(CN) - A Los Angeles superior court judge dismissed claims against a Canadian financier over a sports movie starring Martin Lawrence.
Citing lack of jurisdiction in February 2012, Superior Court Judge John Reid granted the motion to quash service of Roy Murad and his companies, Bridge Capital and Link Resource Partners.
The order tossed claims that Murad and his companies defrauded Blue Rider Finance in connection with a $2 million loan to produce "Season Tickets," a movie that was supposed to star Lawrence and Zach Galifianakis.
It also noted that Murad and his companies "shall be entitled to an award of costs pursuant to an appropriately filed motion for costs."
Though the parties have filed briefs over fees, and the court held a hearing on May 2, 2012, the case docket does not reflect any further update.
Murad and his companies moved for an award of about $21,700 in attorney's fees on Feb. 21.
The motion for fees notes support in the civil code, the code of civil procedure "and on the grounds that plaintiff's complaint pleads the existence of a contract that permits an award of attorney's fees."
"In the complaint, specifically paragraph 4 of the prayer, plaintiff sought an award of attorney's fees," the motion states. "Accordingly, plaintiff put in play the issue of an award of attorney's fees. In the situation, defendants are entitled to an award of fees for successfully defending the action."
Blue Rider opposed the motion on April 6, disputing application of the code of civil procedure as well as the nature of the alleged "contract."
"Defendants' motion states that plaintiff pleads the existence of a contract," Blue Rider said. "Defendants' motion carefully avoids alleging that the contract, allegedly pled, is between plaintiff and any one of the defendants as parties, because there is no such contract, express or even implied. Plaintiff's complaint does refer to several contracts, but there is not one contract, wherein plaintiff and any one of the defendants are parties and, as will be set forth below, they must be parties to an agreement at a minimum, plus a covenant to award attorneys fees, if attorneys fees are to be awarded.
"Therefore, if there are attorneys fees to be awarded, they must be awarded by agreement between plaintiff and defendants."
Woodland Hills, Calif.-based lawyer Gary Kurtz and his co-counsel Nicholas Hariton in Los Angeles moved for fees on behalf of Murad and his companies.
Los Angeles-based attorney Jeffrey Konvitz signed Blue Rider's opposition brief.