Don Johnson Productions, Inc. v. Rysher Entertainment
147 Cal. Rptr. 3d 590
Cal. Ct. App.2012Background
- Plaintiff and Rysher Entertainment, LLC entered a contract governing Nash Bridges production; plaintiff owned 50% of the series copyright.
- Contracts were extended in 1997–1999; CBS aired final episode May 4, 2001; Rysher funded production.
- In 1999, Rysher sold syndication rights; plaintiff alleged 50% profit sharing and master access rights were not honored.
- On May 16, 2002, plaintiff and Rysher executed a tolling agreement tolling the statute of limitations until rescinded with 30 days’ notice.
- Plaintiff filed suit February 17, 2009; defendants argued claims barred by the statute of limitations and, separately, by section 360.5.
- The trial court and appellate court held the tolling agreement tolled the statute of limitations and the complaint was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §360.5 governs tolling agreements | Tolling is not contemplated as a waiver by §360.5. | §360.5 applies to waivers; tolling agreements are governed by §360.5's four-year rule. | §360.5 does not apply to tolling agreements; tolling can extend limitations. |
| Whether the May 16, 2002 tolling agreement validly tolled the limitations period | Tolling agreement tolled limitations until rescission; timely filing in 2009. | Tolling did not extend beyond four years from expiration; untimely. | Tolling agreement tolled the statute; filing in 2009 timely. |
Key Cases Cited
- Carlton Browne & Co. v. Superior Court, 210 Cal.App.3d 35 (1989) (interpretation of §360.5 and waivers)
- Salmon Protection & Watershed Network v. County of Marin, 205 Cal.App.4th 195 (2012) (tolling agreements in environmental disputes)
- People v. Gonzalez, 43 Cal.4th 1118 (2008) (statutory interpretation and tolling policy)
- Dyna-Med, Inc. v. Fair Employment & Housing Com., 43 Cal.3d 137 (1987) (principles of statutory interpretation and legislative intent)