Benjamin J. Stein v. Kyocera Mita America Inc., et al.
Published: Aug. 11, 2012 | Result Date: Jun. 6, 2012 | Filing Date: Jan. 1, 1900 |Case number: BC476821 Bench Decision – Dismissal in part
Facts
Benjamin J. Stein sued Kyocera Mita America Inc. involving a contract dispute following the company's decision to drop its plans to make Stein its spokesman for a series of ads. Stein claimed that the $300,000 deal was dropped due to his controversial views on global warming. He further claimed that the case arose from freedom of speech, religion, and political freedom issues. Kyocera brought an anti-SLAPP motion.
Injuries
Breach of a $300,000 contract and emotional distress.
Result
California Superior Court Judge Joseph R. Kalin dismissed eight of Stein's nine claims. Judge Kalin ruled that Kyocera had the constitutional right not to be associated with Stein whose views on global warming as being an act of God differed from that which Kyocera wished to espouse. The company claimed that global warming was man-made. The judge also found that there was insufficient evidence that the parties entered into an agreement thereby rendering the breach of contract claim moot. The parties thereafter entered into a confidential settlement.
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