Tag Archives: classic movies

California Fires Are Burning Hollywood History

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Image of the Woolsey Fire in Los Angeles, courtesy of ABC7 New York

As I write this post, I’m looking out the window into a haze of smoke, blowing down to the Bay Area from the Camp Fire in Chico. California is fighting several severe wildfires right now, and as of this writing, the entire city of Malibu is evacuated, we have over a dozen dead, and more who have lost everything. The fires this year and over the past few years have been devastating and tragic, and the smell of smoke in the air has become all too familiar.

And now, the fires are threatening Hollywood history at both ends of California.

Yesterday, I was sad to learn that the Western Town at Agoura Hills’ Paramount Ranch has burned in the Woolsey Fire. Purchased by Paramount in 1927, the Paramount Ranch has been used continuously as an outdoor movie set for 90 years. It has served as the filming location for The Sign of the Cross (1932), Sullivan’s Travels (1942), and Morocco (1930), and the Western Town was famously the set of Dr. Quinn, Medicine Woman between 1993 and 1998, as well as the current show Westworld.

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A tweet from the Santa Monica Mountains National Recreation Area states: “We are sorry to share the news that the has burned Western Town at in Agoura. We do not have any details or photos, but it is our understanding that the structures have burned. This area is an active part of the incident and we cannot access it.”

Farther north, in Chico, the Camp Fire is threatening Bidwell Park, the location that served as Sherwood Forest in The Adventures of Robin Hood (1938). As of right now, the park is safe, but the fire remains unpredictable.

In the absence of a proper Sherwood Forest in the area around Los Angeles, Warner Bros decided to move production of The Adventures of Robin Hood up to Chico, a town in far northern California near Mt. Shasta. Errol Flynn and Olivia de Havilland spent many hours in lower Bidwell Park (the park is divided into an upper and a lower section), the area chosen to serve as the legendary forest where Robin Hood woos Maid Marian.

One of the wonderful things about the classic Hollywood community of yesteryear was their ability to rally and come together when times were tough for any of them. They were all there for each other–donating time, money, and resources to their fellow industry workers as needed. Right now, times are tough for the communities that have given us our movies. If you are able to help financially, volunteer, send supplies, or simply keep the communities in your thoughts, I know it would be much appreciated and a gesture very much in the spirit of classic Hollywood. Here is how you can help:

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Hannah Darden for the Sacramento Bee outlines what is needed. Here are some places she suggests:

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From Danny Clemens of ABC7 in Los Angeles:

Thank you for helping to keep our classic Hollywood heritage alive, and the people and animals who live in those communities safe.

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Coverage of Olivia de Havilland vs. FX Wins 2018 CMBA Award for Best Classic Movie Series

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Hello dear readers,

Just a quick note to let you know that Backlots’ coverage of Olivia de Havilland vs. FX won the CMBA Award in the category of Best Classic Movie Series. It has been a marvelous run–and it’s not over yet! Stay tuned for more coverage as we wait to see if the United States Supreme Court will take up the case. If so, I will go to Washington, D.C. to watch the proceedings and report further.

Thank you for your diligent readership and for your support as we watch to see what happens. And thanks to the CMBA and the members of the Classic Movie Blog Association for their acknowledgment of my reporting.

Happy Sunday, happy reading and happy movie watching!

Olivia de Havilland Court Update: CA Supreme Court Denies Review

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Dear readers, I’ve been waiting to post about this until I got details from Olivia de Havilland’s lawyer regarding next steps, but a few days ago we got word that the California Supreme Court has declined to review de Havilland’s case against FX.

For those of us who have been advocating for her side, this comes as a blow. We don’t know how close the decision was–there was at least one justice, Justice Mariano Florentino Cuéllar, who voted to allow de Havilland to have her day in court. As judges are not required to publish their votes,  Justice Cuéllar’s is the only vote on record for either side.

We don’t know what, if anything, will happen next. The next step up in the legal system would be the Supreme Court of the United States. De Havilland’s team is weighing its options, but given the enormous pressure of being involved in a US Supreme Court case at the age of 102, this is not a decision to be taken lightly.

Regardless of what happens next, what has transpired in this case has been truly remarkable. When the case first went to the California Supreme Court, I posted an article outlining how to write an amicus curiae letter to the court in favor of de Havilland’s side. Thanks to all of you who sent your letters, 90 amicus curiae briefs were received by the court, a record-breaking number. In her email today addressing the outpouring of support, de Havilland’s lawyer wrote: “The fact that you collectively supported us and advocated for truth and fairness in the law was very important to our side.”

