Gerald Morawski v. Lightstorm Entertainment

MEMORANDUM **

Gerald Morawski appeals the district court’s grant of summary judgment on his breach of express contract, breach of implied-in-fact contract, and fraud claims against Lightstorm Entertainment, Inc. and James Cameron. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

1. “When interpreting state law, we are bound to follow the decisions of the state’s highest court. When the state supreme court has not spoken on an issue, we must determine what result the court would reach based on state appellate court opinions, statutes and treatises.” Paulson v. City of San Diego, 294 F.3d 1124, 1128 (9th Cir.2002) (en banc) (citation omitted) (quoting Hewitt v. Joyner, 940 F.2d 1561, 1565 (9th Cir.1991)) (internal quotation marks omitted).

2. We assume in the context of our review of the district court’s summary judgment that evidence of access and substantial similarity gave rise to an inference that Cameron used Morawski’s original ideas in the film Avatar. See Benay v. Warner Bros. Entm’t, Inc., 607 F.3d 620, 630-31 (9th Cir.2010). But Cameron presented detailed and copious evidence of independent creation. Under California law, if a defendant presents “clear” and…

dissenting:

I respectfully dissent from the portion of the court’s disposition affirming the district court’s summary judgment ruling on the issue of independent creation. Under California law, an inference of use may be rebutted by “evidence of independent creation that is ‘clear, positive, uncontradicted and of such a nature that it cannot rationally be disbelieved.’ ” Spinner v. Am. Broad. Cos., 215 Cal.App.4th 172 , 155 Cal. Rptr.3d 32, 42 (2013). In my view, contested issues of fact precluded resolution of independent creation in this case, at least at the summary judgment stage. I would reverse this portion of the district court’s order and remand for further proceedings.

FILED

NOT FOR PUBLICATION APR 15 2015

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERALD MORAWSKI, an individual, No. 13-55227

Plaintiff - Appellant, D.C. No. 2:11-cv-10294-MMM-

JCG

v.

LIGHTSTORM ENTERTAINMENT, MEMORANDUM*

INC., a California corporation; JAMES CAMERON, an individual,

Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding

Argued and Submitted February 11, 2015 Pasadena, California

Before: SENTELLE,** CHRISTEN, and HURWITZ, Circuit Judges.

Gerald Morawski appeals the district court’s grant of summary judgment on his

breach of express contract, breach of implied-in-fact contract, and fraud claims against

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable David Bryan Sentelle, Senior Circuit Judge for the U.S. Court of Appeals for the District of Columbia Circuit, sitting by designation. Lightstorm Entertainment,…