Yerkovich

Yerkovich v. MCA, Inc.

Good Law

11 F. Supp. 2d 1167·1998 WL 384667·1997 U.S. Dist. LEXIS 22703

United States District Court, Central District of CaliforniaFebruary 24, 1997CV 94-3927 ABC (AJWx)California6,529 words

Opinion

Collins, J.

ORDER RE: (1) Defendants’ Motion for Judgment on the Pleadings; and (2) Defendants’ Alternative Motion for Summary Judgment

Defendants’ motion for judgment on the pleadings and alternative motion for summary judgment came on regularly for hearing before this Court on February 24, 1997. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that the motions are GRANTED in part and DENIED in part.

I. Procedural Background

On June 10, 1994, Plaintiffs ANTHONY YERKOVICH and BUFFALO PRODUCTIONS, INC. (“Plaintiffs”) filed a Complaint against Defendants MCA INC. and UNIVERSAL CITY STUDIOS, INC. (“Universal” or “Defendants”). Plaintiffs filed a First Amended Complaint (“FAC”) on October 3, 1994. In the FAC, Plaintiffs brought the following causes of action against Defendants: (1) copyright infringement; (2) declaratory relief; (3) breach of contract (federal); (4) breach of contract (state); (5) breach of fiduciary duty; (6) breach of the implied covenant of good faith and fair dealing; (7) antitrust violations; (8) imposition of a constructive' trust; and (9) an accounting. On April 19, 1995, the Court dismissed the FAC’s…

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