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February 9, 2013Via E-MailDaniel PetrocelliO’Melveny and Myers LLP1999 Avenue of the Stars, 7th FloorLos Angeles, CA 90067Re:
Larson v. Warner Bros. Entertainment Inc., et al.
, Case No. 10-CV-08400 ODW (RZx)Dear Dan:I write on behalf of plaintiff Laura Siegel Larson, in response to your January 29, 2013 letter. Therein, defendant DC Comics purports to offer to tender performance pursuant to an October19, 2001 letter.As a preliminary matter, while the Ninth Circuit held that the October 19, 2001 letter constitutedan acceptance sufficient to create a contract on that date, it decidedly did not order the districtcourt to enter judgment in DC’s favor. Instead, the Ninth Circuit expressly remanded anddirected the district court to adjudicate “DC’s third and fourth counterclaims” regarding theOctober 19, 2001 letter. DC’s contract counterclaims and Ms. Larson’s defenses to thosecounterclaims will need to be litigated, pursuant to the same legal standards and proceduresapplicable to any such claims and defenses.DC’s prodding the district court to hastily “enter judgment” in DC’s favor with no regard forwell-worn legal standards, such as those governing summary judgment and trial of materialissues of fact, is transparent and improper.DC’s purported and belated “tender” of performance under the October 19, 2001 letter is faciallyincomplete and illusory. Among other deficiencies, and reserving all of Ms. Larson’s rights anddefenses, are the following:1. While DC offers to tender “payment,” it does not specify the amount. Under the terms of the October 19, 2001 letter, DC would have been obligated to pay fixed compensation of at least$8.5 million over the past decade, commencing with $3.5 million on March 31, 2002. DC wouldalso have been obligated to render annual accountings commencing on March 31, 2002 of the
Case 2:04-cv-08400-ODW-RZ Document 709-2 Filed 03/04/13 Page 372 of 383 Page ID#:15837