Procedural PostureUncategorized May 20, 2021, Comments Off
Appellants, an individual and a film distribution corporation, sought review of decision by the Superior Court of Los Angeles County (California), which granted judgment and attorney fees in favor of respondent film producer in a contract dispute.
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Respondent film producer and appellants, an individual and a film distribution corporation, alleged two different versions of a contract regarding the time period for payment of a minimum guarantee of monies. The trial court found the contract introduced by appellants was the one binding the parties but issued declaratory relief for respondent declaring the amount due on the minimum guarantee and a time limitation on payment. The court modified the trial court’s judgment to evidence that there was no personal judgment against appellant individual and otherwise affirmed. The court held that the trial court properly granted declaratory relief in favor of respondent because appellants were not prejudiced by the use of their version of the contract as the basis for findings in favor of respondent. The court found no error in the amount of the judgment because appellants failed to establish the expenses it sought to offset against the minimum guarantee and there was no testimony regarding the amount of expenses that should have been offset. Trial court’s determination of time for payment was supported by substantial evidence and award of attorney fees was within its discretion.
The court affirmed the judgment against appellants, an individual and a film distribution corporation, because appellants were not prejudiced by the use of their version of the contract as the basis for judgment in favor of respondent film producer. The court modified the trial court’s judgment to evidence that there was no basis for personal judgment against appellant individual.