Photo: Jamie McCarthy / Getty Images Entertainment / Getty Images
LOS ANGELES (CNS) - Nu Image/Millennium Films and Padre Nuestro Productions LLC have filed new court papers asking that most of Gerard Butler's lawsuit alleging he is owed at least $10 million in compensation for the 2013 movie "Olympus Has Fallen" should be dismissed, arguing the essence of his case is a breach-of-contract claim.
Butler, 53, sued Nu Image/Millennium Films and Padre Nuestro in Los Angeles Superior Court in July 2021, maintaining that the production companies understated domestic and foreign revenue by tens of millions of dollars and never reported $8 million given the firm's executives.
But in court papers filed Tuesday with Judge Jon R. Takasugi, defense attorneys maintain that Butler's causes of action for fraud, breach of the implied covenant of good faith and fair dealing, intentional interference with contractual relations and a request for an accounting should be dismissed.
The only wrongs allegedly committed by any of the defendants are PNP's purported violations of the terms of its agreement with Butler and the only harm Butler allegedly suffered is the cotractual/economic damages caused by PNP's purported breach or breaches, defense lawyers further maintain in their court papers.
"In other words, the only claim that reasonably arises or ever could arise from the allegations in (Butler's) complaint is against PNP for breach of contract," the defense attorney state in their court papers.
"Olympus Has Fallen" had worldwide earnings of $170 million. Butler also starred in two successful sequels, "London Has Fallen"* and "Angel Has Fallen," once again as U.S. Secret Service Agent Mike Banning.
According to the lawsuit, the production companies made tens of millions of dollars from "Olympus," but didn't share any of the gross revenue and profits promised to Butler according to the parties' contract.
"Instead, producers embarked on a scheme designed to grossly misrepresent the finances of the film to Butler so that Butler would believe that no such payments were due," the suit alleges.
A hearing on the defense's partial dismissal motion is scheduled Oct. 25.