FLEET v. CBS, INC.

Docket No. B100377.

50 Cal.App.4th 1911 (1996)

STEPHAN FLEET, a Minor, etc., et al., Plaintiffs and Appellants, v. CBS, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

November 26, 1996.


Attorney(s) appearing for the Case

COUNSEL

Bigelow, Moore & Tyre, Franklin T. Bigelow, Jr., James S. Tyre and Anne Reid Oppermann for Plaintiffs and Appellants.

Davis Wright Tremaine, Kelli L. Sager and Karen N. Frederiksen for Defendants and Respondents.


OPINION

BARON, J.

In this case we are asked to decide a very narrow issue: whether an actor may bring an action for misappropriation of his or her name, image, likeness, or identity under section 3344 of the Civil Code when the only alleged exploitation occurred through the distribution of the actor's performance in a motion picture. The trial court concluded that to the extent California law would permit such claim, it was preempted...

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