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12345678910111213141516171819202122232425262728UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIATERRY T. GERRITSEN, an individual, Plaintiff, vs.WARNER BROS. ENTERTAINMENTINC., a Delaware corporation; KATJAMOTION PICTURE CORP., a Californiacorporation; and NEW LINEPRODUCTIONS, INC., a Californiacorporation, Defendants.))))))))))))))CASE NO. CV 14-03305 MMM (CWx)ORDER GRANTING DEFENDANTS’MOTION TO DISMISSOn April 29, 2014, Terry T. Gerritsen filed this action against Katja Motion Picture Corporation(“Katja”), New Line Productions, Inc. (“New Line”), and Warner Bros. Entertainment, Inc. (“WB”)(collectively, “defendants”).
1
 On June 20, 2014, defendants filed a motion to dismiss Gerritsen’scomplaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
2
 Gerritsen opposes the motion,
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Complaint, Docket No. 1 (Apr. 29, 2014).
2
 Notice of Motion and Motion to Dismiss Case (“Motion”), Docket No. 8 (June 20, 2014).
3
Opposition to Motion to Dismiss (“Opposition”), Docket No. 13 (Sept. 8, 2014).
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12345678910111213141516171819202122232425262728and objects to a declaration submitted by defense counsel and the exhibits attached thereto.
4
 Defendantsfiled a response to Gerritsen’s objection on September 15, 2014.
5
 On September 8, 2014, Gerritsen filed two separate requests for judicial notice, which in combination seek to have the court judicially notice48 exhibits.
6
 Defendants opposed the requests on September 15, 2014.
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On September 26, 2014, the court took defendants’ motion to dismiss under submission pursuantto Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15.
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 For the reasons that follow,the court grants the motion.
I. FACTUAL BACKGROUND
Gerritsen is an international best-selling, award-winning author whose novels have frequentlyappeared on the New York Times Best Seller list.
9
 WB is in the business of developing, producing,distributing, and marketing motion pictures, including the 2013 film
Gravity
 (the “Film”).
10
 In 1999,Gerritsen completed a novel titled
Gravity
 (the “Book”), which was published by Simon and Schuster in September of that year.
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 Gerritsen alleges that the Book, set in orbital space, features a female
4
Objection in Opposition to Declaration of Ashley Pearson and Attached Exhibits (“Oppositionto Pearson Decl.”), Docket No. 15 (Sept. 8, 2014).
5
Response to Plaintiff’s Objections to Declaration of Ashley Pearson and Attached Exhibits(“Response Supporting Pearson Decl.”), Docket No. 19 (Sept. 15, 2014).
6
Request for Judicial Notice in Support of Opposition (“RJN"), Docket No. 14 (Sept. 8, 2014);Additional Request for Judicial Notice in Support of Opposition (“Second RJN”), Docket No. 16 (Sept.8, 2014).
7
Defendants’ Opposition to Plaintiff’s Request for Judicial Notice (“RJN Opposition”), Docket No. 18 (Sept. 15, 2014); Defendants’ Opposition to Plaintiff’s Additional Request for Judicial Notice(“Second RJN Opposition”), Docket No. 20 (Sept. 15, 2014).
8
See (In Chambers) Order Taking Hearing on Defendants’ Motion to Dismiss Off Calendar,Docket No. 22 (Sept. 26, 2014).
9
Complaint, ¶ 9.
10
 Id.
, ¶ 10.
11
 Id.
, ¶ 12.2
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12345678910111213141516171819202122232425262728doctor/astronaut who is stranded alone aboard a space station after a series of disasters kill the rest of the crew; the book details her struggle to survive.
12
 Gerritsen asserts she did extensive research prior to and while writing the Book to ensure that her depiction of NASA technology was realistic.
13
 Based on a manuscript it saw before the Book was published, Katja entered into a written contract (the“contract”) with Gerritsen on March 18, 1999, to purchase motion picture rights to the Book, as wellas “any and all versions thereof.”
14
 The contract provided that Katja would pay Gerritsen $1,000,000in exchange for these rights. It further provided that, if a motion picture based on the Book were produced, Katja would pay Gerritsen (1) a $500,000 production bonus and (2) contingent compensationin the amount of 2.5% of the defined net proceeds of the motion picture. It also agreed to give her (3)onscreen credit and credit in paid advertisements that read “Based on the book by Terri Gerritsen.”
15
  New Line executed and delivered a continuing guaranty, guaranteeing “full and faithful performance” by Katja of its obligations under the contract.
16
 Gerritsen alleges on information and belief that, at thetime the contract was signed, Katja was a wholly-owned subsidiary of New Line, and was a shell entitythat was completely dominated and controlled by New Line.
17
 She asserts that Katja regularly used NewLine to acquire literary material it could use to produce viable motion picture screenplays.
18
 Shecontends, on information and belief, that after a screenplay was written and produced, Katja assigned rights in the work to New Line or another entity controlled by New Line; this entity ultimately produced and distributed the film.
19
 For this reason, she alleges, the parties understood and intended at the time
12
 Id.
13
 Id 
.
14
 Id.
, ¶ 13; Exh. 1;
Gravity
 Purchase Agreement.
15
 Id.
, ¶¶ 14, 24.
16
 Id.
, ¶ 15.
17
 Id.
, ¶ 16.
18
 Id.
19
 Id.
3
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