Melchior
Melchior v. New Line Productions, Inc.
Opinion
Opinion
Spencer, J.
Introduction
Plaintiff lb Melchior appeals from a summary judgment in favor of defendant New Line Productions, Inc. He claims the trial court made errors of law which led to an erroneous grant of the summary judgment. We agree as to some of his claims of error and reverse the judgment in part.
Facts
On June 17, 1994, lb Melchior (Melchior) and Mark W. Koch (Koch), on behalf of Prelude Pictures, Inc. (Prelude), executed a release agreement (Release Agreement). Prelude had optioned the rights to the motion picture Lost in Space (New Line Cinema 1998) (Picture). Issues had arisen between Prelude and Melchior regarding the rights to the Picture. The Release Agreement resolved these issues. Under the Release Agreement, Prelude was to make certain payments and grant certain privileges to Melchior. In exchange, Melchior gave up certain rights.
Specifically, Prelude agreed to pay Melchior $500 for entering into the Release Agreement. In addition, the Release Agreement provided that “[i]f the Picture gets made in association with Prelude, Prelude [granted to Melchior] ... the right to receive seventy-five thousand dollars ($75,000) as a production bonus payable out of the…