Wolf v. Travolta

• Decision Date: 04 March 2016
• Docket Number: CASE NO. CV 14-00938-CAS-PJW
• Court: U.S. District Court — Central District of California
• Parties: Dr. Alisa Wolf, an individual, Actors for Autism, a California corporation, Plaintiff, v. Joseph “Joey” Travolta, an individual d/b/a Inclusion Films ; Inclusion Wear, LLC, a California Limited Liability Company; Little Documentary Films, LLC, a California Limited Liability Company, Defendants.

167 F.Supp.3d 1077

Dr. Alisa Wolf, an individual, Actors for Autism, a California corporation, Plaintiff,

v.Joseph “Joey” Travolta, an individual d/b/a Inclusion Films ; Inclusion Wear, LLC, a California Limited Liability Company; Little Documentary Films, LLC, a California Limited Liability Company, Defendants.

CASE NO. CV 14-00938-CAS-PJW

United States District Court, C.D. California.

Signed March 4, 2016

Justin C. Sterling, The Sterling Firm APLC, West Hollywood, CA, Shanen Reid Prout, Law Office of Shanen R. Prout, Craig L. Chisvin, Chisvin Law Group APC, Los Angeles, CA, for Plaintiff.

John Sung Cha, Steven Thomas Gebelin, Raines Feldman LLP, Beverly Hills, CA, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Dkt. 142, filed December 11, 2015)

CHRISTINA A. SNYDER

, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

On February 6, 2014, plaintiff Alisa Wolf (“Wolf”) filed her original complaint in this lawsuit against defendant Joseph “Joey” Travolta, d.b.a. Inclusion Films (“Travolta”), asserting one claim for infringement of plaintiff's copyright in a written curriculum and program guide dated May 10, 2006 and entitled, “Practical Film Vocational Program For People with Developmental Disabilities” (the “first work” or “the May 2006 Work”). See Dkt. 1. On March 11, 2014, Wolf filed a first amended complaint adding defendants Inclusion Wear, LLC and Little Documentary Films, LLC to her copyright infringement claim. Dkt. 9. On September 2, 2014, the Court denied Wolf's motion for a preliminary injunction. Dkt. 37.

On September 29, 2014, upon stipulation by the parties, Wolf filed a second amended complaint, adding state law claims (collectively, the “state law claims”) for (1) misappropriation of trade secrets; (2) conversion; (3) interference with economic relationships; (4) breach of fiduciary duty; and (5) violation of California Business and Professions Code section 17200, et seq.

(California's unfair competition law, or the “UCL”). Dkt. 39. Also on September 29, 2014, defendants filed an Amended Answer to the First Amended Complaint and Counterclaims. Dkt. 40. On November 24, 2014, the Court dismissed defendants' counterclaims and Wolf's claims for misappropriation and conversion, all without prejudice and with leave to amend. Dkt. 79.

On December 18, 2014, plaintiff filed a third amended complaint that did not add any parties or claims for relief. Dkt. 84. On March 8, 2015, plaintiff filed a motion for leave to file a fourth amended complaint, which sought to add over thirty new parties and over twenty new claims for relief. Dkts. 93, 94. On April 1, 2015, the Court denied plaintiff's motion for leave to amend, thereby striking plaintiff's proposed fourth amended complaint. Dkt. 1.

On August 5, 2015, upon stipulation by the parties, Wolf filed the operative fourth amended complaint, adding co-plaintiff Actors for Autism

(“AFA”) and asserting, for the first time, an additional claim for infringement of Wolf's copyright in a written work dated September 5, 2006, and entitled, “Actors for Autism Practical Film Program Proposal” (the “second work” or “the September 2006 Work”). Dkt. 132 (“FAC”). The operative complaint thus asserts two claims for copyright infringement (with one claim first asserted on February 6, 2014, and the other first asserted on August 5, 2015), and five state law claims (all first asserted on September 29, 2014).

On December 11, 2015, defendants Travolta, Inclusion Wear, LLC, and Little Documentary Films, LLC (collectively, “defendants”) filed a motion for summary judgment as to all of plaintiffs' claims. Dkt. 142 (“Motion”). On December 21, 2015, plaintiffs filed an opposition to defendants' motion. Dkt. 144 (“Opp'n”). On December 28, 2015, defendants filed a reply. Dkt. 146 (“Reply”).¹ On January 25, 2016, the Court provided the parties with a tentative order and held oral argument. Dkt. 182.

On February 4, 2016, the Court provided the parties with a revised tentative order, advising plaintiffs that the Court was inclined, on its own motion, to grant summary judgment in favor of defendants as to the entirety of plaintiffs' two copyright claims.² Dkt. 183. The Court accordingly requested supplemental briefing on whether there were genuine disputes of material fact regarding alleged copyright infringement in the three years preceding Wolf's filing of this action. Id. On February 12, 2016, plaintiffs filed a supplemental brief meant to address this narrow issue. Dkt. 184 (“P's Supp. Brief.”). On February 22, 2016, defendant filed a supplemental response. Dkt. 185. (“D's Supp. Brief”).

On February 25, 2016 the Court provided the parties with an additional revised tentative order, dkt. 187, and on February 29, 2016, the Court held a final oral argument on the motion. Having carefully considered the parties' arguments, the Court finds and concludes as follows.

