Images Everywhere v. Six Flags Theme Parks





Filed 4/27/11 Images Everywhere v. Six Flags Theme Parks CA2/3




NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

IMAGES EVERYWHERE, INC., et al., Plaintiffs and Appellants, v. SIX FLAGS THEME PARKS, INC., et al., Defendants and Respondents.

B208263 (Los Angeles County Super. Ct. No. BC365735)

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael L. Stern, Judge. Affirmed.
Payne & Fears, Daniel L. Rasmussen and Julie Bisceglia for Plaintiffs and Appellants.
Rintala, Fraser & Jaenicke and G. Howden Fraser; Faegre & Benson, Terri L. Combs and Jesse Linebaugh for Defendant and Respondent Six Flags Theme Parks, Inc.
Arnold & Porter, Anna R. Zusman; Ward Norris Heller & Reidy, Harold A. Kurland and Jeffrey J. Harradine for Defendant and Respondent Qualex, Inc.
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Images Everywhere, Inc. (Images Everywhere), and John Shawn Productions, Inc. (JSP), appeal a defense judgment in favor of Six Flags Theme Parks, Inc. (Six Flags), and Qualex, Inc. (Qualex), after a jury verdict. Images Everywhere and JSP provided consulting services to Six Flags pursuant to a letter agreement. They contend Six Flags breached the letter agreement and the implied covenant of good faith and fair dealing by terminating their consulting services in December 2006 and contracting with Qualex (formerly Event Imaging Solutions, Inc.) instead. We conclude that the plaintiffs have shown no prejudicial error and will affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. Factual Background
Six Flags operates amusement parks throughout the United States. Images Everywhere, JSP, and Qualex owned and operated photography concessions at some of those parks under license agreements.
John Bement of Six Flags approached Peter Gelfand of Images Everywhere with a proposal for Six Flags to replace the photography concessions at some of its parks with its own in-house photography operations. Six Flags sought the assistance of Images Everywhere in accomplishing this, and later sought the assistance of JSP and its principal John Tawgin as well. After discussing the proposal over the course of two and one-half years, the parties entered into a Letter of Agreement dated March 4, 2004.
The letter agreement began:
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