Aguilar
Aguilar v. Universal City Studios, Inc.
Opinion
Opinion
Johnson, J.
This is an action for defamation, invasion of privacy, intentional and negligent infliction of emotional distress arising out of the portrayal of the character “Bertha” in the motion picture “Zoot Suit.” Plaintiff, Bertha Aguilar, claims she is the character “Bertha” and that she is falsely portrayed in the film as “a fornicating woman of loose morals.”
Facts and Proceedings Below
The motion picture “Zoot Suit” is a work of fiction based on the sensational 1942 Sleepy Lagoon murder case and the ensuing “zoot suit” riots. (See People v. Zammora (1944) 66 Cal.App.2d 166 [ 152 P.2d 180 ].) The Sleepy Lagoon case involved 22 Mexican-Americans charged with murder after a man was found dead following an altercation at a party near a lover’s lane in Los Angeles known as Sleepy Lagoon. (66 Cal.App.2d at pp. 173-178.) Twelve of the defendants were convicted of murder in the well-pub licized trial. Their convictions were overturned on appeal. (See People v. Zammora, supra.)
“Zoot Suit” focuses on the activities, trial, imprisonment and appeal of four of the Sleepy Lagoon defendants. The screen play was adapted by Luis Valdez from his play of the same name. Mr. Valdez is a…