Wind Dancer Production Grp. v. Walt Disney Picture
Plaintiffs and appellants are writers and producers who entered into a profit participation agreement with defendant and respondent Walt Disney Pictures regarding their work on the television series, Home Improvement. The parties’ agreement includes an “incontestability” clause, which requires a participant to object in specific detail to Disney’s quarterly participation statements within 24 months after the date sent, and to initiate a legal action within six months after the expiration of that 24-month period. In July 2008, following an audit of Disney’s books of account, the producers objected to the participation statements that were sent between June 2001 and March 2006. After Disney rejected the objections as untimely, the producers filed this action, alleging that Disney failed to properly account for and pay them the amounts owed under the parties’ agreement. The trial court granted Disney’s motion for summary adjudication on the ground that the producers’ c
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