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2. Lachance on whether he had told anyone that his Kung Fu Panda idea was to be made into a film.

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Published on Dec 14, 2013

June 6, 2011 deposition of Michael Lachance in Terence Dunn v. Dreamworks Animation (BC438833). When asked by Dunn's lawyer, Theresa Macellaro, "Did you tell anybody, "Hey, the idea that I came up with is coming out as a major motion picture"?, he seems to be surprised at the question and takes eleven seconds to think about it before answering, "Sure, I might have done that." Upon hearing the question (at 15 seconds on the time code), he says "Ahmmm" and then (at 16 seconds) exhibits the body language--a set of involuntary movements--that in Dunn's opinion, look like a slight bristling: a stiffening of the neck causing a slight rising, rearing, and subtle shaking of the head. Besides having to think hard for 11 seconds before answering the the question, when he does give his answer (20-23 seconds), Lachance rapidly shakes his head while he speaks the last two words of his sentence: "...done that."

When Macellaro next asks him "To whom and when?", he looks downward, turns his head to his right and snorts a "Hummmff", expressing annoyance at the question simultaneous with acceptance of it as a natural follow-up to the answer he just gave. When he gives his answer of "My family" with an upward lilt in his voice, Dunn believed at the time of the deposition and to this day believes that it is as if he is smugly telling his examiner, "Now, how's that for an answer?"

Then when Macellaro sharply asks him "When?" with a leading and incredulous tone (at 32 seconds), Lachance shows even greater discomfort, unpreparedness, annoyance, and resentment at the question as he chuckles, grins, rolls his eyes, and swings his left forearm upward from the table and opening his hand in exasperation. Then after looking downward with eyes shifting side to side, it appears that he makes up an answer when he says "Once production started?" (41 to 43 seconds)--because he speaks it with the lilting tone of a question--and while smiling and shaking his head in an even more pronounced manner (than at --shaking his head rapidly left and right no less than six (6) times and closing his eyes hard in between (at 42-45 seconds).

Lachance's final statement, "Yeah, I imagine I would tell my family", is very unusual and revealing. He uses the creative thinking predicate, "imagine" in the present tense that when combined with "would tell"-- forms a speculative conditional verb form in that's effectively future tense. It seems as if Lachance's mind is treating Macellaro's question about his behavior in 2004, "did you tell anyone that the idea you came up with is coming out as a major motion picture?", as a present hypothetical. If he had tried to access memory to answer the question and wasn't 100% sure of his recall, he would have said, "Yeah, I imagine I would have told my family."

For history of Terence Dunn v. Dreamworks Animation SKG, Inc. (BC438833), the lawsuit for which this deposition was taken, visit: www.kungufpandalawsuit.com

• See fully documented Timeline describing Dunn's creation of his "Zen-Bear® the Kung Fu Panda" properties, his communications with Dreamworks, and his subsequent lawsuit ag. Dreamworks at:
http://www.kungfupandalawsuit.com/ima...

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