Winston

Winston v. National Broadcasting Co.

Good Law

1991 Cal. App. LEXIS 1523·231 Cal. App. 3d 540·282 Cal. Rptr. 498·91 Daily Journal DAR 7583·91 Cal. Daily Op. Serv. 4946

Court of Appeal of CaliforniaMay 28, 1991B039633California3,434 words

Opinion

Danielson, J.

Raymond Winston (Winston) appeals from a judgment based on the grant of a motion for summary judgment on his complaint in favor of National Broadcasting Company, Inc., and Reg Grundy Production, Inc. (collectively, NBC).

We affirm the judgment.

Factual and Procedural Statement

On June 25, 1985, Winston filed an action against NBC arising from the latter’s refusal to pay Winston the cash he won while a contestant on NBC’s game show Sale of the Century. The verified complaint pleaded seven causes of action, respectively, for breach of oral contract, fraud, negligent misrepresentation, intentional infliction of emotional distress, invasion of privacy (appropriation of Winston’s name and likeness), invasion of privacy (false light), and invasion of privacy (commercial appropriation; Civ. Code, § 3344).

On December 24, 1986, NBC answered the complaint by generally denying the material allegations and by asserting 17 affirmative defenses.

On January 7, 1987, NBC filed a cross-complaint for damages against Winston. The five causes of action were, respectively, for breach of written contract, fraud/misrepresentation, negligent misrepresentation, breach of covenant of good…

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