Chesler/Perlmutter Prods., Inc. v. Fireworks Entertainment Inc.

ORDER RE: DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFF’S MOTION TO REMAND

This case arises from the production of Queen of Swords, a syndicated television series. Plaintiff alleges that in producing Queen of Swords, Defendants violated written and/or oral contracts for the joint development and production of Plaintiffs own proposed series, Gitana. After reviewing the materials submitted by the parties, argument of counsel and the case file, the Court GRANTS Plaintiffs Motion to Remand and STRIKES Defendants’ Motion to Dismiss as moot.

I. PROCEDURAL HISTORY

Plaintiff filed the initial Complaint in this action in Los Angeles County Superior Court on August 24, 2001. The Complaint alleged (1) breach of express contract; (2) breach of implied contract; (3) breach of a partially oral and partially written contract; (4) and unjust enrichment. On September 27, 2001, Defendants removed the case to this Court. Removal was timely based on alleged receipt of the Complaint on August 28, 2001. See Notice of Removal ¶ 3. Defendants alleged that each of Plaintiffs state law causes of action is preempted by Section 301(a) of the Copyright Act. See id. ¶ 7.

On October 24, 2001, Plaintiff filed…