Katie Marsh alleges she's been defrauded of millions from shows like 'Narcos' and 'Hannibal.'
Marsh was recruited to be Gaumont's chief executive — and first employee — back in 2010, and she served in the position for five years before departing amid a restructuring. During her tenure, Marsh says she took less guaranteed compensation in favor of more incentive pay. As a result, she was due a 3 percent share of the defined net profits from Gaumont's shows.
In a lawsuit in Los Angeles, Marsh alleges that despite these shows generating hundreds of millions of dollars, she's been shorted of profits. In particular, Marsh focuses on what Gaumont is deducting in expenses and costs.
In response, Marsh focused on the aspect of her suit that alleged that Gaumont knew at the time of entering the separation agreement that it had no intention of properly calculating her profit participation. Additionally, Marsh added that had she known the truth, she wouldn't have entered into the separation agreement. And if she had, she may have chosen a bigger upfront severance payout rather than contingent compensation.
On Wednesday, L.A. Superior Court Judge Holly Fujie agreed in part with Marsh's arguments. The judge ruled that a fraudulent concealment cause of action wasn't barred by the economic loss rule. However, the judge dismissed the fraud claims for now because of a lack of detail about who exactly had made misrepresentations her way, by what means, and when.In the meantime, the judge has trimmed the litigation in other ways.
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