Stewart v. First Cal. Bank
Plaintiffs/appellants Sylvester Stewart (“Stewartâ€) and Ken Roberts (“Robertsâ€) brought suit against a large number of individuals and entities, including those involved in this appeal, defendants/respondents Sony Music Entertainment (“Sonyâ€), Warner/Chappell Music, Inc. and Warner-Tamerlane Publishing Corp. (“Warnerâ€), Broadcast Music, Inc. (“BMIâ€), and First California Bank (“Bankâ€). Through multiple causes of action, plaintiffs seek recovery of past and future royalty payments for musical works authored and produced by plaintiff Stewart, who rose to prominence in popular music as “Sly Stone†in the late 1960’s and early 1970’s. Stewart was also the lead performer of the works, as “front man†for the band known as “Sly and the Family Stone.†Roberts was Stewart’s friend and one-time manager, and an assignee of some of Stewart’s royalty rights.
The court below sustained these defendants’ demurrers without leave to amend. We will affirm, except as to plaintiff Roberts’ breach of contract and declaratory relief causes of action against defendant BMI. Roberts’ conversion claim against BMI was properly dismissed. Plaintiff Stewart’s several causes of action against Sony, Warner, and BMI were also properly dismissed by the trial court.
Following oral argument before this Court, both plaintiffs dismissed their appeals as to defendant Bank.
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