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<b>Decision of Note: </b>Burden on Plaintiff for Contingent Fees
The Court of Appeal of California, Second District, Division Five, found that the trial court didn't err in refusing to shift the burden of proof to defendant NBC Studios in a suit for contingent compensation by the executive producers of the TV series 'The Profiler.' Sanders/Moses Productions Inc. v. NBC Studios Inc., B181928. The loan-out company for Ian Sander and Kim Moses filed suit after three annual accountings stated the executive producers were owed zero contingent compensation from the TV show. The trial court granted summary judgment for NBC on Sander/Moses's claim for breach of fiduciary duty. A jury returned a verdict for NBC on the plaintiff's contract-breach claim. Affirming, the court of appeal explained in the published section of its opinion: 'Here, there is no evidence that the information necessary to calculate the amount of contingent compensation to which Sander/Moses was entitled under the agreement was unavailable. To the contrary, the record shows that Sander/Moses['s accountant] was provided information through the audit process, including information about other programs. ' And Sander/Moses took the position in its opening brief that the amount to which it was entitled was undisputed.'
The Court of Appeal of California, Second District, Division Five, found that the trial court didn't err in refusing to shift the burden of proof to defendant NBC Studios in a suit for contingent compensation by the executive producers of the TV series 'The Profiler.' Sanders/Moses Productions Inc. v. NBC Studios Inc., B181928. The loan-out company for Ian Sander and Kim Moses filed suit after three annual accountings stated the executive producers were owed zero contingent compensation from the TV show. The trial court granted summary judgment for NBC on Sander/Moses's claim for breach of fiduciary duty. A jury returned a verdict for NBC on the plaintiff's contract-breach claim. Affirming, the court of appeal explained in the published section of its opinion: 'Here, there is no evidence that the information necessary to calculate the amount of contingent compensation to which Sander/Moses was entitled under the agreement was unavailable. To the contrary, the record shows that Sander/Moses['s accountant] was provided information through the audit process, including information about other programs. ' And Sander/Moses took the position in its opening brief that the amount to which it was entitled was undisputed.'
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