Donald Bellisario today saw his claim to millions from CBS Studios and NCIS: Los Angeles take a legal body blow. A LA Superior Court judge ruled that the JAG and NCIS creator is not entitled to any money from CBS over the show. In a dense 12-page ruling, (Read it here) Judge Gregory Alarcon dismissed any financial claims Bellisario may have believed he was due to the spinoff under a 2006 agreement with CBS Studios.
Bellisario, who was let go from NCIS in 2007 after star Mark Harmon threatened to quit, sued CBS Studios last April over breach of contract and the covenant of good faith for profits from NCIS:LA. In his 2011 suit, the former producer claimed that under his 1992, 2002 and 2006 contracts with CBS Studios and its predecessors, he had a right of “first opportunity” “to participate creatively in economically in the development” of any “new spinoffs, sequels or remakes” of any series he had created for the studio as long as he worked on the original series for the first 2 seasons. CBS disagreed.
Today’s ruling, combined with a ruling last summer that rendered toothless Bellisario’s 2002 contract based on an 18-month statue of limitations, now really only leaves the 1992 agreement for the former producer to seek legal action. And Bellisario still might. As the ruling noted, “CBS does not point to any express contractual provisions showing that Bellisario intended to give up his first opportunity rights under the 1992 Term Deal.” It goes on to say, “contrary to CBS’ arguments, Plaintiff’s alternative allegations that NCIS:LA is a “generic spinoff” under the 2002 and 2006 Term Deals do not necessarily affect their allegations that NCIS:LA is a non-planted spinoff under the 1992 Term Deal.” That difference of spinoff interpretation may be where Bellisario has an option to re-focus his suit for the court to decide later. An October trial date is still sitting on the court schedule.
Deadline's Dominic Patten - tip him here.


The judge is stupid or crazy. “NCIS: L.A.” is obviously a spin-off from NCIS. CBS got lucky. Don’s a good guy and I’m sure he will appeal this. He’s very wealthy but CBS definitely owes him money above and beyond whatever the WGA residuals entitle him to get for a spin-off show.
Any day Don loses is a good day
It’s nice to see Don Bellisario lose. He’s not a nice guy.
Does that really matter?
Bellisario is a dick, but he was treated with mind-blowing unfairness here. These shows clearly flowed from his creative and entreprenurial efforts, and by cornholing him like this, CBS is acting shamefully of course but also foolishly, sending a toxic message to those writers and showrunners who have a choice about where to take their projects. Bad enough they have to run the Nina gauntlet, why throw this in their path as well? Dumb.
Whew, now im clear to create, produce and reap millions from JAG: Albequerque, Quantum Leap: Fairbanks, AK and I really can’t wait to sink my teeth into Magnum PI: Moreno Valley. Thanks CBS.
I’ve heard he’s not the nicest guy, multiple times. But, this wasn’t a lawsuit based on that. This is not good for creators. Period.
I take it he’s a jerk (especially if he can make Mark Harmon issue an ultimatum), but I think NCIS was a better show when he was at the helm.
Bottom line with Don and the shows he’s been a part of? That’s just it…he’s been a part of them. Unless I’m wrong…and he created, wrote the entire pilot and bible and first season scripts all on his own — which has led to the majority of the series’ creative successes; he lost. Plain and simple. he’s got enough success, power and money and time in the spotlight to realize the court had just as much access to all the factual based information he and his lawyers do. He lost. ” A generic spinoff” ?
This is crazy. Don created NCIS, no NCIS no NCIS/LA. He has made more money for CBS than you can shake a stick at. I hope he keeps going. Mark Harmon should kiss Don’s ass. What was he doing before NCIS? Ahh, that would be nothing. Don resurrected his career. And what does Harmon do? Screw him over.
I agree he should not be cheated out of any profits by CBS going back in time and trying to do the old screw the writers and actors routine ( as all did with residuals )especially based on whether he is a nice guy or not. But don’t pick on Harmon. He and the cast were frusrtated over Donald’s consistent lateness with scripts and constant changes. It’s no coincidence that when he left the show NCIS kept getting better, getting more fans and climbing the ratings to the top for so many years and especially for an older show…And Don’s son is still part of the team there..check the credits.
pace,
It’s true, Don B. does deserve money for the spin-off. However, during NCIS’s first and second seasons, scripts and so forth were never ready, actors had to stay on the set 18 hours a day. It was chaos! Mark H. issued the ultimatum that Don B. quit or else the cast would walk because they couldn’t work under the conditions the producers were giving them. He did it on behalf of the entire cast. Don quit and others were given the opportunity to make things right. Which they did. The show’s going into year 10 and still going strong.
There can be no doubt that NCIS: LA is a spinoff. The premise originally appeared on NCIS. Callen was shot at the end of the episode. Abby Sciuto has appeared in episodes of NCIS: LA as has Gibbs and McGee. There is also a connection with Hawaii Five-O as Kensi Blye appeared in several episodes of that series as well. I don’t know the details of his contract but Bellisario has argument on that basis at the very least.
Sadly, this is what happens when non-lawyers summarize and comment on legal proceedings.
As an attorney who has now read the court’s ruling on CBS’ motion for summary judgment, was this particular ruling a win for CBS? Yes. But really, only a partial win. Belisario can still amend his complaint (which happens ALL the time) to plead specific facts sufficient to support his theories under the original 1992 agreement that he had with CBS.
Bottom line: a battle was lost, but the war is still ongoing – and the 1992 agreement seems to be the one with the broadest rights and protections for Belisario.
We’ll just have to wait and see what happens, but this article (and the comments above) is quite misleading.
I have got to agree with the lawyer. Don’s personality and work ethics are not considered in the lawsuit. It is an amazing show, and I believe there are enough accalaids to go around.
I have been an NCS viewer for years. I LOVE the how and so do many of my friends. I rent the dvd from my hometown network just for
the NCIS show. Please the cast as is and DO NOT, REPEAT DO NOT have Jamie Lee Curtis as a regular who fraunts herself in front of
Gibbs. I rather have the Army woman for Gibbs. Jamie Lee does not know how to act and just tries to be a drama woman who flaunts herself to attract Gibbs. Gibbs has had 3 divorces. What does that tell you — he still loves Shannon, his first wife and first love. He should never forget Shannon and Kelly. They are his family besides his father. Get rid of Jamie Lee Curtis — she does not know how to act. Seems to me and my friends that she is just after Gibbs. We are not happy with that scenario. Thank you.