A judge said today he believes some of the claims of “Bones” stars Emily Deschanel and David Boreanaz and two of the show’s executive producers — all of whom are seeking profits from the show — may belong in arbitration.
Los Angeles Superior Court Judge Richard Rico took the case under submission and said he would rule within a week or two, without saying which claims he thought may need to be arbitrated and which should stay before him.
Lawyer Glenn Pomerantz, on behalf of 20th Century Fox Television, urged the judge to order all of the claims arbitrated, while attorneys for Deschanel, Boreranaz and executive producers Kathleen Reichs and Barry Josephson said none of them should.
Josephson started the litigation by suing Fox on Nov. 25. Deschanel, Boreanaz and Reichs filed their separate complaint five days later. The plaintiffs in both cases are seeking millions of dollars.
Attorney John Berlinski, on behalf of Deschanel, Boreanaz and Reichs, said Fox’s arbitration petition should be denied because his clients’ lawsuit primarily concerns the network’s alleged refusal to pay monies owed.
“This is a case about under-payment of profits,” Berlinski said. “They have failed to pay us monies due.”
Berlinski declined after the hearing to guess which claims Rico hinted may need to be arbitrated and said he hoped the judge decides that none of them do.
Pomerantz said the parties intended under their agreements to arbitrate any disputes.
“All we have to do is offer a plausible interpretation of the contract,” Pomerantz said.
Reichs is a forensic anthropologist who authored the “Temperance Brennan” novels on which “Bones” is based and the Brennan character is portrayed by Deschanel. Reichs alleges she is owed a 5 percent profits share, while Deschanel and Boreanaz maintain they are entitled to 3 percent.
Josephson maintains the network underreported more than $20 million in monies, leaving less money to be paid to him.
The suits include such claims as breach of contract, breach of the implied covenant of good faith and fair dealing and fraudulent inducement.
