In Mann v. Columbia Pictures (1982) 128 Cal. App. 3d 628, the appellate court affirmed the trial court's grant of judgment notwithstanding the verdict following a jury verdict of $ 185,000 for the plaintiff based on an implied-in-fact contract. The plaintiff contended her 29-page written format was submitted to Columbia and later used in the motion picture production Shampoo. The court concluded that the plaintiff's evidence was insufficient to infer the defendant's access to her treatment (id. at p. 644) or, at the least, any inference of access and use was "rebutted by clear, positive and uncontradicted evidence." (Id. at pp. 648, 650-651.) There was "extensive evidence" on the author's prior creation of the Shampoo screenplay (id. at p. 645), and the appellate court held that the plaintiff's evidence was "legally insufficient to support a recovery." (Id. at p. 651.)