Locke V. Warner Bros Inc. Case Brief

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Locke v. Warner Bros, Inc. California Court of Appeal 57 Cal. App. 4th 354, 66 Cal. Rptr. 2d 921 (1997), review denied Procedural History • Trial court grants summary judgment in favor of ∆ Background Facts • 1975 – Locke came to Warner to appear with Clint Eastwood in a movie. • During the filming of this movie they began a personal and romantic relationship. • For the next dozen years they lived in Eastwood’s homes (in California). • 1989 – Locke and Eastwood’s relationship ends. Legally Significant Facts • When the relationship ends Locke brings suit against Eastwood, alleging numerous causes of action. • November 21, 1990 – action resolved and there is a settlement agreement and mutual general release. • Under this agreement, Eastwood agreed to…show more content…
• November 27, 1990 – Locke enters into a written agreement with Warner. • The agreement had two components: 1. Locke would receive $250,000 per year for three years for a “non-exclusive first look deal.” It required Locke to submit to Warner any picture she was interested in developing before submitting it to any other studio. 2. $750,000 “pay or play” directing deal. It can either “play” the director by using the director’s services or pay the director his or her fee. • Locke did not know that Eastwood had agreed to reimburse Warner for the cost of her contract if she did not succeed in getting projects produced or developed. • Early in the second year of the three-year contract, Warner charged $975,000 on an Eastwood film. • Warner paid Locke $1.5 million under the agreement. • Warner did not develop any of Locke’s proposed projects or hire her to direct any films. • Locke contends that the deal was a sham and that Warner never intended to make any films with her and that their sole motivation in entering into the agreement was to assist Eastwood in settling his litigation with

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