Jean-Nathaniel Courtens, individually and dba Cinepro Productions v. Michael McCann, individually and dba Alter Images
Published: Apr. 10, 1999 | Result Date: Apr. 1, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC174803 Verdict – $95,477
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Glenn T. Litwak
(Law Offices of Glenn T. Litwak)
Defendant
Charles S. Doskow
(University of La Verne College of Law)
Facts
Plaintiff Jean-Nathaniel Courtens began development of his first feature length motion picture known as "Devil's Playground" (the Film) while still in film school. After he graduated, Courtens completed said film, and the same was placed in storage at Crest National Videotape and Film Laboratory (Crest) in Los Angeles. During approximately November 1995, the plaintiff contacted defendant Michael McCann of defendant Alter Image to perform negative cutting services on said film. The plaintiff and defendant entered into an oral agreement which provided that for $7,500, defendant would perform the negative cutting services and would pick up plaintiff's film elements at Crest. On Dec. 6, 1995, defendant Michael McCann went to Crest to pick up plaintiff's film. McCann signed a receipt acknowledging that the took possession of plaintiff's entire film. Upon picking up the film, defendant did not count the reels and rolls of film and simply placed them in his car and brought them to Alter Images facility. Apparently, no inventory was ever taken of the film at anytime. Approximately 2+ months after McCann received the film, he notified plaintiff that portions of the film were missing, specifically camera rolls 7, 8, 22 and 23. The defendant claimed that he believed Crest National Lab had not given him the missing rolls of film. Thereafter, the defendant searched his facility and plaintiff went to Crest and had them search their facility. Crest indicated that all of the film elements had been given to defendant, and defendant had signed the receipt. McCann told plaintiff that he had checked his entire facility and he did not have the film. After approximately five months, the plaintiff had no alternative but to reshoot the missing footage, which he did from May 10-12, 1996. On April 24, 1997, well after the reshoot, the plaintiff went back to Alter Images to pick up his "trims" and "outs," which are portions of the film that were not used in the final version of the film. Within 5-10 minutes of arriving at Alter Image, the plaintiff discovered the missing rolls of films on a shelf with his trims and outs. On Feb. 18, 1998, plaintiff Altim Corporation, dba Alter Images (Altim), was added as a doe defendant, and Altim answered the complaint. The plaintiff brought this action against the defendants based on breach of oral contract and negligence.
Result
The court found in favor of plaintiff on his causes of action for negligence and breach of contract against Altim Corporation dba Alter Image and Michael McCann, individually, and awarded damages in the sum of $95,477. The court held that Alter Image was negligent in its handling of plaintiff's film and that Alter Image made a mistake in cutting the negative. The court also held that Michael McCann was individually liable for Alter Image's breach of contract and negligence because he acted as an agent for an undisclosed principal (Altim Corporation).
Poll
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