Periwinkle Entertainment, Inc. v. The Walt Disney Company Court Filing retrieved [redacted] is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This part is 9 of 12.
46. Plaintiff incorporates by reference and realleges each and every allegation in paragraphs 1 through 45 of this Complaint, inclusive, as though fully set forth herein.
47. Plaintiff and Marvel were parties to the Agreement, which is a valid and binding contract.
48. At all relevant times, Disney was aware of the Agreement and its terms.
49. On information and belief, Disney intentionally and improperly induced Marvel to breach its agreement with Plaintiff by releasing the film on Disney+ simultaneously with its release in theatres, in violation of the Agreement which required a “theatrical release of the Picture” as the parties understood that term at the time of contracting, meaning an exclusive theatrical release of the Picture. But for Disney’s actions, Marvel would not have breached the Agreement.
50. Through the conduct described above, Disney intended to disrupt or prevent Marvel’s performance under the Agreements, and did disrupt or prevent that performance.
51. Through its conduct, Disney caused damage to Plaintiff by, among other things, cannibalizing box office receipts for the Picture and reducing Plaintiff’s deferred compensation and box office bonuses under the Agreement, in an amount to be proven at trial.
52. Disney’s conduct was a substantial factor in causing Plaintiff’s harm.
53. In engaging in the misconduct alleged herein, Disney acted with malice, oppression, or fraud, and in willful disregard of Plaintiff’s rights and interests, thus entitling Plaintiff to an award of punitive damages in an amount appropriate to punish or make an example of Disney pursuant to Civil Code § 3294.
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