Morgan Creek Productions Inc. v. Franchise Entertainment, et al.
Published: Dec. 30, 2003 | Result Date: Nov. 18, 2003 | Filing Date: Jan. 1, 1900 |Case number: 280023 Verdict – $1,907,990
Judge
Court
L.A. Superior
Attorneys
Plaintiff
Jeffrey K. Riffer
(Elkins, Kalt, Weintraub, Reuben & Gartside LLP)
Defendant
Experts
Plaintiff
Elaine Douglas
(technical)
Defendant
Franklin R. Johnson
(technical)
Facts
The parties entered into two contracts that were at issue. The first was a 1998 distribution agreement by which the plaintiff, Morgan Creek Productions Inc., agreed to distribute eight Franchise motion pictures which included "The Whole Nine Yards" and "Art of War." Pursuant to that agreement, Franchise was obligated to pay Morgan Creek participation sums. The second agreement was a handwritten settlement agreement entered into at a December 2001 settlement conference in connection with other litigation. Pursuant to the settlement agreement, Morgan Creek paid $2 million to Franchise and, in return, Franchise guaranteed that it would repay that amount out of revenues of motion pictures. At the time of the trial, Franchise had not repaid the $2 million nor provided a revenue source.
Result
A special verdict in favor of the plaintiff on breach of implied covenant and fair dealing and breach of contract. A special verdict in favor of defendants on all six fraud counts and breach of contract counts regarding the December 2001 settlement agreement.
Deliberation
two days
Length
two weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390