Justia California Court of Appeals Opinion SummariesArticles Posted in Entertainment & Sports Law
LeBrun v. CBS Studios Inc.
In 2017, a scene depicting an armed robbery of a jewelry store was filmed in New Orleans for the CBS television show, NCIS: New Orleans. No permits were obtained for the filming and police were not informed. A neighbor, thinking the robbery was real, called 911. The plaintiffs, all Louisiana residents, were arrested by responding officers and later released. They sought to recover damages in California from CBS, based upon fraudulent representations and/or omissions that were made to them in Louisiana, and that caused them harm in Louisana.The court of appeal affirmed the dismissal of the suit. Code of Civil Procedure section 361 provides that “[w]hen a cause of action has arisen in another State, . . . and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State.” The one-year Louisiana statute of limitations expired before the filing of the action. The court rejected arguments that the causes of action arose in California because the fraud committed in Louisiana allegedly was ratified by CBS’s conduct in California. The plaintiffs cannot state a valid claim for unjust enrichment. View "LeBrun v. CBS Studios Inc." on Justia Law
Belen v. Ryan Seacrest Productions, LLC
Plaintiff filed suit against a reality show's production and media companies for various causes of action after discovering she was filmed while changing clothes in a dressing area designated for models, and that her "nearly fully nude body had been exposed on national television" during the airing of the show. Defendant production and media companies filed a special motion to strike the model's complaint as a strategic lawsuit against public participation under the anti-SLAPP statute, Code of Civil Procedure section 425.16.The Court of Appeal concluded that plaintiff's claims arise from the production and broadcast of an episode of "Shahs of Sunset," which is protected activity. In this case, the court agreed with defendants' assertion that the footage at issue is relevant to the storyline of the episode and that the experience of being a model is an issue of public interest. However, the court concluded that plaintiff has shown a probability of success on her causes of action for invasion of privacy; tortious misappropriation of name or likeness; intentional infliction of emotional distress; and negligence. Accordingly, the court affirmed the trial court's order denying defendants' special motion to strike the complaint, as modified: the separate cause of action for negligent infliction of emotional distress is stricken from the complaint, as it is part and parcel of the negligence cause of action. View "Belen v. Ryan Seacrest Productions, LLC" on Justia Law
Szarowicz v. Birenbaum
Szarowicz and Birenbaum played on opposing recreational ice hockey teams in a no-check league. When the puck was hit laterally toward the players’ bench. Szarowicz followed the puck; Birenbaum, who was defending the goal, took several strides parallel to the side of the rink along the players’ bench. The puck ricocheted off the board. Szarowicz intended to slap toward the goal so that his offensive teammate could shoot. Birenbaum collided with him, propelling him into the air, causing him to fall to the ice. Szarowicz was briefly knocked unconscious. He left the ice with assistance and was taken to the hospital. He suffered extensive injuries, including six broken ribs, a dislocated shoulder with three fractured bones, a torn rotator cuff, a fractured sternum, a fractured scapula, and a collapsed lung.Szarowicz sued Birenbaum for negligence and intentional tort. The trial court granted Birenbaum summary judgment, concluding checking is an inherent risk of the game and the assumption of risk doctrine barred Szarowicz from recovering damages. The court of appeal reversed. Summary judgment was inappropriate; a triable issue of material fact exists as to whether Birenbaum breached a limited duty of care owed to Szarowicz not to increase the risks to him beyond those inherent in the game. Szarowicz also raised triable issues of material fact as to his intentional tort claim and his prayer for punitive damages. View "Szarowicz v. Birenbaum" on Justia Law
Prickett v. Bonnier Corp.
