Wind Dancer Production Group v. Walt Disney Pictures

Opinion

ZELON, J.

Plaintiffs and appellants are writers and producers who entered into a profit participation agreement with defendant and respondent Walt Disney Pictures regarding their work on the television series, Home Improvement. The parties’ agreement includes an “incontestability” clause, which requires a participant to object in specific detail to Disney’s quarterly participation statements within 24 months after the date sent, and to initiate a legal action within six months after the expiration of that 24-month period. In July 2008, following an audit of Disney’s books of account,…