SELENA

Judge rejects bid to throw out lawsuit over 'To Selena With Love'

Krista M Torralva
Corpus Christi Caller-Times

A Nueces County judge ruled Friday a lawsuit by the father of late Tejano singer Selena Quintanilla Perez against her widower meant to block the TV series "To Selena With Love" can move forward.

Judge Guy Williams holds up a copy of Chris Perez's book "To Selena, with Love" during a hearing for a civil lawsuit filed by Selena's father Abraham Quintanilla Jr. regarding Perez's plans for a TV series based on the book in the 148th district court in the  Nueces County Courthouse's on Friday, Feb. 17, 2017.

Lawyers for Chris Perez, Selena's widower, argued the lawsuit against him stifles free speech rights and sought to have the case dismissed.

State District Judge Guy Williams decided Perez’s lawyers failed to prove the litigation was a strategic lawsuit against public participation – commonly called SLAPP – and ruled in favor of Abraham Quintanilla Jr., Selena’s father.

Perez and Selena’s parents and two siblings entered into an estate properties agreement in May 1995, two months after Selena’s death. Selena, who did not have a will, had transferred certain property rights to her father before her death.

According to the agreement, Quintanilla owns certain entertainment properties including the name, voice, signature, photograph and likeness of Selena. As part of the agreement, Perez is prohibited from exploiting Selena without Quintanilla’s written consent.

Selena Quintanilla Perez

The television series is a violation of the agreement, argued Michael Trauben of Singh, Singh & Trauben, LLP in Beverly Hills, California.

“They’re commercially exploiting her name, image and likeness to make money. That’s what they’re doing and now they want to make a television series commercially exploiting her name, image and likeness,” Trauben argued in Williams’ court.

The agreement also entitles Perez to 25 percent of the net profits from the exploitation of entertainment properties pursuant to the agreement. He’s received more than $1 million as a result, Quintanilla’s lawyers said.

Perez got family support for the 2012 book of the same name. In November, Perez announced the book would be turned into a television series.

Eric Medina, of the Medina Law Firm LLC in New York City, argued Perez did not abandon his free speech rights by signing the agreement. Medina argued the television series depicts Perez’s story and does not fall within violation of the agreement.

“They’re submitting to you that in the context of the settlement … that Mr. Perez gave up his right to write his story,” Medina said. “They’re arguing in a very blurry and cloudy way that he can’t do this.”

In December, Selena’s father filed the suit against Perez, Endemol Latino and Blue Mariachi.

Quintanilla’s lawyer said Perez did not have special permission to adapt the written story for television.

“Just because the book was released does not entitle them to rampantly run all over and trample the agreement,” Trauben said.

Both teams of lawyers said they will determine next courses of action after meeting with their clients. Medina added his team will review the judge’s order.

The legal action comes in the midst of planning for the third annual Fiesta de la Flor, a two-day festival honoring Selena. It’s scheduled for March 24-25.

Perez is not in the performance lineup this year. The decision was made before the Corpus Christi Convention and Visitors Bureau learned of the litigation, CEO Paulette Kluge said.

“We change the lineup every year and last year (Selena’s brother) wasn’t in it and this year (he) is,” Kluge said. “It’s intentional to make sure there’s a different lineup.”

Related headlines:

TV series based on "To Selena With Love" in the works 

Selena's dad sues Chris Perez, production company

Fiesta de la Flor to feature Selena's wax figure

Krista M. Torralva (@CallerKMT) | Twitter