Tuesday, December 3, 2013

Parker v. Twentieth Century-Fox Film Corp. case brief

Parker v. Twentieth Century-Fox Film Corp. case brief summary
474 P.2d 689 (1970)

Defendant appealed from a judgment of the Superior Court of Los Angeles County (California), entering summary judgment in plaintiff's favor and awarding her damages.

Defendant appealed from a grant of summary judgment entered in plaintiff's favor and the trial court's awarding plaintiff the recovery of agreed compensation under a written contract for her services as an actress in a motion picture.


  • The court affirmed, holding that defendant's sole argument--plaintiff's failure to take an alternative role in a different motion picture resulted in her unreasonable refusal to mitigate damages--was without merit. 
  • The court held that defendant's failure to show that the other motion picture would be comparable or substantially similar employment for plaintiff precluded its mitigation argument.

Judgment affirmed because defendant's mitigation-of-damages argument failed to show that a different motion-picture role, offered by defendant and rejected by plaintiff, was similar employment for which the mitigation issue would have been triggered.

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