Fear Not Law Articles: WAGNER v. COLUMBIA PICTURES INDUSTRIES, INC.,

WAGNER v. COLUMBIA PICTURES INDUSTRIES, INC.,

Filed 1/8/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

ROBERT WAGNER, etc.,

Plaintiff and Appellant,

COLUMBIA PICTURES INDUSTRIES, INC.,

Defendant and Respondent.

B184523

(Los Angeles County

Super. Ct. No. BC298740)

APPEAL from a judgment of the Superior Court of Los Angeles County. Conrad R. Aragon, Judge. Affirmed.

Alschuler Grossman Stein & Kahan, Samuel R. Pryor, Sally S. Liu and Matthew R. Belloni for Plaintiff and Appellant.

Sheppard Mullin Richter & Hampton, Martin D. Katz, Lisa N. Stutz and Jean-Paul Jassy for Defendant and Respondent.

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Robert Wagner individually and as trustee of his children's trusts brought this action against Columbia Pictures claiming he and the trusts are contractually entitled to share in the net profits Columbia earned from two motion pictures it produced based on the Charlie's Angels television series. The trial court concluded the contract did not entitle Wagner and the trusts to share in the profits from the movies and granted Columbia's motion for summary judgment. Wagner filed a timely appeal from the judgment. We affirm.[1]

FACTS AND PROCEEDINGS BELOW

Robert Wagner and Natalie Wood (the â€

Description	Where writers of pilot script for television series, under collective bargaining agreement with producer, acquired absolute rights to exploit the script for motion picture purposes, and writers' heirs later sold those rights back to producer, those rights were not ancillary or subsidiary under contract requiring producer to share net profits from exploitation of ancillary or subsidiary rights with co-creator of television series.
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