I have said and written from the beginning that no matter the outcome of the case, de Havilland wins. By simply putting pressure on corporate interests, showing them that civilians have the power to take them to task, she speaks truth to power and holds it accountable to the people. Since de Havilland filed her case, Ryan Murphy has shelved a season of American Crime Story about Monica Lewinsky, and the DVD release of Feud has been suspended. By daring to stand up, de Havilland has forced FX to back down and operate with more respect for facts and living people.

I will keep you posted about next steps, but in the meantime, may we all take a lesson from Olivia de Havilland–no matter how great our adversary, we cannot be intimidated by size or power. When we speak up and stand up, look the threat in the eye and assert our own presence, we see that maybe our biggest fears aren’t so big after all.

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For the Love of Old Films: Bill and Home Sweet Country Home

This Memorial Day afternoon, I took a walk in Mountain View Cemetery in Oakland and on my way back along Piedmont Ave, I noticed to my dismay that the shop of my favorite antique dealer had closed. This was a shop that I used to frequent in the days before I worked 9-5, and I had developed a close rapport with the owner, a man named Bill. I wanted to tell his story here.

Bill (I never knew his last name) had owned Home Sweet Country Home for at least 2 decades. He was a 90+-year-old eccentric who smoked like a chimney, had about 5 teeth, and though I used to come in almost every day, he never remembered me from one day to the next.  He originally hailed from Texas, and was proud of it. In the 1940s, he had owned stock in Warner Bros, so he knew all the movie stars and had stories about everyone. Not all his stories were entirely reliable, but I loved listening to him and always came away with brilliant quotes. One of his stories had to do with Leo the Lion escaping MGM wearing dentures, and sitting at the front door of Sears to roar at customers. Another was about how he saw Charles Laughton mowing the lawn with an old lawnmower, and how he ran into Bette Davis on the street smoking a cigarette. When I mentioned Jennifer Jones and what a hard life she had, he memorably answered “Well, she was from Tulsa…”

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The shop itself reflected Bill’s eccentricity. It always smelled like cigarette smoke. Books about Carole Lombard and Jane Fonda were interspersed with southern cooking manuals, presidential biographies, and board games from the 1950s. It was only open from 11 AM to 3 PM. Since he never remembered me, every day I would patiently introduce myself, who I was, what my favorite movies were, and relate some stories so that he would know that I was here to talk about the movies with him. We would frequently spend 3 or more hours chatting about movie trivia, movie songs, and exchanging tidbits about our favorite actors.

Bill didn’t know how to use the internet, so although I told him about Backlots, I’m sure he never visited. Home Sweet Country Home is nowhere to be found on Yelp or any major website, and I was usually his only customer for the day. Sometimes someone would wander in, look around, and then wander out. I never saw anyone else buy anything. I really went in just to talk to him, but I was always sure to buy something when I was in there. He usually had a few magazines, and that’s usually what I got. It makes me sad, but I doubt that many people notice that the store is now gone.

One of my favorite magazines, a 1941 Life Magazine with Gene Tierney on the cover, is from Home Sweet Country Home.

Though I don’t know for sure, my guess is that Bill is now gone, too. He was never in good health, but he kept his shop open anyway–in spite of his ill health, in spite of his lack of customers. He must have bought the building outright ages ago, as he was able to keep Home Sweet Country Home open through the meteoric rise of the Bay Area rental market. It was for the love of movies and antiques that he ran his shop, and I wanted to write this piece to toast to him and to everyone who dedicates themselves to the love of movies–when there are no customers, when there is nothing to gain–the “Bills” of the world persist out of sheer enthusiasm.

After every story, Bill used to brighten and tell me “I just love all those old films!” I was glad to be witness to it, and I will keep the memory of Bill and his shop in my mind always, as evidence of one person’s devotion to what he loves.

Olivia de Havilland Update, Part II–How to Get Involved

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Dear readers, over the past months, I have gotten several comments and emails from people asking what they can do to help the Olivia de Havilland case. I just received some correspondence from de Havilland’s legal counsel, outlining exactly how to get involved in the petition to review the appellate court’s decision. I had known this was coming for some time, but wanted to wait to update you until I had all the information. Now I can tell you all the details of exactly what we can do.

