"The year 1936 would prove to be a litigious one for Warner Bros. James Cagney made good on his numerous threats of legal action and filed a lawsuit against the studio in early March. The actor claimed Warner Bros had breached his contract by assigning him to more than four pictures a year and by failing to give him top billing in one of those films. The judge saw it Cagney's way and he was released from studio servitude. In the fall of the same year, Bette Davis faced off against Jack Warner himself in the British courts. Her counsel claimed that studio contracts rendered the actors "chattel in the hands of the producer," but this was a thinly veiled protest against the thankless parts she felt were beneath her talent. Davis lost her suit but gained the respect of her employer and went on to have a phenomenal career with Warner Bros. for the next thirteen years. What most don't realize is that before these now-legendary stars gave their studio battles a very public face, Ann Dvorak paved the way for both and was one of the earliest actors to use the legal system to rebel against her studio.
While Ann waited for Warner Bros. to let her return to work, she focused her energies on her home life, even serving a Thanksgiving dinner comprised solely of food raised on the ranch. As November came to a close and the studio still had not budged from its position, Ann felt she had no other choice but to hire an attorney. Leslie Fenton no doubt played a role in this decision, though how much of this was driven by him is unclear. Fenton had been engaged in steady freelance work for Universal, RKO, Columbia and Paramount, but the parts were small -- along with the paychecks -- and the loss of Ann's income of $1,500 a week was starting to take its toll. The couple was becoming desperate for some sort of resolution, but didn't want to find it on Warner Bros.' terms. The two decided using the legal system to press for a release from the contract was the best route to take.
In early December the Warner Bros. legal department met with Ann's attorney Louis B. Stanton. The studio reps became concerned the actress might actually have a case against Warner Bros. Stanton claimed that immediately after the suspension, Ann had been examined by three reputable physicians who "pronounced her in satisfactory physical condition for any practical purpose." He also asserted that Warner's doctor had made a "most superficial" examination that did not prove any physical incapacity. Additionally, Ann's own doctor was now stating that the verbal assessment he had provided to the studio confirming her poor health had been misinterpreted, and he would testify to that effect. Ann's doctor was also concerned that rumors of her being tubercular had been circulated by Warner Bros. as a a way to scare off any outside studios that might be considering the use of her services. In light of these developments, ANn's counsel stated that her contract had been breached when the suspension was issued on October 30 and demanded Ann's immediate release from all studio obligations. As a bargaining chip Ann was offering to appear in a few more films, if a mutual agreement to terminate the contract was established. Warner's lawyers were impressed enough with Ann's impending case that they advised the studio to consider settling with her. Jack Warner was not about to agree to any terms proposed by an actress. He decided to call Ann's bluff and take his chances, noting that even if she did manage to get out of her contract, he was "not going ot worry about losing her."
On December 17, 1935, the official complaint for declaration relief was filed at the Los Angeles Superior Court by "Leslie C. Fenton and Ann D. Fenton, husband and wife vs. Warner Brothers Pictures Inc., a corporation." The complaint charged that Ann's contract had been breached as the studio had "repeatedly refused to permit said actress to further perform any services whatsoever" and had "wholly failed, neglected and refused to pay said artist any sums whatsoever." The complaint also argued that during this time, Ann's contract with Warner Bros. had prevented her from seeking employment at other studios. Ann sought financial compensation for the time she was not allowed to work, the termination of her contract, and all legal costs incurred. The court date was set for February 14, 1936.
