Tostevin v. Douglas

In Tostevin v. Douglas (1958) 160 Cal.App.2d 321, the plaintiff filed an action for declaratory relief and accounting, alleging that he had entered into an oral agreement with the defendants to work on a travel television show for a salary of $50 a week that the defendants had repudiated and refused to abide by. (Id. at p. 324.) After the plaintiff filed a third amended complaint, the trial court granted the defendant's motion to strike and entered a judgment of dismissal. (Ibid. ) Tostevin concluded that the plaintiff had failed to state a cause of action, because the agreement at issue was invalid under the statute of frauds. (Tostevin, supra, 160 Cal.App.2d at p. 328.) The agreement was for services in connection with the travel television series to be produced and contained no definite time period for the plaintiff's performance. The court concluded that "since it was clear from the pleadings that payment was to continue so long as the program was broadcast throughout the world, the parties must have contemplated that the continued performance of the contract was to last more than one year from the date of making, as indeed it did." (Ibid.)