Newton-John
MCA Records, Inc. v. Newton-John
Opinion
Opinion
Fleming, J.
Defendant Olivia Newton-John, a singer, appeals a preliminaiy injunction restraining her from recording for anyone other than plaintiff MCA Records while MCA’s action is pending “or until April 1, 1982, if that date shall occur during the pendency of this action.”
In reviewing a preliminary injunction on appeal, we interpret the facts in the light most favorable to the prevailing party, and indulge all intendments and reasonable inferences in support of the trial court’s order. (People v. Columbia Research Corp. (1977) 71 Cal.App.3d 607, 610 [ 139 Cal.Rptr. 517 ]; City and County of San Francisco v. Evankovich (1977) 69 Cal.App.3d 41, 54 [ 137 Cal.Rptr. 883 ].)
On April 1, 1975, the parties entered the following agreement: Defendant Newton-John would record and deliver to plaintiff master recordings for two albums per year for an initial period of two years, and, at plaintiff’s option, further similar recordings for three additional periods of one year each. If defendant failed to deliver a recording when due, plaintiff would become entitled to extend the term of the agreement. In return, plaintiff would pay defendant royalties and a nonreturnable advance of $250,000…