SC124219

MTG INC. v. NICOLA SIX

Defendants’ Motion for Summary Judgment of Plaintiff’s Complaint is DENIED.

ANALYSIS: Defendants argue the undisputed facts establish that Plaintiff is material breach of the Loan Out Agreement and Producer Agreement. Because Plaintiff is in material breach of these agreements, Defendants are excused from performing their obligation to pay Plaintiff $300,000. Plaintiff materially breached the agreements by failing to provide Defendants with an answer print on schedule and failing to complete the film within the approved budget. The undisputed facts demonstrate that Plaintiff has failed to comply with either obligation.

Plaintiff argues Defendants are responsible for any production and post- production delays due to the disputes they caused with the director and star actress, Amber Heard, their perpetual lack of funding, their disorganization and Defendants’ other interference wit........