We are to write amici curiae letters to the California Supreme Court in support of the petition to review. For those up to the task–doing this correctly requires careful following of several steps, so I’m going to streamline it as much as possible based on what I’ve done, so that this process can take as little of your time as possible.

Here is what your letterhead should look like, and how you should address and start the letter:

Your name

Your address

Your phone number

 

 

Chief Justice Tani Cantil-Sakauye

and the Associate Justices

Supreme Court of California

350 McAllister st.

San Francisco, CA 94102
Re: de Havilland v. FX Networks, LLC, et al., Court of Appeal Case No. B285629 and California Supreme Court Case No. S248614

Dear Chief Justice Tani Cantil-Sakauye and the Associate Justices of the California Supreme Court,

Pursuant to California Rule of Court 8.500(g), I am writing in support of the Petition for Review of Olivia de Havilland, de Havilland v. FX Networks, LLC, et al., Court of Appeal Case Number B285629 and California Supreme Court Case Number S248614.

Here is what you should put in the letter:

  • Who you are, your profession, your interest in the issues of the case (right to protect name and identity from knowingly false statements, right to a trial by jury, etc)
  • Why these issues are important to be considered by the California Supreme Court
  • Why trial by jury is important for everyone, not just Dame Olivia
  • State that you have no personal financial interest in the case

Speak in your own voice, and explain (for example) why truth in media is important, and that falsehoods have no value. Most of all, make it your own and explain why this is important to you.

THEN:

Fill out the Proof of Service document. It’s pretty self-explanatory. Feel free to just download the photo, print it, and fill it out.

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Now comes the rather daunting part (in case you forgot that this is a legal case).

  • Make TWO copies of the letter and send them to the attorneys on both sides of the case. Their names and addresses are in the Proof of Service document, but to make everything totally accessible, here they are again:

Suzelle M. Smith, Esq.                                             Kelly M. Klaus, Esq.

Howarth & Smith                                                     Munger Tolles & Olson LLP

523 W. 6th Street                                                      350 South Grand Avenue

Suite 728                                                                   50th Floor

Los Angeles, CA 90014                                            Los Angeles, CA 90071

  • Then you must make EIGHT copies of the letter you wrote, and mail the copies, along with the original letter you wrote and the Proof of Service to the Clerk of the Court:

Mr. Jorge E. Navarrete

Clerk of the Court

Supreme Court of California

350 McAllister Street

San Francisco, CA 94102-4797

  • And that’s it!

We are to get our letters mailed by June 1, 2018. Suzelle Smith’s office wants us to know that she’s aware of how much effort this is, but she assures us that it will be well worth it. These letters might make the difference.

Any questions? Comments? Feel free to leave anything in the comments section or email me. Thank you so much for supporting this important cause. Suzelle Smith closed her correspondence with:

“Thank you very much for your interest in Miss de Havilland’s case and your willingness to be a part of the process for justice.  If the California Supreme Court does take the case, we hope you will be at the oral argument.”

Happy letter writing!

deh-stockings

#odehvfx

 

Olivia de Havilland Update

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Dear readers, just as I was preparing to update you on the remaining days of the TCM Classic Film Festival (and my Show People intro), some pressing news found its way into my inbox. I have prided myself on bringing news on the Olivia de Havilland case to Backlots’ readers before the mainstream news outlets get it, but it looks like I’m going to have to up my game–Variety broke this before I did (though I did tweet about it first. I have a vicious competitive streak when I get going!) Regardless, here is the latest news on the Olivia de Havilland case.

This afternoon, Olivia de Havilland’s lawyers filed a petition with the California Supreme Court to review the decision of the appellate court, that upheld the anti-SLAPP motion filed by FX in de Havilland’s case against them. De Havilland’s counsel has noted that there was perhaps conflict of interest with the three judge panel that convened to review the case at the appellate court, and they hope that the California Supreme Court will give de Havilland the jury trial that she desires.

Shortly after the appellate court decision, de Havilland wrote from her home in Paris that “it is important that cases with merit be allowed to proceed to a jury trial. My case is about FX publishing false statements about me and using my name without consent. I, and other individuals in like circumstances, should not be denied our Constitutional right to trial by jury, as the trial judge ruled.”

I will be posting information soon regarding how Backlots readers can get involved, asking the court to accept the petition for review. Please stay tuned, and I’ll continue to bring you all the newest information as I learn it.

