Richard M. Rosenthal v. Jane Fonda

Richard Rosenthal appeals the district court’s grant of summary judgment in favor of Jane Fonda and four of her related corporations. The district court determined that New York law controlled this dispute and that New York’s statute of frauds barred Rosenthal’s claim against Fonda for breach of an oral contract. On appeal, Rosenthal contends that California, not New York, law should control this action and that California’s statute of frauds does not bar his oral contract claim against Fonda. In addition, Rosenthal contends that even if New York law does properly control, his contract with Fonda is not barred by New York’s statute of frauds. We affirm the district court’s holding that New York’s statute of frauds controls and that it serves to bar Rosenthal from enforcing this oral contract against Fonda.

FACTUAL BACKGROUND

This action arises out of the twelve year relationship between Jane Fonda and her former attorney and general business manager, Richard Rosenthal. In 1968, Fonda, a California resident, retained the services of a New York law firm. She entered into an oral agreement with the firm that she would pay five percent of her earnings as compensation for the firm’s…