Conor Woulfe and Peter Michael Rosza accused Universal Studios of false representation and fraud at the beginning of this year after they paid $3.99 to rent the 2019 film which sees a struggling musician finds out he is the only person in the world who remembers The Beatles.

De Armas, 34, appeared in 15 seconds of the trailer. The pair claimed they would not have watched the film had they known she was not in it.

A judge rejected Universal’s attempt to dismiss the case, leaving the studio facing a payout of up to $5 million.

US district judge Stephen Wilson said his ruling on Tuesday was limited to whether an actress or scene was in the movie, “and nothing else”.

In the original script, De Armas meets Himesh Patel’s Jack Malik, the lead character. They embrace after he serenades her. The next scene features the actress Lily James (who is to star in a remake of Rumpole of the Bailey), Malik’s love interest.

The De Armas scene was cut because it was thought that audiences would dislike Malik showing interest in another woman.