Susan Porcaro’s husband explains the lawsuit

[JohnH]

Posted today on FB- wow so Steve wasn’t even a full member since 2010 either.

https://m.facebook.com/story.php?story_ ... 1404796117

From Rick Goings -
Regarding TOTO/Lukather - It’s time for me to share the truth.

Jeff Porcaro is not here to defend his interests, nor defend his wife. But, I am. He would be furious with Steve Lukather using his celebrity status to make false, defamatory attacks against Susan.

When Jeff tragically died in 1992, Susan, his widow, stopped everything in order to care for their three small children. The youngest, Nico, was only 7 months old. Leaving behind her successful time as an ABC broadcast journalist in Los Angeles and as Mayor ProTem of an important Los Angeles city, she moved back to Florida, where she was raised. Her family helped fill the void of the boys growing up without their father.

Susan’s friends tell me her only focus was their boys. After a couple of years they encouraged her to date, but she refused. Finally, after five years, she went on her first date, with me. When we married not only did I get a wonderful wife, but I also got three amazing sons. I also knew that Jeff would be a part of our lives, because it was important to both Susan and me that he always be a part of his son’s lives.

Over the last 20 years I’ve observed Susan’s flawless character and selfless contributions to making the world a better place ... over and over again.

~ Whether traveling to countries representing the large global company where I was CEO, with the United Nations on issues regarding women and children, working with the Boys & Girls Clubs, or the Jeff Porcaro Foundation, she ALWAYS gave her all to help others. Visit ChainofConfidence.com to see her draw out stories from amazing women from all around the world, all of which she did as a volunteer.

~ Recently we co-founded the World Federation of Youth Clubs. After my years as a Board Member and Chairman of the Boys & Girls Clubs of America, it was Susan who had the inspiration to create an international movement to help children. Today, there are clubs in 19 countries.

Susan has had a positive impact on so many people, but that is not the purpose of my writing. It’s to set the record straight about Lukather, and his ongoing, troubling, cruel and entirely unjustified attacks on this special, giving woman.

TOTO has been on tour for three long years. Now, blaming Susan for stopping the tour is simply ridiculous, not based on any truth. It’s all a fabrication of Lukather’s lies, and and she and our sons are the one’s suffering.

Over the years Jeff’s and Susan’s true friends have been there for her and the boys. They have frequently visited with us, including their well-known musician friends. Those warm friendships have continued for decades, and I have grown to love them, too. Like me, they are distressed by Lukather’s viciousness, although as observers for many years we are not surprised.

The first time I met Lukather was at Mike Porcaro’s house. Mike was still healthy then, before ALS took this gentle, talented, loving man. Lukather gave each of our boys a high-five and said, (please forgive this disrespectful, derogatory term) “Hey pussy-eaters...how are you?” Chris, Miles and Nico were 12, 11, and 6 years old. My initial thought was to say something to Lukather, but Mike had already warned me that he was often an embarrassment, so I said nothing.

As the years went by, Susan had the responsibility of protecting Jeff’s interests, as I was busy with my work and had little interest in TOTO’s business. She thought things were going smoothly, since David Paich and Lukather were still part of TOTO. She trusted and believed that between them and their managers, Jeff’s interests were in safe hands. She didn’t realize that for years these men who had been Jeff’s best friends and claimed him as their “brother”, had systematically taken advantage of her trusting nature and diverted income that was rightfully Jeff’s, to their own accounts.

Like so many who loved him, Mike’s illness hit Susan hard, especially because following Jeff’s death Mike had embraced Chris, Miles and Nico. They spent a lot of time with Uncle Mike and his family. Susan visited Mike frequently and did what was possible to help him and his family.

A few months before Mike died he told Susan some alarming things about TOTO. He had heard about a TOTO-Sony lawsuit that he and Susan were named in, without their knowledge. No one in TOTO, or their management, had ever notified Mike or Susan, until TOTO lost the lawsuit and Sony wanted money for their legal fees. Mike suspected something underhanded was going on. Susan promised Mike she would look into it for him, Jeff, and their families.

I suggested Susan simply ask for details from Paich, Lukather, and their representatives. Despite repeated requests, there were no answers. Eventually, a highly respected musician who also knew the business side of music, put Susan in touch with experts who had experience with these types of issues. For over two years they tried to work amicably with TOTO’s members and representatives to hopefully resolve these issues quietly. Continually, they were blocked and stalled.

It’s important to note that there are only two “real TOTO members”, Lukather and Paich, because they never made Steve Porcaro an official member of the band again. For all these years he’s only been a hired musician like the others who tour with the band.

