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Employment Law
Breach of Contract
Oral Agreement

Hoffman v. Harmony Pictures, Harmony Holdings

Published: Oct. 11, 2001 | Result Date: Jul. 24, 2001 | Filing Date: Jan. 1, 1900 |

Case number: BC176632 Bench Decision –  $309,637

Judge

J. Stephen Czuleger

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert S. Scuderi
(Law Office of Robert S. Scuderi)


Defendant

Linda T. Pierce


Facts

In January 1994, the plaintiff and defendant, Harmony Pictures entered into an oral contract whereby they agreed
that the terms of the expired written contract that was entered into the year before would continue indefinitely.
One of the provisions of the written contract required the defendant to give the plaintiff thirty days notice prior
to terminating plaintiffÆs employment and give plaintiff that time to cure any breach, and, if done, the notice
would be deemed rescinded.

On Aug. 5, 1997, the defendant fired the plaintiff without prior written notice or a chance
to cure any alleged deficiencies in his performance.

Settlement Discussions

The plaintiff made a demand for $300,000 and the defendants offered $7,500.

Other Information

On Oct. 26, 1999, the Hon. Richard C. Hubbell granted the defendantsÆ motion for summary judgment. The Court of Appeal reversed and remanded the case for trial. The trial court found that an oral contract existed, a breach occurred and there was an alter-ego relationship between the defendants.


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