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#odehvfx

Olivia de Havilland vs. FX: On Opinions, Arguments, and Accuracy

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In the aftermath of the Olivia de Havilland oral arguments yesterday, I have seen many reports about what happened during the hearing, and opinions about the case from varied sources. As one who was in the courtroom as it happened, I would like to address a few things that I’ve been seeing frequently over the past 24 hours.

The case is ultimately about holding the powerful accountable to the truth. FX, a big and powerful corporation, took immense liberties with de Havilland’s characterization in Feud, putting vulgar words in her mouth and attributing lines to her that she would not have said, nor signed off on, should she have had the privilege of seeing a script first.  It is true that if the characterization were truthful and accurate, by the standard that we use to judge credible news stories, FX would be well within its legal rights to use her image and likeness. But the false or misleading statements attributed to de Havilland in the series are a disservice not only to de Havilland, but also to the viewers of Feud. No one likes to be lied to or misled, and as I have mentioned before, I myself was misled by the interview that framed the series. I thought it was a real interview that I had missed–I went looking for it, and only when I couldn’t find it did I realize that it was created by the series. I’ve seen just about everything she’s ever done. Can we imagine a passive viewer, who had never heard of de Havilland before, watching Feud? I shudder to think how many passive viewers of Feud are out there who now think that de Havilland gave that interview, and called Joan Fontaine a “bitch” to industry professionals.

This morning, a piece appeared in Vanity Fair whose headline ran “Olivia de Havilland Tries to Prove in Court That She’s Never Used the Word ‘Bitch.'” The first line ran: “You’ll never hear a recording of Olivia de Havilland using the word ‘bitch.’ At least, that’s what her lawyers are arguing now in their ongoing case against FX and its portrayal of the Oscar-winning actress in the series Feud.” This upset me on two levels–first, the gross misrepresentation of the argument (the argument is not that de Havilland has never used the term, but rather she never used it to refer to her sister to industry professionals, the way Feud depicts), and second, the way the article uses shock value and half truths in a similar way to Feud. I did write to Vanity Fair about this, and whether it was due to my input or an independent decision, the article has since been clarified.

But this is what we have come to expect of news and informational sources, of which Feud is one. Another argument I have seen frequently over the past day is one that says “Feud is entertainment, I don’t watch it for historical accuracy.” Entertainment that depicts real people, especially living people, has a responsibility to historical accuracy. Those of us who write about film are inundated regularly with people who believe fictionalizations of real people are rooted in fact. As I work on my biography of Marion Davies, The Cat’s Meow (a fantasy piece about what happened to Thomas Ince on William Randolph Hearst’s yacht) has been a fire that I’ve had to put out every time I give a talk. People love scandal, and if there’s a scandal, they tend to believe rumor above and beyond the facts that disprove it. In addition to the right of publicity claims that de Havilland is fighting for, shows like Feud that add artistic license to real personalities make our lives as film writers that much harder.

In terms of de Havilland and Fontaine, I frequently find myself correcting or defending. One of the things that irked me the most in the courtroom yesterday was the opposing counsel repeatedly referring to the relationship between de Havilland and Fontaine as a “feud.” I highly dislike that term to describe them. They were sisters, who had their ups and downs and good times and hard times. Theirs was a very complex relationship, one that no one understood but them. I make it a point never to judge one sister for her actions regarding the other. Because all we know is the tip of the iceberg of what drove their relationship to be what it was–and it’s truly none of our business anyway. For Feud to touch on that relationship at all, much less without talking to de Havilland first, was inappropriate.

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My favorite picture of the de Havilland sisters, on the night Joan Fontaine won the Best Actress Oscar for Suspicion.

I’ve been seeing many comments expressing the viewpoint that if de Havilland wins, it’s going to change the way docudramas are made. It won’t–it will simply hold studios accountable to the truth when the docudrama involves a living person. If the studio is not willing to do accurate research using reliable sources (non-salacious biographical books with endnotes, newspapers, documentaries, interviews), perhaps that living person should not appear in the docudrama. The Divine Feud, the book by Shaun Considine that Feud references in the case as a research tool, is very salacious and I was surprised to see it in FX’s list of sources.

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California law is explicit in its different applications of the law to the living and to the deceased, and de Havilland’s right of publicity stands for fictionalized works. If she were deceased, a separate statute exists that exempts fictionalized works like movies, books, and plays from having to answer to right of publicity suits. But Olivia de Havilland is alive, and she has a right to be heard.

#odehvfx