The remake of "Miracle on 34th Street" - the story of a Santa Claus being dragged into court - is due to hit movie theaters next month.

But Deer Valley bosses couldn't wait.They have filed their own lawsuit against Santa Claus in 3rd Circuit Court, demanding the jolly old gent pay the resort $10,270.80 - the cost of his lodging while he entertained Deer Valley guests for 34 days in 1992.

The lodge sued Santa Claus after he filed a claim against the resort for $6,732 - the fee for his Santa Claus services during that time.

On the court docket, the case reads "The Resort Group, d.b.a. Deer Valley Lodging vs. Santa Claus."

And when Santa walks into court, he will sport the twinkling eyes, lined face and wealth of white hair children have expected of their Saint Nicks through the centuries.

He will likely wear red, since that's all this Santa has in his closet. His beard will fall to his chest and his glasses will slide down his nose.

The only things missing will be Rudolph and the elves.

The man Deer Valley is suing has made a life out of being Santa Claus 365 days a year since he retired from his government contracting job in 1982.

"When I was a kid, about four or five years old, I saw an old guy with a beard and a red suit. I fell in love with him. He was my idol. He told me some day I could be Santa Claus, too," Santa told the Deseret News.

Born Eugene Holley, he had his name legally changed to Santa Claus in 1982, he says. It's the name on his driver's license, his passport and his MasterCard.

He lives in Florida, but his mailing address is P.O. Box 1616, North Pole 90505.

For a time, he lived in Sandy, Utah.

Wherever he lives, he receives almost half a million letters from hopeful youngsters each year, he said. He answers thousands of them, trying to reply to all those that come with return addresses.

Sometimes he tries to earn back his postage stamp money by hiring out as Santa Claus for the holidays.

He has brought holiday cheer and Christmas candy to children as far away as Australia.

In 1985, a representative of Deer Valley resort contacted him in Los Angeles and asked him to be Santa at the resort for several days during the holidays.

"They sent me an airline ticket, gave me a four-bedroom condo, stocked the kitchen with food and provided me with an escort to take me around to the places I was supposed to be," he remembers.

The resort also paid him $2,300 for his three days of work, he said.

Deer Valley president Barbara Zimonja called him a few years later and asked him to come back, he said. But he was spreading cheer in Australia when she called and didn't get the message until after the holidays.

So the following year, he contacted her. She asked him to come to Deer Valley, he said.

The resort sent Santa a confirmation on Nov. 4 for reservations at the Plaza Hotel Nov. 19 through Dec. 23. Santa still has the notice.

"It just said no charge per night. The total was zero. The lodging tax was zero. The whole amount was $0.00," he said.

Santa believed what the confirmation notice said. He also believed he was going to be paid $200 a day for his work during the 34 days.

Perri Ann Babalis, attorney for Deer Valley Resort, tells a different story.

"He wanted a job from us. We said no. He just kind of hung around and finally we said since you are here, we will let you stay at Deer Valley at no charge if you provide Santa Claus services to our guests," she said.

The problem: No one got the agreement in writing. Why not? "I don't know," Babalis said. "You'd have to ask Barbara."

Santa said he didn't get a contract because he'd never needed one before. Resorts and hotels always provided accommodations then paid his fee on top of that, he said.

Deer Valley sent an itinerary to his room every morning, he said. He went from hotel to hotel to business, dispensing hugs, candy and his rapt attention to guests' children.

When the 23rd came around, Zimonja asked him to stay through the 26th, he said. He canceled a previous commitment in Florida for those three days and stayed.

"They moved me up to the Stag Lodge on the evening of the 23rd. They gave me a very nice condo. They just asked me to make some parties, walk around town, meet people and give out candies and cards."

Deer Valley later billed him $1,700 for the three nights at Stag Lodge, he said.

On Dec. 26, just before he left, he stopped by Zimonja's office to see about being paid. She wasn't there.

He called her several times in January. His calls weren't returned, he said.

"So I made up a bill and sent it to her."

That's when things turned ugly. "Barbara called me. She said I was a crook, a con artist and everything else. She said she didn't need a Santa Claus and never would need a Santa Claus."

Babalis acknowledged that Deer Valley paid Santa Claus for his services the first time. "There was an agreement to that at one time, but not this past year," she said.

Zimonja sent Santa a letter agreeing to pay the $6,732, but billing him $10,270 for his stay at Deer Valley.

"She keeps sending me a bill every month. Then she adds 1.5 percent interest each month. No way I can ever pay it," he said.

Deer Valley ignored his bill, too. "So I decided to take her to small claims court. I understood if they didn't show up that they would be liable or something. But she sent a lawyer. He said they were going to sue me for $10,000. Some guy rushed in then and he served me."

Deer Valley had the suit in small claims court dismissed and filed their own lawsuit in 3rd Circuit Court.

"It was more as a courtesy that we filed first," Babalis said. The resort expected Santa to file a counterclaim. Santa's attorney, Stanford Neilsen, has done just that.

A trial date has not been set in the case.

"We will drop our lawsuit if he will drop his," Babalis said.

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But to Santa, it is a point of pride and the need to earn a living.

A story on Santa Claus in the July 10, 1994, edition of The Orlando Sentinel details his year-round duties, including buying food for needy families and providing treats for his constant stream of young visitors.

A large chunk of Santa's retirement income is spent on postage stamps, the story said. It ends with a request that Sentinel readers donate any postage stamps they can to Santa and includes an address where they can be sent.

If Deer Valley doesn't want to pay Santa's bill, would it be interested in a hefty postage stamp donation?

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