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Entertainment Law
Breach of Contract
Live Theatrical Performance

Maximilian Schell v. Wolfgang Bocksch Concerts

Published: Aug. 10, 1996 | Result Date: May 20, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC113038 –  $408,261

Judge

Joseph R. Kalin

Court

L.A. Superior Central


Attorneys

Plaintiff

Mark E. Kalmansohn

Edwin F. McPherson
(McPherson LLP)


Defendant

Michael M. Berger
(Manatt, Phelps & Phillips LLP )


Facts

In March 29, 1994, the plaintiff, Maximilian Schell, a well-known Academy Award-winning actor, entered into a written contract with the defendant, Wolfgang Bocksch Concerts, a German event promoter, whereby the plaintiff was to perform as Henry Higgins in a stage version of "My Fair Lady" in Europe. The production was to run from April 1, 1994 through Sept. 4, 1994, with an option of a two-week extension of the run. The plaintiff had a "pay or play" contract, whereby the plaintiff was commited to perform for the term of the contract and the defendant was obligated to pay the plaintiff for the length of the contract, regardless of whether or not the defendant decided to cancel the play. The defendant prematurely canceled the play, posting a notice at the theatre. The last performance was on July 31, 1994. After cancellation, the defendant failed to pay the plaintiff. The plaintiff brought this action against the defendant Wolfgang Bocksch Concerts based on breach of contract, money had and received and open book account theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $250,000. The defendant made a settlement offer of $50,000 and a commitment to reschedule five performances for another time.

Damages

The plaintiff claimed $300,000 in damages.

Other Information

The judgment was reached approximately one year and eight months after the case was filed.

Length

8 days


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