Last year, in Cussler v. Crusader Entertainment, B208738 (Cal. Ct. App. Mar. 3, 2010), the Second District Court of Appeal rejected Crusader’s argument that when author Clive Cussler refused to approve Crusader’s many proposed screenplays for the film “Sahara,” Cussler had breached the implied duty of good faith that under California law that is read into every contract. The California Supreme Court subsequently denied petitions for review filed by Cussler and Crusader. (This author filed an amicus curiae letter in support of Crusader’s petition for review.)
That would seem the end of the story — why revisit it? Because the court of appeal’s opinion is flawed — it’s based on analysis that doesn’t make sense, and it fails to consider the policy issues implicated. California courts should adopt a different approach.
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