And they all lived happily ever after..not!

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LittleDollClaudia
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And they all lived happily ever after..not!

Post by LittleDollClaudia » Sun Feb 25, 2007 3:51 pm

Five orphaned siblings whose "adoption" by a Santa Fe Springs family was featured on television are suing Disney/ABC International Television Inc.
Charles, Michael, Charis, Joshua and Jeremiah Higgins are claiming they were cheated out of a home, gifts, cars and other items given to them by the producers of "Extreme Makeover: Home Edition" and private donors.

At a hearing on the lawsuit Tuesday in Los Angeles County Court, attorneys for both sides argued over the the diary entries of one of the children and whether the entries should be allowed as evidence in the suit.

The five Higgins siblings lost both of their parents suddenly within three months of each other in 2004, leaving them orphaned and homeless.

They were taken in by the Leomiti family of Santa Fe Springs, who attended the same church, the Norwalk Assembly of God Church.

When "Extreme Makeover: Home Edition" learned about their story, the show's producers built a home for the children and the Leomiti family. The siblings also were given gifts, cars, and a Disneyland vacation in February 2005, according to their lawsuit.

But the rags-to-riches fairy tale didn't last long.

According to their suit, the Leomiti family evicted the siblings from the newly built home in April, after they had received thousands of dollars in donated items meant for the children, along with gifts from the show's producers.

The siblings were left with nothing, according to their suit, and as a result were forced to separate, their attorneys said.

The Leomiti family retained the house, cars, and at least $50,000 in cash donations given to the Higgins children independently of the show, according to court documents.

The youngest sibling, Jeremiah, left behind his diary at the Leomiti house. Defense attorneys argued Tuesday that portions of it should be entered into evidence.

"The questions are: Why did the Higginses leave the house? Was it voluntarily, or were they kicked out?" said attorney Mark Block, who represents the defendants.

The diary "explains issues between the brothers," he added. The diary might show that the Higgins children left voluntarily because of arguments, defense attorneys said.

But Patrick Mesisca, an attorney for the siblings, said the diary should be kept private.

Judge Paul Gutman ordered both sides to "meet and confer" about the issue and return to court on Feb. 27. A trial date in the suit has been set for May 14.

The siblings, who were between the ages 14 and 21 at the time the show was taped, filed suit against Disney/ABC International Television Inc. and other companies who produced, distributed and marketed the show.

Their court complaint states that the siblings were given a fraudulent contract and promised things they never received.

The show's contract was made between the producers and the Leomiti family, even though the Higgins' traumatic story is what prompted producers to build the house, said Mesisca.

"Within a few days after their father died - their mom had died just a couple months earlier - ABC contacted the Higgins," said Mesisca. "The memos in-house reflect that the decision was made to provide assistance to the kids, even before their father's funeral service."

But the show's producers argue that, since their contract was solely with the Leomiti family, not the siblings, there was no fraud or obligation to the Higgins siblings.

"There was no misrepresentation ... ABC never entered into a written contract with plaintiffs," reads the defendant's motion for dismissal of the suit.

Further, the contracts never promised the siblings "an ownership or other interest in the Leomitis' house ... Defendants had no duty to provide for plaintiffs' `long-term safety and security."'

The siblings, however, claim the Leomiti family's actions were "evil" and "deceptive," their attorney said. The Leomitis lured the Higgins children into their home on the pretense that they were helping them, though their plan was to use them for their own financial gain, said Mesisca.

The suit also calls the contract with ABC/Disney unreasonable and fraudulent.

"The contract contained provisions that would be very difficult for any reasonable person to swallow," said Mesisca.

He said the children are not seeking the title of the house, but rather compensation for emotional trauma.


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Re: And they all lived happily ever after..not!

Post by DLRFantasmic!Dan » Sun Feb 25, 2007 8:34 pm

Wow, that sucks. I know this is. A friend of mine told me and showed me where their house was. He lives in the same neighborhood as they are.


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