Cussler v. Crusader Entertainment, LLC

2010 WL 718007 (2010)

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Cussler v. Crusader Entertainment, LLC

California Court of Appeal
2010 WL 718007 (2010)

SC
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Facts

Clive Cussler (plaintiff) was a novelist. Cussler signed a contract with Crusader Entertainment, LLC (Crusader) (defendant), granting Crusader the right to turn certain of Cussler’s books, including Sahara, into movies. Cussler had approved a screenplay for Sahara, and under the contract, Crusader could alter the screenplay only with “Cussler’s written approval exercisable in his sole and absolute discretion.” Crusader sought to change the screenplay and submitted over 24 new screenplays for Cussler’s review. Cussler continually rejected the new screenplays and ultimately sought to use a new screenplay that he wrote. Cussler sued Crusader for breach of contract, and Crusader countersued for breach of the implied covenant of good faith and fair dealing. The jury returned a verdict in favor of Crusader on the breach-of-good-faith claim. Cussler appealed.

Rule of Law

Issue

Holding and Reasoning (Kitching, J.)

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