Judge Holly J. Fujie, Case Number: 24STCV03814, Date: 2025-02-24 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

The Court has considered the moving papers. No opposition has been filed. Any opposition must have been filed by February 7, 2025. (Code of Civil Procedure (“CCP”), § 1005, subd. (b) [opposition must be filed at least nine court days prior to the hearing].)

This case stems from the production and distribution of a 1968 film adaptation of Romeo and Juliet (the “Film”), directed by Franco Zeffirelli and starring plaintiffs Olivia Hussey (“Ms. Hussey”) and Leonard Whiting (“Mr. Whiting”) (collectively, “Plaintiffs”) as the title characters. At the time of filming, both Hussey and Whiting were minors. The Film was originally released in theaters in 1968, was released on DVD in 2000 and re-released on Blu-ray digital in 2023. At issue in the present action is the most recent 2023 digital release of the Film. The operative First Amended Complaint (“FAC”) filed on March 4, 2024, asserts the following causes of action: (1) unlawful distribution of intimate photographs; (2) use of likeness; (3) violation of Performers Rights Act of the United Kingdom; (4) Civil Code 1708.85(a); and (5) 15 U.S.C. § 6851(b).

On December 2, 2024, Paramount filed the instant motion for attorneys’ fees (the “Motion”), based upon this Court’s granting of an Anti-SLAPP motion. The Motion is unopposed.

Pursuant to Evidence Code section 452, subdivision (h), the Court may take judicial notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.”

The Court takes judicial notice of the fact that Ms. Hussey died on December 27, 2024.

In the instant Motion, Paramount requests a determination of attorneys’ fees against both Plaintiffs, including the deceased Ms. Hussey. The record shows that no personal representative or successor in interest has yet been substituted in for Ms. Hussey. Thus, the Court requests further briefing as to how this issue should be handled in light of Ms. Hussey’s passing. The Court orders that the parties file and serve simultaneous additional briefing on this subject of no more than five pages by April 1, 2025.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Hon. Holly J. Fujie

Judge of the Superior Court