Fund-Raisers Seek to Settle Suit Against Elusive Probst

THOUSAND OAKS — Attorneys for the fund-raising arm of the Civic Arts Plaza are pushing forward in their attempts to settle a lawsuit against reclusive millionaire Charles E. Probst for allegedly reneging on his $2-million pledge.

The Alliance for the Arts sued Probst in January and its attorneys, despite being unable to personally contact him, are scheduled to meet his representatives for a settlement conference this month.

Neither side would comment last week on negotiations, but court documents indicate that both parties are working on a compromise to avoid trial.

The documents also show that, despite 19 attempts in January and February, process servers for the alliance were unable to directly serve Probst with the lawsuit.

Instead, they served a man claiming to be Probst’s son as he was leaving Probst’s $8-million hilltop mansion in Thousand Oaks’ exclusive North Ranch neighborhood.

Patricia Eisele Moore, the alliance’s new executive director, declined to comment on the suit. Probst did not return phone calls.

Other than assuming that he is a man of great wealth, no one in Thousand Oaks seems to know much else about Probst, 52. He is an intensely private person who once failed to show up for his own press conference.

In 1994, when Probst offered to donate $2 million to the Civic Arts Plaza over five years, the alliance agreed to name the complex’s main theater the Charles E. Probst Center for the Performing Arts as part of the deal. He was to be the alliance’s largest donor.

That’s where the alliance’s troubles began. Probst’s only payment toward his pledge was the initial $250,000 in fall of 1994, according to Daniel Grunfeld, with the Los Angeles law firm representing the alliance.

When Probst failed to pay two $175,000 installments due last year, Grunfeld said the alliance had no recourse but to sue him.

But taking Probst to court--or, more to the point, informing Probst that he was being taken to court--has turned out to be quite a challenge.

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Between Jan. 22 and Feb. 22, Grunfeld’s law firm hired numerous people to try to serve Probst with the suit. Despite trying 18 times, morning, midday and night, they were never able to spot Probst--or even get a response on his intercom, according to court records.

Finally, on the 19th try, they served a man claiming to be Probst’s son as he was leaving the Probst mansion, court records say.

But Probst’s attorney, Paul Stansen, contends in court records that his client was never properly served as required by law. He has reserved the right to contest the matter if settlement negotiations break down, those documents say.

Both sides have been trying to negotiate a settlement for at least a month, according to the court records. They will meet for a conference June 20 in Simi Valley Municipal Court, hoping to come to an agreement and dismiss the suit. The conference has been continued twice since early May, and Superior Court Judge Jeanne A. Flaherty stated after the last continuance May 29 that she would not grant another.

Mayor Andy Fox said he hopes the alliance and Probst can agree on a settlement soon. But it had better be a good settlement for the alliance, he said, otherwise there are going to be a lot of angry people in Thousand Oaks.

“This is a city building, and this guy’s name is still on it,” Fox said. “We may not be involved in the lawsuit, but the city is absolutely interested in this. We are extremely concerned about this situation.”

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Alliance officials have said that, until their legal fight with Probst is over, they will honor their end of the agreement and keep his name firmly emblazoned in gold letters across the front of the larger theater at Civic Arts Plaza.

A private, nonprofit group, the alliance has pledged to raise $15 million by 1998 to support the performing arts at Civic Arts Plaza. So far, it has raised more than $10.8 million toward that goal, including the Probst donation.

One way or another, either through a settlement or court ruling, Councilwoman Elois Zeanah said the Probst dispute needs to be laid to rest.

“Residents call me and say, ‘When is Probst’s name going to be taken off that building?’ ” Zeanah said. “People have not forgotten about this. They want to see this resolved.”