2012 QCCQ 5630, 2012 QCCQ 5630

Rodrigue c.

Playboy Enterprises Inc. 2012 QCCQ 5630 COUR DU QUÉBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTRÉAL Civil Division N°: 500-32-119545-095 DATE: July 16, 2012 ______________________________________________________________________ BY THE HONOURABLE SYLVAIN COUTLÉE, J.C.Q. ______________________________________________________________________ earl rodrigue Plaintiff v. playboy enterprises inc. and vip exclusives and creative media group Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The plaintiff, Mr.

Earl Rodrigue, is claiming from the defendants 3 400 $. In August 2008, the plaintiff bought, on eBay, a travel package to attend the Playboy mansion in California. The event took place on August 30, 2008 under the theme "Rock the Mansion". [ 2 ] On that occasion, Mr. Rodrigue was promised to have access to the mansion and to be able to visit it.

He also would be able to meet some celebrities, and finally, as the advertisement says: "Meet and mingle with playmates, and plenty of photo opportunities with playmates". [ 3 ] Mister Rodrigue paid 800 $ for that package, not including transportation and all other expenses. [ 4 ] Mister Rodrigue is suing VIP Exclusive, Creative Media Group and Playboy enterprises inc. for breach of contract. [ 5 ] Two defendants out of three were present at the hearing: VIP Exclusive, represented by Mr. Mark Hambrecht, and Playboy enterprises inc., represented by Mrs.

Rebecca Blabollil. [ 6 ] Mister Hambrecht argues on behalf of VIP Exclusive that his company is a ticket broker for music, sporting and entertainment events such as the "Rock the Mansion" event. According to Mr. Hambrecht, they had nothing to do with the organization of "Rock the Mansion" other than sale tickets for the event. He admits that Mr. Rodrigue bought his tickets from VIP Exclusive through eBay for a price of 800 $. According to Mr. Hambrecht, the promoter and sole responsible for the organization of the event was Creative Media Group. [ 7 ] For Playboy enterprises inc., its representative, Mrs.

Blabollil, is very categorical. The only implication of Playboy enterprises regarding this event was to rent the Playboy mansion to Creative Media Group. To that effect, they produce the renting contract of the mansion. According to the contract, Playboy enterprises implication in the event was limited to giving access to the Playboy mansion. Decision [ 8 ] Mister Rodrigue arguments that he didn't receive all the services that were included in the package is corroborated by Mr. Hambrecht in an e-mail sent by Mr. Hambrecht to Mr. Rodrigue. Here are some highlights of the e-mail (P-3).

"I appreciate your feedback, and more importantly, I'm sorry the experience was a disappointment for you…There were more than a few problems with the producer of this party. In addition to all the issues you mentioned, they left 80 people stranded at the shuttle who did not even get to attend the party…I completely validate what you state and want to let you know there is long line of angry people looking to hand the producers of this party, not to mention a charity that was expecting a sizeable check from these people". [ 9 ] It is obvious to this Court that Mr.

Rodrigue didn't receive all that was included in the package. But it is also very clear that both VIP Exclusive and Playboy enterprises inc. do not have any contractual liability regarding the event "Rock the Mansion". [ 10 ] VIP Exclusive acted as a ticket broker, and Playboy enterprises as the owner of the mansion who rented it to Creative Media Group.

The sole responsible of what looks like a fiasco is the promoter and organizer of the event, Creative Media Group. [ 11 ] Mister Rodrigue is claiming the complete reimbursement of his package (800 $) plus all other travel expenses, like: plane ticket, hotel accommodation, car rental, gaz, food and legal fees.

[ 12 ] The proof shows that Mr. Rodrigue did attend the "Rock the Mansion" party but did not receive all the services that were included in the package. In those circumstances, the Court grants 50 % of the cost of package, which comes to 400 $. As far as all other expenses are concerned, none of these were included and not related to the package Mr. Rodrigue bought. So, he will have to support those expenses. [ 13 ] Consequently, since Mr. Rodrigue has made partially the proof of his claim, he will be entitled to 400 $ in damages.

For these reasons, the court : Grants partially the claim of the plaintiff, Earl Rodrigue; Rejects the claim against VIP Exclusive and Playboy enterprises inc.; Condemns the defendant, Creative Group Media, to pay to the plaintiff, Earl Rodrigue, the sum of 400 $, plus legal interest and the additional indemnity provided by

article 1619 of the Civil code of Quebec ; The whole , with costs. __________________________________ SYLVAIN COUTLÉE, J.C.Q. Date of hearing: April 17, 2012