11/16/2010

Lisa Kudrow's former manager is entitled to trial on claim that he had oral agreement requiring actress to pay post-termination commissions

Lisa Kudrow may have to pay her former manager commissions on money she earned after she fired him, even though the management agreement was simply oral. In an unpublished ruling, linked-to in an article in THR Esq , a California Court of Appeal has reversed a summary judgment against the manager, and has sent the case back to the trial court for further proceedings. Though their oral agreement said nothing about post-termination commissions, the manager contended that it is customary for such commissions to be paid. The Court of Appeal ruled that he was entitled to prove that, if he could, because custom may be used to explain apparent ambiguities.