However, Judge Michael Raphael, in his tentative ruling, held that Deschanel herself was largely responsible for not getting acting work during the 2013 hiatus from her show New Girl. In an e-mail to Jackson dated to November 2012, Deschanel wrote that, “I really just want to play a very interesting small character role in a movie.”
At the same time, she scheduled concert dates for the hiatus and turned down the lead role in a film in February 2013. “I’m worried I won’t have time to play a lead role this hiatus,” she wrote. “It’s just so busy this hiatus, unless they were on a 3-week shooting schedule or something.”
“There is no evidence suggesting that any acting opportunity that would have suited Deschanel’s very narrow criteria… for the 2013 hiatus existed,” the judge wrote. “The record establishes that Deschanel limited her own availability and created a perception of same.”
Raphael heard arguments on the case on Friday and is expected to give final ruling within the next few days.