Zakk

Zakk v. Diesel

Good Law
245 Cal. Rptr. 3d 215·33 Cal. App. 5th 431
Court of Appeal of CaliforniaMarch 25, 2019B284432California11,164 words

Opinion

Lead Opinion

Willhite, J.

*432 This case involves a dispute over whether plaintiff and appellant George Zakk is entitled to be paid and receive an *433 executive producer credit for a film that is a sequel to a film he had worked on and developed. Zakk sued defendants Vin Diesel, One Race Films, Inc., and Revolution Studios 1 for breach of an oral contract, breach of an implied-in-fact contract, intentional interference *218 with contractual relations, quantum meruit, promissory estoppel, and declaratory relief. His case was dismissed after the trial court sustained defendants' demurrers to Zakk's third amended complaint. The primary bases for the trial court's ruling were its findings that the third amended complaint was a sham pleading and that the breach of oral contract claim (and its derivative claims) were barred by the statute of frauds. In addition, the court found that Zakk's quantum meruit claim was barred by the statute of limitations, and it dismissed his claim for promissory estoppel because it was added without leave of court.

With regard to oral contracts that fall within the statute of frauds category of contracts not to be performed within a year, we hold that the promisee's full…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.