BEVERLY GLENN MUSIC, INC. V. WARNER COMMUNICATIONS, INC.
178 Cal.App.3d (1986)
NATURE OF THE CASE: This was an appeal from an order denying a preliminary injunction
against the defendant.
FACTS: Beverly Glen Music (P) signed a contract with an unknown singer named Anita Baker.
Baker recorded an album that had moderate success and grossed over $1 million. Warner
Communications, Inc. (D) offered Baker a much better deal than P. Baker accepted the offer
from D and notified P that she was no longer willing to perform under her contract. P then
sued Baker and sought to enjoin her from performing for D. That injunction was denied under
Code 3423 because the California courts will not enjoin a service contract unless that
service is unique and the performer is guaranteed at least $6,000 in annual compensation
which Baker was not. P voluntarily dismissed the action and then sued D for inducing Baker
to breach her contract. P moved for an injunction against D. That injunction was also denied
under the theory that what one was forbidden by statute to do directly, one could not
accomplish through the back door. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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