talent Managers, Publicists, Casting Directors (etc) who knew and worked with Marty in the past. You would also have to criticize the two young stars of a hit Disney Channel show who attended Marty's 40th birthday party several years ago. Dave knew Marty. So did hundreds of Actors, Agents, Casting Directors (etc). Dave did some work with Marty approximately 20 years ago. Marty was a Talent Manager. Most people in Hollywood knew, or knew of, Marty. Dave also mentions in this Blog that he knew Marty. Dave has nothing to hide by telling the truth. As for James Duval. That was Wayne's connection. Not Dave's. Wayne met James Duval, a convicted child molester, and wanted to work with Jim. Dave never met Jim. Dave always believed Jim was a phoney, and Dave was right.

Wayne removed his Blog after Dave threatened Wayne with a lawsuit.

Wayne also contacted many Agents, Managers (etc) in an attempt to tarnish Dave's image. All these agents (etc) ignored Wayne, dismissing him as a vindictive Hollywood wannabe. Look at Dave's resume on IMDB, then look at Wayne's resume. Dave's resume is very impressive. Wayne's resume is not. Wayne is a Hollywood Director wannabe living on welfare in a low income apartment complex in San Francisco. Wayne rides the city bus. Does Steven Spielberg or George Lucas ride the city bus?

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