NBCUniversal Media v. Superior Court CA2/4
225 Cal. App. 4th 1222
| Cal. Ct. App. | 2014Background
- RPIs alleged breach of implied contract and breach of confidence regarding Ghost Hunters (2004) and their ideas/concepts shared with petitioners; action filed in 2011 after prior federal/state proceedings; two-year SOL under CCP §339(1) applicable to contract-implied and confidence claims; petitioners moved for summary judgment asserting accrual by Oct. 6, 2004 with no timely suit; trial court tentatively found triable issues on discovery rule and later denied summary judgment; court of appeal issued peremptory writ directing vacatur of denial and grant of summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RPIs’ claims were time-barred by accrual date | RPIs contend discovery rule delayed accrual | Accrual no later than public disclosure Oct. 6, 2004 | Time-barred; accrual by Oct. 6, 2004. |
| Whether RPIs are entitled to delayed accrual under the discovery rule | Discovery delayed accrual due to late awareness (2005) | Discovery rule does not apply; public broadcast undermines secrecy | Discovery rule does not apply; no delayed accrual. |
| Whether RPIs adequately preserved continuing-wrong accrual arguments | Continuing-wrong accrual should apply to multiple episodes | Not raised below; forfeited on appeal | Forfeited; not considered. |
| Whether continuing-wrong principles could salvage claims despite public release | Continuing violation/continuous accrual extend period | Inapplicable to non-copyright claims; no later breaches shown | Not applicable; claims time-barred. |
Key Cases Cited
- Davies v. Krasna, 14 Cal.3d 502 (1975) (accrual at public dissemination of disputed material)
- Benay v. Warner Bros. Entm’t, Inc., 607 F.3d 620 (9th Cir. 2010) (discovery generally governs breach accrual for implied contracts)
- Shively v. Bozanich, 31 Cal.4th 1230 (2003) (discovery rule not applicable after publication in defamation context)
- Hebrew Academy of San Francisco v. Goldman, 42 Cal.4th 883 (2007) (discovery rule not extend beyond publication of defamatory statements)
- Long v. Walt Disney Co., 116 Cal.App.4th 868 (2004) (discovery rule inapplicable where acts broadcast publicly)