This case arose from a movie-making accident. After her father was injured diving in French Polynesia, Mira Chloe Prickett sued Bonnier Corporation and World Publications, LLC (collectively Bonnier) for compensatory and punitive damages under general maritime law. The trial court granted a judgment on the pleadings against her on the grounds that neither compensatory damages for loss of her father’s society nor punitive damages were available under general maritime law. Appellant Prickett did not cite on appeal any admiralty authority that would allow a child to recover loss of society damages for a nonfatal injury to a non-seaman on the high seas, and – without legislative impetus or compelling logic for such a result – the Court of Appeal declined to do so. The trial court's judgment was affirmed. View "Prickett v. Bonnier Corp." on Justia Law
Fipke v. California Horse Racing Board
Charles Fipke, owner of a racehorse that won the 2017 Breeders' Cup Distaff race, initially named real party in interest Joel Rosario as the jockey for the race, but prior to the draw, he removed Rosario and named a different jockey. The race stewards then awarded Rosario a "double jockey fee," which entitled him to the same fee earned by the jockey who replaced him. Fipke challenged the decision, but it was upheld by the California Horse Racing Board and the superior court.The Court of Appeal reversed and held that Business and Professions Code section 19500 prohibits stewards from awarding a double jockey fee to a rider, like Rosario, who is removed from a mount prior to the draw. In this case, it is undisputed that Rosario was removed from his mount prior to the draw, which necessarily means he was removed prior to "scratch time." The court explained that, under section 19500, he was not entitled to a "riding fee" but was, at most, entitled to a "mount fee." The court also concluded that the double jockey fee award is not a fine or monetary penalty and the stewards did not have authority to impose a double jockey fee as a novel form of punishment. View "Fipke v. California Horse Racing Board" on Justia Law
Posted in: Entertainment & Sports Law
Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc.
In an antitrust dispute involving the licensing of motion pictures to movie theaters for public exhibition, Flagship obtained a jury verdict against Century. The jury found true Flagship's allegations that Century had engaged in a practice known as "circuit dealing" by entering into licensing agreements with film distributors that covered licenses to play films not just at The River, a theater located two miles away from the Palme d'Or, but at multiple other Century-owned theaters as well, and using these agreements to pressure distributors into refusing to license films to the Palme d'Or.The Court of Appeal held that a Cartwright Act plaintiff asserting a non-monopoly circuit-dealing claim must prove not only that a theater-circuit owner entered into film licensing agreements covering more than one of its theaters, but that such agreements caused net harm to competition, as determined by the balancing of anti and procompetitive effects under the rule of reason. In this case, the court held that substantial evidence does not support the jury's finding of anticompetitive effects in the relevant market. Furthermore, this failure of proof warrants reversal, as circuit dealing based on multi-theater licensing agreements is not per se illegal under the Cartwright Act. The court reversed the judgment and concluded that it need not address Century's remaining arguments, as well as Flagship's separate appeal challenging the amount of attorney fees awarded. View "Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc." on Justia Law
Moritz v. Universal City Studios LLC
The lawsuit underlying this appeal involves a "spin-off" of the Fast & Furious franchise, a project ultimately released as Fast & Furious Presents: Hobbs & Shaw (the film), on which Moritz allegedly worked as a producer pursuant to an oral agreement with Universal. After Moritz filed suit for breach of a binding oral agreement regarding Moritz's work on the film, appellants moved to compel arbitration based on arbitration agreements in the written producer contracts regarding Moritz's work for Universal on the Fast & Furious franchise.The Court of Appeal affirmed the trial court's denial of appellants' motion to arbitrate, holding that the arbitration agreements from the Fast & Furious movies did not apply to the Hobbs & Shaw spin-off dispute. The court stated that not only is it not clear and unmistakable here that the parties agreed to delegate arbitrability questions concerning Hobbs & Shaw to an arbitrator, no reasonable person in their position would have understood the arbitration provisions in the Fast & Furious contracts to require arbitration of any future claim of whatever nature or type, no matter how unrelated to the agreements nor how distant in the future the claim arose. The court explained that the Federal Arbitration Act (FAA) requires no enforcement of an arbitration provision with respect to disputes unrelated to the contract in which the provision appears. In this case, appellants' argument that an arbitration provision creates a perpetual obligation to arbitrate any conceivable claim that Moritz might ever have against them is plainly inconsistent with the FAA's explicit relatedness requirement. View "Moritz v. Universal City Studios LLC" on Justia Law
Hanna v. Little League Baseball
