Darmour Productions Corp. v. Herbert M. Baruch Corp.

ARCHBALD, J.,

pro

tem.

Plaintiff’s amended complaint alleges that on and prior to August 12, 1930, it was engaged in the production of a certain moving picture and had in its employment and under contract a large number of persons as.actors therein, among whom was one Ann Christy; that up to the time mentioned said actress had taken leading parts in said picture and appeared in various scenes and portions thereof already photographed and completed; that plaintiff • had expended large sums of money on said production; that said Ann Christy “is of a special and unique type of motion picture actress whose appearance, action and characteristics cannot

easily

be duplicated or represented by any substitute or double whom plaintiff might

easily

employ for the completion of said picture” (italics ours); that on said date said Ann Christy was injured by the negligence of defendants, as specified, by reason whereof she was unable to continue in said employment, and that as a direct result of such injury plaintiff was deprived of her services to its damage in the sum of $20,000. A demurrer on both general and special grounds was interposed to such complaint and was sustained with leave to amend. Plaintiff elected to stand on its amended pleading, and final judgment in favor of defendants was entered, from which this appeal is taken.

Appellant urges that the complaint is not obnoxious to either the general or special demurrers, and that the right of action involved here exists by statute.

Section 49 of the Civil Code provides that “The rights of personal relation forbid ... 4. Any injury to a - servant which affects his ability to serve his master.” One of our legislative maxims of jurisprudence provides that “For

[353]

every wrong there is a remedy” (sec. 3523, Civ. Code).