II. BACKGROUND

A. The Relevant Factual Background

Plaintiff Alisa Wolf met defendant Joseph “Joey” Travolta after she read an August 2003 newspaper article describing Travolta's film classes, his prior work with disabled children, and his vision for a “practical film school.” Dkt. 142-1 (Defendants' Statement of Undisputed Facts (“DS”)) at ¶ 1; Dkt. 175 (Plaintiffs' Amended Statement of Undisputed Facts (“PS”)) at ¶ 1. After meeting, Wolf and Travolta worked together to incorporate autistic children, like Wolf's son, into Travolta's acting programs. DS at ¶ 2; PS at ¶ 2. In December 2004, Wolf established Actors for Autism

(“AFA”), a non-profit organization that provides performing arts and film-making programs for individuals with disabilities, including persons on the autistic spectrum. Dkt. 142-3 (February 9, 2015 Declaration of Alisa Wolf (“Wolf Decl. II”)) at ¶¶ 17, 45. Wolf served as AFA's Executive Director, while Travolta served as its President. Id. at ¶ 45; see also DS at ¶ 3; PS at ¶ 3.

In late 2005, Wolf and Travolta met with representatives of the Lanterman Regional Center (the “Center”), including Director of Community Services Karen Ingram (“Ingram”), regarding whether the Center would “vendorize” (i.e, authorize payments towards) AFA's own acting classes for autistic children. DS at ¶ 4; PS at ¶ 4. The parties dispute what occurred during this meeting. According to defendants, when representatives from the Center asked about potential vocational skill programs, Travolta responded by “proposing the use of his long gestating idea for a practical film school for the center's clients.” DS at ¶ 5. In a declaration, Travolta avers that after the meeting, he “instructed [plaintiff] Wolf [to put] together documentation for [his] vocational film program idea for submission to the Center,” which he then “reviewed and edited.” Dkt. 142-2 (December 11, 2015 Declaration of Joseph “Joey” Travolta (“Travolta Decl.”)) at ¶ 3; DS at ¶ 6. Travolta subsequently made efforts to obtain a slate of films for production that would serve as “the backbone” for the program. DS at ¶ 8; PS at ¶ 8. Wolf denies that Travolta ever made any proposal during the meeting with the Center, insisting instead that it was Wolf who, during the meeting, mentioned “[her] original concept for the Practical Film Vocational Program for adults with disabilities”:

Th[e] program would be for adults on the autistic spectrum to learn skills in the technical side of film-making in order to obtain employment in the film industry. Defendant Travolta and Ms. Ingram had absolutely no input regarding my Practical Film Vocational Program for adults with disabilities, as it was solely my original concept which I was disclosing to them at the meeting for the very first time.

Wolf Decl. II at ¶ 57.

Months after the meeting, in a letter dated April 13, 2006 and addressed to “Joey Travolta, Actors for Autism

, 831 S. Main Street, Burbank, CA 91506,” Karen Ingram stated that the Center had approved “the film-making program” at “the rate of $10,000 for the 6 month program.” Travolta Decl., Ex. O (“April 13, 2006 letter”); see also Wolf Decl. II at ¶¶ 64-65; DS at ¶ 7, PS at ¶ 7. The letter also indicated that in order to “complete the service design,” additional information regarding the program was needed, including, inter alia , the entrance criteria, referral process, exit criteria, and outcomes. Travolta Decl., Ex. O.

Travolta and Wolf ended their professional collaboration in the summer of 2006. DS at ¶ 9; PS at ¶ 9. Specifically, Travolta resigned his position as President of AFA, effective July 11, 2006, and AFA moved out of the offices and performance space that Travolta had previously permitted the organization to use without payment of rent. DS at ¶¶ 9-10; PS at ¶¶ 9-10. Wolf avers that around this time, Travolta formed a separate business entity of his own. Wolf Decl. II at ¶ 94. Shortly thereafter, on August 11, 2006, Wolf registered the first of her two copyrighted works, “Practical Film Vocational Program For People with Developmental Disabilities,” with the United States Copyright Office. DS at ¶ 11; PS at ¶ 11; Dkt. 142-3 (“Gebelin Decl.”), Ex. E (Practical Film Vocational Program, dated May 10, 2006).

In a letter dated September 19, 2006, Wolf sent a “completed proposal for [a] practical film program” on behalf of Actors for Autism to the Center's Karen Ingram. Gebelin, Ex. G; DS at ¶ 13; PS at ¶ 13. Wolf avers that she sent this letter “based on [the] agreement reflected in [Ingram's] letter dated April 13, 2006.” Wolf Decl. II at ¶ 97. While awaiting a response from the Center, the AFA Board of Directors held a board meeting on December 4, 2006. See id. at ¶ 108; see also Gebelin Decl., Ex. I (December 4, 20006 meeting minutes).³

Wolf avers that at this meeting, she informed the Board of Directors of Actors for Autism of her concerns that Travolta was “using [her] program without permission.” Id. at ¶ 108. Wolf also states that she shared with the Board the advice of an attorney, Shannon Nash (“Nash”), whom Wolf had contacted “to get her opinion” regarding...