This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Fraud, Specific Restitution

Oksana Baiul-Farina, professionally known as Oksana Baiul v. Sonar Entertainment Inc., successor in interest to RHI Entertainment Inc.; Crown Media Holdings Inc., dba Hallmark Channels, and Does 1 to 10, inclusive

Published: Dec. 24, 2016 | Result Date: Oct. 21, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC586048 Summary Judgment –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Usman Shaikh
(U.S. Law Group)


Defendant

Dennis O. Cohen

Andrew M. White
(Kelley Drye & Warren LLP)

Andreas Becker

David E. Jang
(Kelley Drye & Warren LLP)

Teresa C. Chow
(Baker & Hostetler LLP)


Facts

Oksana Baiul-Farina, professionally known as Oksana Baiul, sued Sonar Entertainment Inc., successor in interest to RHI Entertainment Inc. and Crown Media Holdings Inc. dba Hallmark Channels, involving a contractual dispute.

Contentions

PLAINTIFF'S CONTENTIONS:
In 1994, Sonar's predecessor, RHI, produced a made-for-television biopic based on plaintiff's life story, entitled "A Promise Kept: The Oksana Baiul Story." Plaintiff allegedly entered into an agreement with RHI that entitled her to 30 percent of the film's revenue, after deducting certain costs. Crown Media purportedly assumed the obligations under that agreement. Plaintiff claimed that she was never paid by defendants. Plaintiff filed a complaint seeking damages, including punitive damages, based on claims for breach of contract, fraud, specific restitution and accounting.

DEFENDANTS' CONTENTIONS:
Defendants filed motions for summary judgment, arguing that plaintiff had failed to provide any evidence that she had standing to enforce the agreement with RHI as either a party or a third-party beneficiary to agreement. Additionally, defendants sought to classify plaintiff as a vexatious litigant based on the numerous other similar lawsuits she had filed against them and other defendants.

Result

The court declined to declare Baiul a vexatious litigant. Nevertheless, the court entered judgment in favor of defendants.

Other Information

FILING DATE: June 25, 2015.


#85046

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390