To take Ann's mind off the upcoming battle, the Fentons sailed from Los Angeles down to Panama, where they spent Christmas and the New Year. Upon returning they made one of their limited public appearances at the Hollywood Brown Derby where friends eagerly greeted them, with a few no doubt anxious to get details of the lawsuit. Throughout January Ann and her bosses exchanged correspondence in an attempt to reach an amicable agreement, but to no avail. The studio continued to insist that Ann agree to a full physical examination by one of its doctors and she continued to refuse. As the court date drew closer, Ann finally submitted to the medical examination by two doctors approved by the studio. The reports were sent to Warner Bros. which found them "not at all reassuring." The studio informed Ann, "We are unable to see how you can, in justice either to yourself or to us, perform under your contract." However, interested in avoiding court, the studio added, "While we are less than hopeful, we are anxious now, as we were when we lifted your former suspension, to have you back at work. We have decided again to give you the benefit of the doubt." Warner Bros. officially lifted her suspension on January 27, directing Ann to report to the Burbank studio on Feburary 3 at 10:00 a.m. Dvorak's attorney was irked by the studio contacting his client directly, and became even more incensed when Warner Bros. began repeatedly calling ANn's home after she did not report for work at the designated time. He requested that Warner Bros. communicate with Ann only through him, and sent a very clear message that the litigation would indeed continue. Since Ann was finally off suspension, the studio was once again generating her much-needed paychecks, though she was required to come in person to pick them up. Plus, the edict was to pay her only by check, not in cash. Under the advice of her attorney, Ann continued to stay away from the studio, even through it meant not getting paid.
On Friday, February 14, 1936, Ann showed up at the Superior Court of the State of California in and for Los Angeles County, where Judge Harry R. Archibald would be presiding over her case. She looked flawless, clad in fur with a black hat and black leather gloves -- she could have been ready to step onto a film set rather than a witness stand. Ann was sworn in, and the case of Ann D. Fenton and Leslie C. Fenton vs. Warner Bros. officially began.
The entirety of the first day's proceedings found Ann on the stand with Warner Bros.' lawyers, who tried to portray her as temperamental and physically unfit for her job. The initial line of questioning focused on Ceiling Zero was "lousy," but when asked about the comment, Ann responded, "No, I made no such remark, but I did tell him I thought it was only a fair trade. I didn't accept it because I was ill just at the time." In regard to the quality of the roles Warner Bros. had been assigning her, Ann admitted, "I told Mr. Warner if I was not worth my salary for him to release me," and when asked if she thought the parts the studio had placed her in were unsuitable, she replied, "Yes, somewhat." However, when asked if this dissatisfaction was her reason for not appearing in Backfire, Ann was quick to respond, "Not at all. I wanted very much to take the part." The line of questioning then turned to Ann's healthy as Warner lawyer Robert J. Files inquired, "For some time, have you not been conscious that you were growing thinner?" Ann replied, "I have not. I was laid up with the flu for a short time, but I was soon well and ready to work. The studio doctor examined me, and though they claimed I was not in condition to work, I knew better. As an actress, I am qualified to do anything in my line of work, singing or dancing." She did agree that "my physician advised me not to work while I was ill and to take it easy afterward," but claimed she had soon recovered. She added that as of November 1, 1935, "I have been ready to work at all times ... On that day I offered my services but they were refused." Warner's lawyer than submitted photographs of Ann in Bright Lights, Dr. Socrates, and Thanks a Million as proof that she had grown increasingly thinner as a result of her illness. After Ann's testimony, R.J. Files made a motion for a nonsuit, which the court denied. Since Judge Archibald was scheduled to be in Ventura the following Monday, the case was postponed until Tuesday, February 18, and Ann and Leslie went home to spend their Valentine's Day evening together.
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Despite the testimony of multiple doctors vouching for Ann's good healthy , the judge saw otherwise and concluded that no breach of contract had occurred, though the exact nature of her illness was never made clear. Ann Dvorak would remain the property of Warner Bros. until her contract was set to expire in 1938, though the studio no doubt had every intention of extending the contract to include the suspension time. The judge did state that Warner Bros. was to pay Ann $7,000 which would cover the time since the suspension had been lifted on January 27. Archibald also declared that Ann was entitled to "the further sum of $1,500.00 on Wednesday of each week she is required to work under such contract, providing she immediately reports for duty and performs the duties required of her under said contract."
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Before the judge had yet issued the final signed judgment, Warner Bros.
- Christina Rice. Ann Dvorak: Hollywood's Forgotten Rebel. 2013
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