Ablesoft

BACKGROUND

A. Underlying Facts On March 31, 1993, William Nye, James McKenna, Erren Gottlieb, KCTS-TV, and Rabbit Ears Productions, Inc. (Rabbit Ears) entered into an agreement with Buena Vista (BV Agreement) for 50 percent of the net profits resulting from the production and distribution of the television series, Bill Nye the Science Guy (series). Millennium Media Group Holdings, Inc. (MMG) purportedly made a loan to Rabbit Ears in September 1993 secured by a lien on Rabbit Ears’s assets. When Rabbit Ears apparently defaulted on the loan, MMG foreclosed the lien in 1997 and reportedly sold Rabbit Ears’s assets to Microleague

1Buena Vista Television, LLC is a subsidiary of The Walt Disney Company. 2 Because we conclude summary adjudication should not have been granted, we do not reach Ablesoft’s contention the trial court abused its discretion by denying a second continuance of the summary adjudication hearing. We do, however, briefly summarize Ablesoft’s two requests for a continuance to provide a clear understanding of the proceedings.

2 Multimedia, Inc. (Microleague) in February 1997. The sale was said to include Rabbit Ears’s rights under the BV Agreement. Ablesoft…