The suit, filed by Peter Michael Rosza and Conor Woulfe last year, alleged that the studio misrepresented Danny Boyle’s movie in its trailer by featuring de Armas despite her absence from the film itself. The plantiffs said that when they watched the trailer for Yesterday they thought that de Armas played a substantial role in the Beatles-themed romantic comedy, but when they rented it on Amazon Prime for $3.99 each, they discovered that she doesn’t show up in the movie.
The suit, filed for false advertisement, unjust enrichment, and violation of unfair competition, noted that “such consumers were not provided with any value for their rental or purchase.”
However, Wilson wrote in his summary that Rosza and Woulfe can’t pursue their proposed class action because they didn’t rely on these alleged misrepresentations when making the decision to watch the film. He confirmed the case is a “self-inflicted injury.”
Wilson added that the plantiffs cannot further amend their lawsuit. After filing the suit last January, Woulfe rented the movie again, on Google Play, and alleged new “misrepresentations on Google” when de Armas again didn’t appear in the film. “Plaintiff Woulfe has offered no explanation as to why he believed that version of Yesterday they accessed on Google Play would be a different version of the movie they accessed on Amazon,” the judge wrote.
De Armas was cast as a love interest for lead actor Himesh Patel, but her scenes were cut in the final version of the film after test screenings. The trailer very briefly showcased her and Patel on the set of James Corden’s talk show. Screenwriter Richard Curtis addressed the cuts in an interview in 2019, saying, “That was a very traumatic cut, because she was brilliant in it.”
“I think the audience did not like the fact that his eyes even strayed,” Curtis added of Patel’s character, who romances Lily James in the film. “It’s one of those things where it’s some of our favorite scenes from the film, but we had to cut them for the sake of the whole.