Sell Tickets, Then You Play

Re: Online articles concerning Breakthru Entertainment published May 16, 2012 and June 6, 2012

To the publisher:

This firm represents Breakthru Entertainment. The purpose of this letter is to demand that your publication retract and/or correct online articles published May 16, 2012 and June 6, 2012 concerning Breakthru Entertainment.

Specifically, Ken Leighton has authored two recent articles concerning Breakthru Entertainment and House of Blues. Both articles contain false, misleading information and libelous statements, which are specifically addressed in the enclosed Retraction/Correction Requests.

Retraction/Correction Request Re: June 6, 2012 Article entitled: “They Aren’t Promoters”

The article has a number of false, misleading and libelous statements, which are hereby demanded to be immediately retracted and/or corrected.

1. The article states: “Red Wizard’s May 31 show at the House of Blues started off as a pay-to-play event. The metal band ended up paying to not play.” This is false. The band was requested to return the tickets and the band complied.
2. The article states: “One band that did play May 31 was There for Affair. Because the members are under 18, parents needed to sign the pay-to-play contract with Breakthru.” This is untrue and should be retracted and/or corrected. The band did not sign a pay to play contract. The band did agree to pre sale 50 tickets at $10.00 per ticket in order to ensure there are sufficient patrons to purchase food and beverages to cover overhead costs.

Retraction/Correction Request Re: May 16, 2012 Article entitled: “Rock and roll is about money, publicity, and extortion.”

The article has a number of false, misleading and libelous statements, which are hereby demanded to be immediately retracted and/or corrected.

1. The title of the article uses the word “extortion.” This is libel per se and must be retracted. House of Blues and/or Breakthru Entertainment are not extorting bands. Bands chose to play at this venue because it is great exposure.
2. The article states: “All the kids have to do to play the House of Blues main stage that Thursday is pay $750.” If a band were to tender a check for $750.00, it would not be accepted. However, the bands do need to pre sale 75 tickets at $10.00 per ticket in order to ensure that there are sufficient patrons to purchase food and beverages to cover overhead costs.
3. The article states: “Ricketson says he signed the contract with a guy named Mo. Attempts to reach Mo and Garrett have been unsuccessful.” This is untrue and should be retracted and/or corrected. First, Mo was not present at the time the contract was signed. Second, Mo and the author, Ken Leighton, had two telephone conversations and exchanged several text messages wherein Mo described why it is not a pay to play deal and that Mo’s affiliation with the bands is as a production coordinator between House of Blues and Breakthru Entertainment.

Breakthru Entertainment demands that the above retractions and/or corrections be made immediately.

In addition to the Retraction/Correction Requests, my client demands that the [sic] both articles be pulled from the internet. It is our understanding that the author, Ken Leighton, owns and/or is affiliated with a San Diego bar that provides a venue for bands to play. This makes Mr. Leighton a business competitor with Breakthru and House of Blues and Mr. Leighton is clearly using editorial pen to unfairly compete by deliberating writing libelous, false and misleading information.

If your publication does not comply with my client’s requests within twenty-one (21) days, my client will seek all available remedies under the law.

Moving forward, when referencing Breakthru Entertainment, refrain from associating House of Blues with Breakthru Entertainment as they are two separate entities. Breakthru Entertainment develops its own agreements with bands.

If you have any questions or concerns, please do not hesitate to give me a call.

Very truly yours,
David C. Holt
The Holt Law Firm
2522 Chambers Road, Suite 100
Tustin, CA 92780

The Blurt stories regarding Breakthru Entertainment (“They Aren’t Promoters,” “Rock and Roll Is About Money”) have been pulled from our website due to perceived conflict of interest, as the author of the articles owns and/or is affiliated with a San Diego bar that provides a venue for bands to play. Interviewees provided the language and information contained in the articles. The Reader has no opinion regarding the business practices of Breakthru Entertainment. — Editor

Son Of A Big Gun?

This is in reply to your report by Matt Potter, “Postal Service Audit Blasts San Diego Mail Carriers for Inefficiency” (June 21).

First of all, these were hidden cameras. They don’t even discuss the fact that mail carriers might be texting their supervisors.

Also, the last name of the person who wrote this article is Potter. You might want to ask him if he’s related to the postmaster general because that’s his last name too. I’d like to find out. He might be the postmaster’s son, and that’s no joke.

Lastly, these auditors have never delivered mail. They were only auditors. They have never delivered mail. And if they’ve never delivered mail, they have no idea how to deliver mail.

John
via voicemail

Shooting Unrelated

It is sad that Robert Ramos had a tough life; sad that he turned to drugs and alcohol to try and quell the demons raging inside (City Lights: “Down, Down, Down for the Locos.” June 21).

It is sad that every effort made to help this young man didn’t work.

To start the article off with the teaser that he was shot in the head, and to then somehow tie that in as “reasoning” for his participation in the senseless murder of Mr. Kenneth Mose is crazy, and in the words of my son, “I call shenanigans.” In my opinion, his part in the murder had nothing to do with being shot, especially since it was never mentioned again anywhere in the article until the end, and it wasn’t mentioned that Ramos gave that as an excuse. Apparently, it was a ploy to gain some type of leniency....and it worked.

Lena Raphael Hampton
via email

Digestion Problems

The Reader and its readers are fortunate to have the gifted Don Bauder, a refugee from the Union-Tribune, as one of the Reader’s most prolific and informative contributors.

I question, however, inclusion of his News Ticker article “Editorial Confinement?” among the formerly titled “Neighborhood News” features, when it offers no pretense of having a San Diego neighborhood connection, flaunting the byline “Outside San Diego.” Much worse, this article appears to contain no original reporting. If it does, the author and the editors have failed to include any evidence that the author did any first-hand reporting at all.

Did Mr. Bauder interview and obtain quotes from the anonymous Register editor or the elusive “Lynch”?

If the Reader is now willing to pay Don Bauder to digest articles about San Diego from the Los Angeles Times and New York Times, will it pay the rest of us to do the same? Sign me up!

Ben Cooper
via email

Preposterous Plea Deal

I just read an article in the Reader titled “Down, Down, Down for the Locos” (City Lights, June 21), and I’m really pissed off. I can’t understand why these vicious assailants got a plea deal when the young man who didn’t get a plea deal. He’s dead. They should be in jail for the rest of their lives. It just makes no sense at all.

H. Williams
Vista