Plaintiff Michael Hanna was declared to be a vexatious litigant under several subparts of the California Code of Civil Procedure section 391(b). As a result, and the trial court's determination that Hanna was not reasonably likely to succeed on the merits of this action, Hanna was ordered to furnish a $100,000 security bond. The trial court also imposed a prefiling restriction on Hanna in future litigation, requiring Hanna to seek permission from the presiding justice or presiding judge of the court if he brought a civil action as a pro se litigant. The underlying dispute arose from a 2017 complaint Hanna filed against Little League Baseball, Inc., alleging trade libel and unfair and fraudulent business practices. Hanna alleged he was the president of a youth sports organization known as Team Hemet Baseball and Softball (Team Hemet), and in that capacity, he “executed an agreement” with Little League “for the individual ‘. . . right to conduct a baseball and softball program under the name “Little League”’” for one year. In July 2017, Little League “purportedly” placed Team Hemet on a regional hold, which “prevent[ed] any operations by [Team Hemet] until satisfied.” Hanna alleged that Little League “ha[d] improperly obtained money from [Hanna], and continue[d] to improperly obtain money from the general public.” The trial court dismissed the trade libel claim on demurrer. Little League moved for an order finding Hanna to be a vexatious litigant and requiring him to furnish security, and requested the court judicially notice 14 different civil actions filed from 2009 through 2018 involving Hanna as a pro se plaintiff and a defendant. Hanna challenged the vexatious litigant determination and the determination that he was not likely to succeed on the merits of the action. Hanna further contends that the trial court lacked authority to rule on discovery motions and to impose discovery sanctions after the filing of the motion under section 391.1 to declare Hanna a vexatious litigant and to have him furnish security. The Court of Appeal affirmed the prefiling restriction placed on Hanna’s filing of future actions as a pro se litigant. In the published portion of its opinion, the Court agreed the trial court was without authority to rule on the discovery motions or to impose sanctions. "Under the plain language of section 391.6, all further proceedings in the action should have been stayed once the vexatious litigant motion under section 391.1 was filed." The Court therefore reversed the orders imposing discovery sanctions. Judgment was affirmed in all other respects. View "Hanna v. Little League Baseball" on Justia Law
Oakland-Alameda County Coliseum Authority v. Golden State Warriors, LLC
Since 1986, the GSW NBA basketball team has played their home games at the Authority's Oakland arena. A 1996 License Agreement gave GSW certain obligations to pay the debt incurred in renovating the arena if GSW “terminates” the agreement. In 2012, GSW announced its intention to construct a new arena in San Francisco. GSW did not exercise the renewal option in the Agreement, and, on June 30, 2017, its initial term expired. GSW initiated arbitration proceedings, seeking a declaration that it was no longer obliged to make debt payments if it allowed the License Agreement to expire rather than terminating it.The arbitrator ruled in favor of the Authority and against GSW, awarding the Authority attorney fees. The court of appeal affirmed. Based on extrinsic evidence, the arbitrator found the parties intended to adhere to the terms of a pre-agreement Memorandum of Understanding, which required the team to continue making debt payments after the initial term. The 1996 License Agreement is reasonably susceptible to the parties’ competing interpretations, so parol evidence was admissible to prove what the parties intended. Even assuming that the arbitrator addressed a question of law when she interpreted the Agreement, the parties intended to include a termination of the agreement upon GSW’s failure to exercise the first two options to renew. View "Oakland-Alameda County Coliseum Authority v. Golden State Warriors, LLC" on Justia Law
Sharufa v. Festival Fun Parks, LLC
While going down Festival’s waterslide, Sharufa inadvertently slipped from a seated position on an inner tube onto his stomach. When he entered the pool below, his feet hit the bottom with enough force to fracture his hip and pelvis. Sharufa sued for negligence, product liability (including breach of express and implied warranties), and negligent misrepresentation. Sharufa’s opposition to a summary judgment motion included a mechanical engineer's opinion that going down the slide on one’s stomach could lead to injury because it would cause a person to enter the water with more velocity than sliding on one’s back. The court found that the engineer did not qualify as an expert on the relevant subject matter and granted Festival summary adjudication on all but the negligent misrepresentation claim. Sharufa dismissed that claim without prejudice to allow an appeal. The court of appeal affirmed as to Sharufa’s negligence cause of action, Festival owes a heightened duty of care as a common carrier; but there was no evidence of breach. The court reversed as to Sharufa’s products liability causes of action; the record is insufficient to show the park provided primarily a service rather than use of a product. The purpose of riding a waterslide is “entertainment and amusement,” but where a product is intended for entertainment, to allow a supplier to be characterized as an “amusement service” provider would risk weakening product liability protections for consumers. View "Sharufa v. Festival Fun Parks, LLC" on Justia Law