Moctesuma Esparza, who worked on the 1997 feature film about the late Tejano superstar, is pursuing litigation over the recent Netflix series
According to Esparza, he and Selena’s father, Abraham, established a joint venture in 1995 that would be assigned movie and television rights to Selena’s stories. The following year, that venture made deals with Warner Bros., which produced a film starring Jennifer Lopez as the title character.
Esparza alleges that the joint venture was to hold on to rights until the expiration of the copyright of the movie, while Selena’s family has insisted that a contract amendment had rights reverting back to the family. There appears to be a dispute over whether Warner Bros. had to consent to the reversion. Interestingly, there’s some indication from the court filings that when Warner Bros. learned of the Netflix series, it objected and soon achieved a settlement.
In any event, L.A. Superior Court Judge Maurice Leiter has now ruled that Esparza’s contract claim against the Quintanilla family has sufficient merit to overcome a motion aimed at quickly defeating plaintiff’s claim. The judge also accepts claims of breach of fiduciary duty, breach of fair dealing, unjust enrichment, negligent misrepresentation and fraudulent concealment.
The family is at least successful in getting the judge to nix claims of tortious interference and misappropriation of publicity rights.
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