Despite the band’s stonewalling, a number of additional alarming actions were uncovered. The first was that TOTO claimed that Jeff had relinquished his shares in TOTO’s corporation in 1994 — TWO YEARS AFTER HE DIED. Obviously impossible.

That revelation made it even more important to find out what was REALLY GOING ON. The only way to learn the truth was to file suit on Jeff’s behalf. Susan was very reluctant, because she didn’t want to be involved in a lawsuit or do anything that would hurt TOTO. This was never about money, but about protecting what Jeff had co-created and loved. It was about protecting his legacy.

Despite what Lukather is now claiming, the truth is that they never even went to court. There was a one-day mediation where the evidence against the band was so obvious that finally TOTO had no choice but to settle in a manner consistent with Susan’s original claims.

I attended the mediation as an observer. Unfortunately I had to leave early, and missed Lukather’s volatile outburst, shouting at Susan using vile language and vile gestures. The good news is that during mediation Susan was also able to look out for Mike’s interests. She tried to do the same for Steve Porcaro, but they refused.

Now, Lukather is trying to tarnish Jeff’s widow’s name. He continues his bizarre, cruel behavior spewing lies about her in interviews and blogs. No wonder TOTO Corp. has had “countless” unsuccessful lawsuits. The common thread is not the conduct of the people suing, but TOTO’s bad behavior repeatedly evidenced by Steve Lukather’s words and deeds.

The legal process has been illuminating and shocking. It brought out Lukather’s horrific actions toward his supposed “brothers” Jeff and Mike Porcaro. Actions he took after Jeff died and while Mike was terminally ill and fighting for his life. Disturbing and disgusting.

I told Susan she should make public Lukather’s video deposition. His cruel lies are startling and at times laughable.

~ The name TOTO: It’s well-documented in years of print, TV and radio interviews with all of the original members of TOTO that Jeff chose the name after watching the movie, the Wizard of Oz. Yet, during his deposition Lukather claimed that Jeff was not the one who came up with the name.

~ The song Africa: It’s also well-documented through print, TV and radio interviews with Jeff and David how they co-wrote Africa. But, in his deposition Lukather claims that Jeff did not co-write Africa, because “he’s only a drummer” and therefore no way he could write songs. Jeff actually has about 60 songs in his music catalog that he either wrote or co-wrote, despite Lukather’s ridiculous claim.

And, Lukather claiming that he’s working on a documentary but that “a widow out there ... won’t let me do anything”, is just one more lie. Susan has absolutely no idea what he’s talking about.

Susan and our family have received harassing social media messages as a result of Lukather’s deceitful remarks, which are causing distress for her and our family.

Lukather has repeatedly violated their settlement agreement. He needs to correct and discontinue his defamatory statements pertaining to Susan, who is not a public figure and does not appreciate the negative media coverage which Lukather seems to relish.

So, why hasn’t Susan personally responded to Lukather’s false claim that she is responsible for “the end of TOTO”? Because she agrees with the guidance a wise and gentle leader once gave me that I have always embraced...

“NEVER GET IN THE MUD AND FIGHT WITH A PIG...YOU’LL GET DIRTY AND THE PIG LIKES IT”.

Thank you for your time.

Please feel free to share and post. The truth needs to be told.

[RonaldDupris]

The comments about Steve Porcaro make me question what's true about his post and what isn't. I have a really hard time believing that comment. Why on Earth would Steve Porcaro ever agree to those kind of conditions? Joe I could understand, as he didn't really have a career that was all that successful, was only in TOTO for 2 years and I'm sure he was happy just to be making a steady income again. Steve Porcaro though? An original member that was a part of TOTO for its first 10 years? I honestly have a really hard time believing that he would agree to come back in 2010 as simply a touring member.

[Sundet]

Well, this (too) is obviously a subjective version of events and I must admit to wondering why he felt the need to introduce the post with a lengthy depiction of Susan Porcaro Goings' services to mankind.

Also, some of the claims made here are impossible to verify. However, his claim that the lawsuit was resolved after a single mediation conference appears to be backed by the case docket entries, suggesting indeed that the evidence presented must have been relatively clear.

It is rather striking how the band during these last 7-8 years have been involved in a number of legal battles and seemingly lost them
(Frontiers, Sony and now this).

