Legal Question in Entertainment Law in California

motion picture contract

As a director of photography and co producer I was

hired by contract on a motion picture. The contract

was written on 11/01/2000 and signed by the owner on

11/29/2000 in Los Angeles. The official start date was

december of 2000.

In front of witnesses the statement by the owner was

made, that the money is in place and we should go

ahead to put this project together. .At all meetings

with other departments and vendors this individual

stated, that the budget was $ 34 million.

The Line producer arranged meetings with other film

professionals for interviews. Out of this, the owner

hired under contract the production designer, the

wardrobe person and the casting director. After the

production designer completed his design he was fired

and not paid his salary. The wardrobe person was not

paid her salary, neither their agent. Neither was the

casting director, so that he stopped his surch for talent.

There was never any money to begin with, it was pure

speculation. Under those conditions none of us would

have agreed to work on that project and commit

ourselves to it.

Is it legally worth to persue that matter ?

thanks in advance


Asked on 4/23/01, 11:59 am

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: motion picture contract

The fact that this person did not have the funds to actually perform on his part of the bargain is not your problem, unless it specifically says in your contract that it is contingent upon obtaining financing. Therefore, you might have a case. Whether you want to pursue this is another matter which is not so easy to address.

There are a number of factors to consider in deciding whether to litigate, many of which are personal and specific to the circumstances (such as, does this person have any assets to pay a judgment?). If you would like to discuss this with me in person, I would be happy to look at the document(s) and give you my impression. The initial half-hour consultation would be at no charge-that should be enough for me to assess whether you have a case and how you might pursue it. My office number is (323)653-6580 in Los Angeles.

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Answered on 6/19/01, 6:54 pm


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