Greene v. True Crime CA2/4

Filed 3/11/16 Greene v. True Crime CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

ANNE GREENE, B260333 c/w B261349

Plaintiff, Cross-Defendant and (Los Angeles County Appellant, Super. Ct. No. BC497183)

v.

TRUE CRIME, LLC,

Defendant, Cross-Complainant and Respondent.

APPEAL from orders of the Superior Court of Los Angeles County, Barbara M. Scheper, Judge. Affirmed in part, reversed in part. Fink & Steinberg, Keith A. Fink and Olaf J. Muller, for Plaintiff, Cross- Defendant, and Appellant. Reed Smith, Harrison J. Dossick, Zareh A. Jaltorossian, and Christine M. Neuharth, for Defendant, Cross-Complainant, and Respondent.

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Appellant Anne Greene appeals from an order denying her special motion to strike the cross-complaint of respondent True Crime LLC (True Crime) and an order granting True Crime’s motion for attorney fees under the anti-SLAPP statute (Code Civ. Proc., 1 § 425.16). We affirm the order denying the special motion to strike and reverse the order granting attorney fees.

FACTUAL AND PROCEDURAL SUMMARY True Crime produced an episodic pay television series titled “Femme Fatales.” Greene auditioned for a lead role in an episode titled “Jailbreak.” She was offered the role, accepted, and entered into a written employment agreement with True Crime. As part of the employment agreement, Greene signed a personal release and a nudity rider. The nudity rider required Green to acknowledge that she had been advised by True Crime that her role might require her to “appear and perform in nude scenes and/or simulated lovemaking scenes.” Production of the Jailbreak episode was scheduled for three days, but a fourth day was added because filming was not completed within the three days. During production, Greene expressed that she was uncomfortable performing certain scenes. Greene quit on the third day of production and did not return for the final scene on the fourth day. Subsequently, Greene filed a lawsuit against True Crime alleging the following causes of action: (1) violation of California Government Code section 12940 (sexual harassment); (2) intentional infliction of emotional distress; and (3) negligent hiring/supervision. Greene’s complaint included the following allegations: she prepared for the script she had been given and had not been uncomfortable with scenes in that script, but on the first day of production, a rewritten script required her to perform simulated sexual intercourse and nude scenes without the proper health and safety protections; when she informed True Crime she was uncomfortable with the rewritten