As for Steve Porcaro's and Joe Williams' band membership status, Goings' claims are not entirely inconsistent with what's been hinted previously. Whilst Porcaro and Williams are usually mentioned as 'principal members' along with Lukather and Paich, it has been suggested that Lukather and Paich are the only 'corporate' members as such. Also, it must be remembered that Simon Phillips was clearly unhappy with the way the band was being run, citing 'change of management' as one of the reasons for his departure. In his book Lukather also alludes to changes in the band's business structure when discussing Phillips' departure (writing something to the effect that the band as per 2013 wasn't the same as Phillips had joined in 1992). Perhaps more to the point, Susan Porcaro Goings' lawsuit was filed against the Toto Corporation and the only defendants were Paich and Lukather. If Steve Porcaro and Joe Williams were corporate members, I would imagine they too, would have been listed as defendants.

Posts like Rick Goings' must always be taken with a pinch of salt, but at least some of his assertions seem legit.

[The_Noble_Cause]

I recall Steve P. also mentioning the Porcaro Bros. documentary being halted by Susan. If Luke/Paich were in any way screwing the Porcaros, I very much doubt Steve P. would be there.

[JohnH]

The Paich/Luke Corp makes sense, same as The Eagles since 1994, which was Henley/Frey. And yes, SIMON left because of it. Someone here was the first to call that the reason, way before it was published.

[Sundet]

I recall Steve P. also mentioning the Porcaro Bros. documentary being halted by Susan. If Luke/Paich were in any way screwing the Porcaros, I very much doubt Steve P. would be there.

No one's saying Lukather/Paich were screwing the Porcaros over that documentary (how could they, in any event?). But as I recall, Susan Porcaro Goings made a rather firm statement with regard to the matter and also cited the support of Mike Porcaro's estate and family for her stance. Obviously, with two of three Porcaro brothers/estates out of it, there wouldn't be much left in a Porcaro Brothers documentary and, besides, it also lends some credence to Rick Goings' assertion that Mike Porcaro and his family voiced certain concerns and may have sided with Jeff Porcaro's widow.

[RonaldDupris]

I feel the point I made above is a valid one. Why would Steve Porcaro ever agree to those kind of terms? I can understand why Luke/Paich would enforce a term like that on Joe and Simon but not Steve Porcaro, an original TOTO member who was there for the first 10 years. It simply doesn't make sense and is very hard to believe. And if that part is untrue, then what else is this guy lying about?

[JohnH]

Maybe Steve P took the gig , because the money was good , not responsible for any lawsuits or liability, since he wasn’t a corporation member. Just show up and play and no other responsibilities.

[Andrew]

This is simply unbelievable. I’ve talked to all the band. I’ve hung with them, know them, call them friends.

The band went out on tour to support Mike and his family. Where was Susan then?

This is entirely a bitter feud all about control. And Luke has had enough. I can’t blame him either, how can you fight a vindictive witch with a deep pool of money to hire the best lawyers and not care what it costs??

Really disappointed and angry that one person can derail something that millions of people love.

[JohnH]

Thanks Andrew.. it’s sad!

[WalrusOct9]

She didn’t realize that for years these men who had been Jeff’s best friends and claimed him as their “brother”, had systematically taken advantage of her trusting nature and diverted income that was rightfully Jeff’s, to their own accounts.

Why would post-1992 income be "rightfully Jeff's" if Jeff wasn't around to be involved in it?

This is different than publishing for Jeff's couple co-writing credits (one of which, obviously is "Africa") or royalties from the recordings he did with the band, which would be in the hands of BMI/ASCAP and Sony, respectively. But are they claiming Jeff's family had some kind of right to Toto's touring income till the end of time? This isn't a Steve Perry situation, this seem...kind of absurd for a deceased member. Like, I don't think Keith Moon's family gets a chunk of all the tours the Who did without him.

[Andrew]

She didn’t realize that for years these men who had been Jeff’s best friends and claimed him as their “brother”, had systematically taken advantage of her trusting nature and diverted income that was rightfully Jeff’s, to their own accounts.

Why would post-1992 income be "rightfully Jeff's" if Jeff wasn't around to be involved in it?

This is different than publishing for Jeff's couple co-writing credits (one of which, obviously is "Africa") or royalties from the recordings he did with the band, which would be in the hands of BMI/ASCAP and Sony, respectively. But are they claiming Jeff's family had some kind of right to Toto's touring income till the end of time? This isn't a Steve Perry situation, this seem...kind of absurd for a deceased member. Like, I don't think Keith Moon's family gets a chunk of all the tours the Who did without him.

EXACTLY!

