Hudgens Gets Schooled in Contract Suit

"High School Musical" star's bid to dismiss lawsuit from former lawyer is denied

By Gina Serpe Dec 05, 2007 7:00 PMTags

Turns out youth isn't the most valued commodity in Hollywood: Contracts are.

A Los Angeles judge has ruled in favor of Vanessa Hudgens' former attorney Brian Schall, allowing the lawyer to proceed with his breach-of-contract suit filed against the actress in September, in which he claims he's owed $150,000 in back commission from the High School Musical star.

Hudgens filed papers of her own in October seeking to get the suit thrown out on the grounds that she was just 16 years old when she signed the contract with Schall.

Hudgens' lawyer, Evan N. Spiegel, cited California's Family Code in the bid to dismiss the lawsuit, which "provides that the contract of a minor is voidable and may be disaffirmed before [age 18] or within a reasonable time afterward."

However, Los Angeles Superior Court Judge Tricia Ann Bigelow said in court Wednesday that the debate over the disaffirmation had turned into a "factual issue." That fact was that the Disney star waited until she was 18 years and nine months old before attempting to void the contract, which cleared the way for the case to proceed to either a motion for summary judgment or a jury decision.

Hudgens' attorney was given 15 days to respond to the suit. And he was given a few pointers on what not to include in his petition by Bigelow herself.

In court, Spiegel noted Schall's signature on various court documents, claiming he had signed the name Brian C. Schall on the suit, while he operated under the name Brian L. Schall. He argued that the initial variation alone should warrant the suit's dismissal. Bigelow, however, roundly rejected the argument.

"You're losing credibility with me," she said. "Your strongest argument is the disaffirmance."

In the suit, which also claims unjust enrichment against the actress, Schall argued that his wheelings and dealings had helped the now nearly 19-year-old Hudgens earn more than $5 million stemming from her songwriting and recording career and that he advanced her expenses and costs during the time they worked together.

Per the terms of the initial contract, signed in October 2005, Schall claims that Hudgens agreed to pay him five percent of her gross earnings from all recording deals and to continue paying him until 12 months after their lawyer-client relationship ended. He claimed in his filing that the teen star "has paid some, but not all, of the money owed."

For her part, Hudgens countered in her own documents that she fired Schall earlier this year after growing weary of his representation, dubbing his services "below professional standards, resulting in a breakdown of their relationship."

In her filing, she also included a copy of her birth certificate showing her Dec. 14, 1988 birthday, as well as a copy of a letter she issued to Schall Oct. 9 officially disaffirming the contract.

The next hearing in the matter is scheduled for Jan. 15.