Ferguson
v.
Writers Guild of America, West, Inc.

226 Cal.App. 3d 1382, 277 Cal Rptr. 450 (1991)

What's Going On?

Plaintiff (screenwriter) appeals from a decision denying his request for a writ of mandate instructing an arbitration committee to give him sole credit for writing a screenplay.

Who's Who?

Plaintiff     :

Larry Ferguson – screenwriter hired by Paramount Pictures Corp. to write a screenplay for the movie, “Beverly Hills Cop II.”

Defendant :

Writers Guild of America, West, Inc. – union representing motion picture writers.

Facts:

Paramount Pictures Corporation hired Plaintiff Larry Ferguson to write a screenplay for a motion picture entitled “Beverly Hills Cop, II.” Plaintiff, dissatisfied with Paramount's award of writing credits for the movie, requested that Defendant Writers Guild of America, West, Inc. commence arbitration proceedings. Upon receipt of the request, Defendant's credit arbitration secretary followed the procedure for arbitration of credits, which is as follows: The arbitration secretary selects three arbitrators to evaluate all writings and materials upon which the screenplay or story is based, in order to make a credit determination. The arbitrators work independently of each other, without knowledge of the identity of the other arbitrators. Within 24 hours of the credit determination, any party may request a policy review board to review the process employed by the arbitrators. The policy board's decision is final. Defendant determined that Plaintiff and another individual would get credit for writing the screenplay, and two others would get credit for the story. The policy board confirmed that decision. Plaintiff petitioned the court for a peremptory writ of mandate requiring Defendant to make a new credit determination giving Plaintiff sole credit for both the screenplay and the story. Plaintiff submitted all screenplay and story materials to the court. Plaintiff claims, in part, that Defendant's arbitration secretary improperly consulted with the arbitrators, that Plaintiff was denied the opportunity to submit additional story materials to the arbitrators, and that Plaintiff had been hired to write an entirely new draft of the screenplay that the other writers had produced. Plaintiff also challenged the rulings of the superior court denying his requests to take the deposition of the other writer who was awarded a shared screenplay credit, and to compel Defendant to reveal the name of the three arbitrators.

Issue:

Is it within a court's scope of review to review the merits of an arbitrator's award?

Decision:

No. Disputes over writing credits for motion pictures are nonjusticiable. Judges are as capable as any lay person in assessing the relative contributions of participating writers to a screenplay; however, Defendant's members have agreed that this delicate task is to be performed by its own arbitration committees. The fact that Defendants and its members have agreed to the finality of the policy review board's decision indicates their members' intention that credit disputes be resolved without resort to expensive litigation. In reviewing Plaintiff's claims of procedural irregularities, the court accords deference to the policy board decision in light of its members' expertise in credit determination. Judicial review of Defendant's credit determination is limited to considering whether Plaintiff has demonstrated a material and prejudicial departure from its normal credit determination procedures. A review of the record shows that Plaintiff has not demonstrated such a departure. Plaintiff's contention that Defendant should have revealed the name of the arbitrator is unfounded because Defendant has established a well-known and unvarying rule that the identities of the arbitrators shall remain unknown. Affirmed.

Basic Rule:

Judicial review of arbitration proceedings is limited to considering whether there has been a material and prejudicial departure from the arbitrator's normal arbitration procedures.

Terms:

Peremptory writ :

At common law, an original writ instructing the sheriff to have the defendant appear in court after the plaintiff provides security for the prosecution of the claims, where general damages are sought.

Writ of mandate :

A court order that directs a government official, public body, or another court to perform a specified act.

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