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Polydoros v. Twentieth Century Fox Film Corp.

California Court of Appeal

67 Cal. App. 4th 318 (1997)

Facts

The Sandlot was a 1993 film written and directed by David Evans (defendant) and released by Twentieth Century Fox Film Corp. (Fox) (defendant). Taking place in the early 1960s, the film depicted the baseball-centric summer adventures of a group of boys, including a character named Michael Palledorous, nicknamed Squints. Evans based Palledorous on his childhood friend Michael Polydoros (plaintiff). The actor cast for the role resembled Polydoros as a child, and the actor’s image was heavily employed to market the film. Polydoros brought suit against Evans and Fox for invasion of privacy, commercial appropriation of identity, defamation, and negligence. Polydoros complained that people noted the resemblance and began calling him Squints, much to his embarrassment. The trial court found in favor of Evans and Fox. Polydoros appealed. The California Court of Appeal granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Boren, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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