Opinion · Court of Appeals for the Ninth Circuit

Sonya Jason v. Jane Fonda

698 F.2d 966

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 1982-12-01
Topic: litigation

How later courts describe this case

deciding there was no substantial similarity as a matter of law by comparing screenplay and film without reference to expert testimony
holding book sales of approximately 2,000 copies did not create more than a bare possibility of access

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UpLaw has not yet analyzed Sonya Jason v. Jane Fonda. The absence of a flag is not a finding that it is good law.

Cited by: 50 opinions

SONYA JASON, v. FONDA,698 F.2d 966(9th Cir. 1982)

SONYA JASON, PLAINTIFF-APPELLANT, v. JANE FONDA, ET AL.,

DEFENDANTS-APPELLEES.

No. 81-5973.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted October 6, 1982.

Decided December 1, 1982.

Sonya Jason, in pro. per.

Ronald S. Rosen, Los Angeles, Cal., for defendants-appellees.

On Appeal from the United States District Court for the Central District of California.

Before ANDERSON, PREGERSON, and NELSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

[1] Sonya Jason brought an action against Jane Fonda and eight other defendants for copyright infringement, unfair competition, misappropriation, and breach of implied contract. Mrs. Jason's primary allegation was that the defendants' motion picture,Coming Home,infringed on the copyright in her novel,Concomitant Soldier—Woman and War.The district court granted the defendants' motion for summary judgment and dismissed the other claims. We affirm.Page 967

[2] Our review of the facts and issues leads us to concur in the well-reasoned decision of Judge Kelleher filed September 21, 1981.526 F. Supp. 774(C.D.Cal. 1982). We therefore incorporate his memorandum of decision by reference. Judge Kelleher aptly points out:

(1) Mrs. Jason presented evidence showing no more than a "bare possibility" the defendants had access to her work. Such a showing is insufficient to create a genuine issue of material fact.See British Airways Board v.Boeing Company,585 F.2d 946, 952 (9th Cir. 1978),cert. denied,440 U.S. 981[99 S.Ct. 1790, 60 L.Ed.2d 241] (1979);

(2) Even assuming access, there was no substantial similarity between the two works under the standards announced by this court inSid MartyKrofft Television Productions, Inc. v. McDonald'sCorp.,562 F.2d 1157(9th Cir. 1977); and

(3) It is proper to dismiss pendent state claims when the federal claim is dismissed prior to trial.Wham-O Mfg. Co. v. Paradise Manufacturing Co.,327 F.2d 748, 753 (9th Cir. 1964);see also, Wrenv. Sletten Construction Co.,654 F.2d 529, 536 (9th Cir. 1981).

[3] Additionally, Judge Kelleher did not abuse his discretion in handling discovery nor in denying Mrs. Jason's motion for reconsideration.

[4] The appellees' request for sanctions and attorney's fees is denied. Single costs are allowed.

[5] The judgment of the district court is AFFIRMED.