Grosso
Grosso v. Miramax Films Corp.
Opinion
Lead Opinion
MEMORANDUM *
Jeff Grosso appeals the district court’s judgment in favor of the defendants, Mira-max Film Corp. and others, in his action alleging breach of contract under California law and violation of his copyright in his screenplay, “The Shell Game.”
The district court did not err in granting summary judgment on Grosso’s claim that Miramax’s movie “Rounders” violated Grosso’s copyright. The two works are not substantially similar, for the reasons very well stated by the district court.
The district court, however, incorrectly dismissed on the pleadings Grosso’s state law claim for breach of implied contract. We review the dismissal de novo, accepting all well-pleaded factual allegations in the complaint as true and making all reasonable inferences in the plaintiffs favor. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001).
The California Supreme Court in Desny v. Wilder, 46 Cal.2d 715 , 299 P.2d 257 (1956), explained the circumstances in which a contract might be implied even in the absence of an express promise to pay: “[T]he idea purveyor cannot prevail in an action to recover compensation for an abstract idea unless ... the circumstances preceding and…