Facts

Eric Ryder sued Lightstorm Entertainment Inc. (LEI) and director James Cameron for breach of fiduciary duty, breach of expressed contract, breach of implied contract, promissory fraud, fraud and deceit, and negligent misrepresentation in connection with the movie "Avatar."

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he and the producer of "Avatar," LEI, entered into an agreement for a motion picture development based on his story, "KRZ 2068." Plaintiff provided LEI with his science fiction story, 3-D renderings, imagery, character, and scene development and other production ideas. Two years later, LEI informed him that it could not make the KRZ movie.

Then, in mid-December 2009, LEI released and distributed the 3-D movie, "Avatar." Plaintiff claimed that the movie substantially used materials that fell within his agreement with LEI. Plaintiff asked LEI to give him production credits and compensation, but it refused, thereby prompting this lawsuit. Plaintiff maintained that "Avatar" contained substantial similarities to KRZ, which he claimed couldn't be attributed to mere coincidence.

DEFENDANTS' CONTENTIONS:
Defendant Cameron contended he had completed and circulated a detailed treatment or "scriptment" for "Avatar" no later than 1996, many years before KRZ was ever submitted to LEI. Defendant also contended that Ryder identified only 12 elements that he contended were similar in "Avatar" and KRZ. Defendants claimed that the 12 elements were too generic, trivial and commonplace to support a finding of substantial similarity, and, moreover, they were not similarly depicted in "Avatar" and KRZ.

Defendant argued that Ryder's claims were barred by Cameron's independent creation of "Avatar," including the 12 elements and those images Ryder contended were taken from KRZ. Furthermore, defendants contended that Ryder and LEI never entered into a joint venture or express contract. As to Ryder's fraud claims, defendants asserted that Ryder could not establish any of the required elements.

Result

Los Angeles Superior Court Judge Susan Bryant-Deason granted defendant's motion for summary judgment, and dismissed Ryder's suit in its entirety.

Other Information

Plaintiff has filed a Verified Statement of Objection to Judge Susan Bryant-Deason pursuant to CCP § 170.3(c). In his verified statement of objection, plaintiff contends that the judge's husband appears to be, Paul Deason, and appears to be a high level executive with Twentieth Century Fox, that Fox is producer, distributor and investor in the Avatar franchise and has participated in the lawsuit in the manner of a real party in interest, and that Paul Deason's relationship with Fox has required disqualification of Judge Bryant-Deason from presiding in the lawsuit. Plaintiff's verified statement of objection is pending a determination. FILING DATE: Dec. 8, 2011.