Donahue

This is the second appeal in the within plagiarism action involving property consisting of television scripts, summaries or story outlines, plaintiffs having successfully challenged an earlier judgment notwithstanding the verdict ( 245 Cal.App.2d 593 [ 54 Cal.Rptr. 130 ], sub nom Donahue v. Ziv Television Programs, Inc.). Upon retrial the jury again returned a verdict for plaintiffs; the instant appeal is from the judgment based on the verdict and order denying defendant’s motion for judgment notwithstanding the verdict.

The second trial proceeded under changed circumstances dictated or countenanced by the opinion on the prior appeal. No other defendants remained in the cause save defendant corporation, the judgment notwithstanding the verdict as to defendant Ivan Tors having been affirmed; also, by stipulation the cause was litigated on plaintiffs’ third amended complaint (substantially similar to its predecessor except as to the increased amount of damages alleged) and an amendment to the answer thereto which raised the bar of the statute of limitations (Code Civ. Proc., § 339, subd. 1) allowing two years for the commencement of an action governed thereby.

As its…