Sepe v. Wiesenfeld
Plaintiff William Sepe claims a right to 50 percent of the royalties his brother Anthony Sepe received for the composition entitled “You’re the First, the Last, My Everything†made famous by the late Barry White (the song). After Anthony died, plaintiff sued Anthony’s children and the trustee of the Sepe Family Trust (the Sepe defendants) over the publishing royalties, and Music Royalty Consulting, Inc. (MRCI) and Parviz Omidvar (the MRCI defendants) over the songwriting royalties.[1] Plaintiff appeals from the dismissal of his lawsuit after the trial court sustained defendants’ demurrers without leave to amend. We hold the statute of limitations in Code of Civil Procedure section 366.2[2] does not apply to plaintiff’s claims against the Sepe defendants. We further hold the second amended complaint adequately pled causes of action for intentional interference with contract against Anthony’s children and for declaratory relief against the trustee. However, section 366.2 bars plaintiff’s causes of action against the MRCI defendants. Accordingly, we reverse that portion of the judgment concerning the causes of action for intentional interference with contract and declaratory relief against certain Sepe defendants and affirm the judgment in all other respects.
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