Procedural Posture

Appellant picture studio sought review of a decision from the Superior Court of Los Angeles County (California), which entered a judgment of dismissal without leave to amend. In dismissing the action, the district court sustained a general and special demurrer to the complaint filed by appellee director.

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Overview

The picture studio sought review of the judgment of dismissal. The studio was seeking a declaration of the rights and duties of the parties under an unwritten contract of employment. After the oral contract was made, the director represented an extension of time to start contract. The studio consented to the extension of time and employed the director. The director discharged all of his duties in connection with the production. The director refused and has ever since refused to perform any services for the studio or to reduce the agreement to writing and sign it. Arbitration of the dispute was sought but an agreement could not be reached. On review, the court found that it was apparent that the studio set forth facts that entitled it to seek relief. The court concluded that the pleading on its face did not reveal any defect impossible of cure by amendment nor did it show conclusively that the cause was barred by the statute of frauds. The court remanded the cause to the trial court to require the clarification of uncertainties or ambiguities in the pleading.

Outcome

The court reversed the trial court’s judgment of dismissal and remanded to the clarify uncertainties because the pleading on its face did not reveal any defect impossible of cure by amendment nor did it show conclusively that the cause was barred by the statute of frauds.