[JohnH]

Looks like she pulled a Judy Van Zant. I am pretty sure Judy gets a cut of Skynyrd’s touring income. She doesn’t stop
Gary’s band because that would cut her income. I just read the excellent Fare Thee Well book for the second time. ( The Dead history 1995-present) Somehow they were able to cut Garcia’s widow out of the organization very quickly after Jerry died. This therefore avoided any meddling the way Judy and Susan have done.

[Sundet]

Why would post-1992 income be "rightfully Jeff's" if Jeff wasn't around to be involved in it?

This is different than publishing for Jeff's couple co-writing credits (one of which, obviously is "Africa") or royalties from the recordings he did with the band, which would be in the hands of BMI/ASCAP and Sony, respectively. But are they claiming Jeff's family had some kind of right to Toto's touring income till the end of time? This isn't a Steve Perry situation, this seem...kind of absurd for a deceased member. Like, I don't think Keith Moon's family gets a chunk of all the tours the Who did without him.

Fair point indeed. But as long as she (Jeff's estate) appears to have a legal share in the Toto brand, she would be entitled to a portion of the band's revenue including from tours and whatnot (fair or not).

Of course, being married to a billionaire I would also imagine she could easily have helped Mike out financially (if she were so inclined) without Paich having to resurrect Toto for that purpose.

[WalrusOct9]

Fair point indeed. But as long as she (Jeff's estate) appears to have a legal share in the Toto brand, she would be entitled to a portion of the band's revenue including from tours and whatnot (fair or not).

Of course, being married to a billionaire I would also imagine she could easily have helped Mike out financially (if she were so inclined) without Paich having to resurrect Toto for that purpose.

I suppose that's on the band for not resolving that issue decades earlier. I presume it was just out of respect, and also to support Jeff's young children. But at some point (I mean, the youngest Porcaro has to be almost 30) that is unnecessary. If she's married to a billionaire, I don't know why she's going after the band for money, other than just to be spiteful. I'd understand it more if she was struggling or if it were 15+ years ago when there were still young children to support. But in 2019? No.

But I don't understand how this stuff works...I know some bands form a separate LLC just for their touring business, which makes sense in this context, because presumably only the current participants would be partners in it, vs. the separate revenue from older recordings/legacy stuff. But I guess Toto never did that.

[Marzdog]

Not that my opinion means anything, but, let common sense take over for a minute...

Does anyone believe that Steve P. would continue on in ANY CAPACITY with the band if any of this is true?

I sat next to the ENTIRE Porcaro family at the LA show. Same row, right next to me, "hello, how are you?" next to me. Does the ENTIRE family come out to support TOTOs LAST LOS ANGELES APPEARANCE, their fucking hometown, if this is true in any way, shape or form?

Asking for a friend of course...

[RonaldDupris]

No I don't believe so, which makes me question a lot in his post.

[Ehwmatt]

A rock star and life-long musician is a little rough around the edges? So what.

This guy airing Mike's alleged private comments -- whether he uttered them or not -- is classless. Mike wouldn't want that.

From an academic perspective, I would really like to know the legal details behind Susan's rights. I'm guessing she acquired an economic (non-voting) interest in the Toto entity or entities after Jeff died and either the membership/partnership agreement didn't specify a buyout process or the guys in the band were too classy to buy her out. Now it's come back to bite them.

From a practical perspective, even if everything this dude wrote is true, it doesn't move me at all. They have zillions of dollars. Far more wealth than the Toto guys, I'm sure. The fact that they went after something to which Susan is so tenuously entitled -- legally and/or morally -- is ridiculous. Move on and get a life. They don't need the money, Jeff's kids don't need supporting anymore, etc. Just ridiculous.

[Sundet]

A rock star and life-long musician is a little rough around the edges? So what.

This guy airing Mike's alleged private comments -- whether he uttered them or not -- is classless. Mike wouldn't want that.

From an academic perspective, I would really like to know the legal details behind Susan's rights. I'm guessing she acquired an economic (non-voting) interest in the Toto entity or entities after Jeff died and either the membership/partnership agreement didn't specify a buyout process or the guys in the band were too classy to buy her out. Now it's come back to bite them.

From a practical perspective, even if everything this dude wrote is true, it doesn't move me at all. They have zillions of dollars. Far more wealth than the Toto guys, I'm sure. The fact that they went after something to which Susan is so tenuously entitled -- legally and/or morally -- is ridiculous. Move on and get a life. They don't need the money, Jeff's kids don't need supporting anymore, etc. Just ridiculous.

Well said!