Judge rules that breach of contract suit can proceed

A Los Angeles judge threw out a fraud claim filed by cast members from “Happy Days” charging that CBS never intended to pay them money for merchandise sales derived from the classic sitcom.

Anson Williams, Don Most, Marion Ross and Erin Moran, as well as the widow of Tom Bosley, sued CBS earlier this year for at least $10 million, claiming that they have not been provided revenue statements from the show, even though their likeness was used on everything from DVDs to slot machines.

Los Angeles Superior Court Judge Elizabeth Allen White threw out their fraud claim, but they can proceed on a breach of contract claim.

“We are thrilled that the court has thrown out all claims for punitive damages and significantly narrowed this to a case of contract interpretation,” CBS said in a statement.

The actors’ attorney, Jon Pfeiffer, could not immediately be reached. But he told CNN that they intend to proceed with the litigation. “If we can’t punish the defendants, we certainly intend to expose their practices,” he said.

“Happy Days” aired on ABC from 1974 to 1984 but Paramount Television, since folded into CBS, produced the series.

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