A judge has thrown out a case by Ana de Armas fans who said they were tricked in to believing she would appear in a film.
The actress briefly appeared in a trailer for Danny Boyle movie Yesterday – showing her on the sofa of James Corden’s talk show as the main character appears to flirt with her.
She does not speak in the clip and doesn’t appear in the 2019 Beatles-themed film.
Conor Woulfe and Peter Michael Rosza said they had been “deceived” by false advertising and wouldn’t have rented the movie if they had known she wasn’t in it.
They tried to sue Universal Pictures in the US for at least $5m (£3.9m) after paying to watch it on Amazon Prime.
Despite his disappointment, Mr Woulfe paid for it again on Google Play after search results listed de Armas as a cast member.
He claimed he thought it could be a different ‘director’s cut’ version.
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The pair said they had “never seen a trailer that featured an actor or actress that didn’t also appear in the film being advertised”, according to court documents.
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Yesterday’s writer, Richard Curtis, said in 2019 that de Armas was cut because test audiences felt she overshadowed the main love story featuring Himesh Patel’s character.
He described it as a “very traumatic cut” because she had been “brilliant” and “radiant” in the role.
US judge Stephen Wilson threw out the lawsuit on Monday and noted the claimants had amended their complaint three times since 2022.
He said the second rental from Google showed their “injury is self inflicted” rather than a result of being tricked, and that they couldn’t proceed with the case.
Yesterday tells the tale of a failing singer who becomes a star playing Beatles songs after everyone in the world suddenly forgets they existed.
