Determination Of Frivolousness Of SLAPP Motion Is Within Discretion Of Trial Court, But 2/1 DCA’s Partial Reversal Of Trial Court’s Denial Was Further Evidence That SLAPP Motion Was Not Frivolous.
In Oldman v. Bates, Case No. B296539 (2d Dist., Div. 1 March 27, 2020) (unpublished), Kurt Oldman and Dieter Hartmann were hired by Tyler Bates and Tyler Bates Music, Inc. to assist in composing music for the movie Guardians of the Galaxy Vol. 2. Disputes arose after the project was complete.
Oldman and Hartmann sued – alleging six causes of action stemming from their claims that Bates had falsely promised to list them on the cue sheet such that they would receive 15 percent of the writer’s share of royalties in perpetuity, and that they would receive “Additional Music By” credit on the film.
Bates SLAPPed back – arguing that all acts undertaken in relation to the creation of the film are protected activities because films are expressive works subject to First Amendment protections, and that Oldman and Hartmann could not establish the required probability they would prevail on their claims. When the trial court denied Bates’ SLAPP motion – determining the conduct at issue was related to contractual fulfillment, not free speech - Oldman and Hartmann moved for fees claiming the SLAPP motion was frivolous and without merit. However, the trial court denied the fee request – finding the motion was not entirely frivolous or solely intended to cause unnecessary delay. All parties appealed.
As to the SLAPP motion, the 2/1 DCA partially reversed – finding Bates’ failure to acknowledge Oldman’s and Hartmann’s creative contributions through an “Additional Music By” credit to be protected activity as the dispute arose out of artistic disputes about the level of contribution to the film score, not out of a contractual dispute. Additionally, the 2/1 DCA found that Oldman and Hartmann had failed to meet their burden of showing a probability they would prevail on the “Additional Music By” claims as their opposition to the SLAPP motion focused on the cue sheet and did not address their “Additional Music By” claims.
Finally, as to the attorney fees, the 2/1 DCA affirmed. Code Civ. Proc. § 425.16(c)(1) requires an award of fees and costs to a prevailing plaintiff if the SLAPP motion is frivolous or made for the purpose of causing unnecessary delay – a determination made within the trial court’s discretion. The 2/1 DCA found no abuse of discretion – especially given they partially reversed the trial court’s denial of the SLAPP motion.
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