Sobini Films v. Clear Skies Nevada CA2/8

FACTS

We begin with a chronology of the facts underlying the dispute, and then summarize additional evidence presented in the parties’ moving and opposition papers.

I. The Parties, the Movie and the Dispute

Plaintiff Sobini Films, Inc., is a motion picture production and financing company, and plaintiff Mark Amin is its founder and chief executive officer. Mr. Amin has extensive experience in the movie industry, and has been involved in the production of over 80 films since the late 1980’s, including Oscar and Emmy contenders and winners. Defendant Clear Skies Nevada, LLC is the owner of the motion picture Good Kill (the film), holding the exclusive right to produce and exploit the film. Defendant Voltage Pictures, LLC is the film’s exclusive sales agent. The film follows the life of an Air Force drone pilot who becomes disillusioned with drone flying and begins to question the ethics of the missions to which he is assigned. According to Mr. Amin, the Good Kill project was “an opportunity for me to be part of an important and artistic film.” On January 29, 2014, Clear Skies and Sobini Films executed an agreement, captioned the “term sheet,” with respect to the then-proposed…