Facts

In February 2011, Rick Appling made a deal with the daughter of Sammy Davis Jr., Tracey Davis. Plaintiff claims the deal granted him certain rights to produce a movie based on Sammy Davis, Jr.'s life story. In December 2011, Entertainment Studios, Inc.'s issued a press release announcing that it had entered into an agreement with Tracey Davis and that it was planning on developing a Sammy Davis, Jr. biopic for film and for the stage.

Plaintiff claimed that defendants' press release interfered with his relationships with potential co-production partners. Appling sued defendants claiming tortious interference with contract, tortious interference with prospective contractual relations and intentional interference with prospective economic advantage.

PLAINTIFF'S CONTENTIONS:
Appling alleged Tracey Davis had agreed to assign him the rights to make the movie, but that defendants interfered with the agreement with Allen's announcement regarding a similar project. Plaintiff argued that he had acquired rights to two books, "Sammy Davis Jr.: My Father" and "Yes I Can: Sammy Davis Jr.," as well as the right to Tracy's participation in developing the film. Further, Appling claimed that he paid to have story rights tor three years, and received the help of other companies to create the project.

DEFENDANT'S CONTENTIONS:
Defendants argued that plaintiff's purported agreement with Tracy Davis conveyed only the copyrightable material in two books about Sammy Davis, Jr. Plaintiff did not have the exclusive rights to Sammy Davis, Jr.'s name, likeness, and life story.

Damages

Plaintiff sought $35 million in damages.

Result

The Court granted defendants' anti-SLAPP motion with respect to plaintiff's claims for tortious interference with contract and for declaratory relief and sustained a demurrer to plaintiff's remaining claims without leave to amend. The case was dismissed in its entirety.

Other Information

FILING DATE: Sept. 14, 2012.