Hubers File Wrongful-Death Suit : Litigation: Victim’s family takes the action to prevent John Famalaro from profiting from any book or movie deal.

In an effort to keep the man accused of bludgeoning their daughter to death from profiting from the case, the parents of Denise Huber have filed a wrongful-death suit seeking unspecified damages.

Dennis and Ione Huber filed the suit Wednesday in Orange County Superior Court against John Famalaro, 38, a former Orange County painter who is accused of raping and killing the 23-year-old Newport Beach woman and storing her handcuffed body in a freezer outside his Prescott, Ariz., home.

The Hubers’ attorney, Kevin F. Calcagnie, said they filed the suit because of worries that Famalaro might make money from their daughter’s death through a book or movie deal about the notorious case.

Calcagnie said that as far as he knows, Famalaro has not tried to sign a book or movie contract. But authorities have said that Famalaro has thoroughly documented his life. Some of that documentation was contained in 65 boxes of evidence that were seized at his home, authorities have said.

Although the suit cannot prevent Famalaro from making such a deal, it would allow the Huber family to lay claim to his assets, Calcagnie said. A judgment against Famalaro could put a serious dent in, or possibly take away, any profits he might make, the attorney said.

“But the motivation is not money,” Calcagnie said. “The motivation is that they’ve suffered enough and they’re going to make sure this man is not going to profit in any way from that suffering. Or it may deter him from trying to make such a deal.”

Famalaro’s attorney, public defender Leonard Gumlia, could not be reached for comment.

Denise Huber disappeared in June, 1991, after her car broke down along the Corona del Mar Freeway, a short distance from her Newport Beach home. Her naked body--duct tape covering her mouth and eyes--was found in Arizona in Famalaro’s freezer in July, 1994.

Famalaro has been charged with murder, kidnaping and sexual assault and could face a death sentence if convicted. His trial is scheduled to begin April 29, 1996.