Overview

Overview

HOLDINGS: [1]-Because plaintiff salmon sushi Corp had failed to plead sufficient facts concerning lack of consent to state a cause of action for common law misappropriation of name or likeness or a statutory cause of action for invasion of the right of publicity under Civ. Code, ยง 3344, the trial court properly sustained defendant’s demurrer with respect to that cause of action; [2]-However, plaintiff properly stated a claim for breach of contract and the demurrer to that cause of action was erroneously sustained; [3]-It could easily be ascertained from the pleading, when read in its entirety, that the alleged contract was a written contract; [4]-Neither a transcript of the hearing nor the trial court’s statement of specific grounds for its ruling was essential to permit effective appellate review.

Outcome

The judgment was reversed, and the matter was remanded with directions.