Matthau

Matthau v. Superior Court

Caution
151 Cal. App. 4th 593·2007 Cal. App. LEXIS 864·60 Cal. Rptr. 3d 93·2007 Cal. Daily Op. Serv. 6107
Court of Appeal of CaliforniaMay 29, 2007B194637California3,926 words

Opinion

Opinion

Boland, J.

SUMMARY

A talent agency represented an actor for 40 years, receiving a commission of 10 percent of all compensation received by the actor under motion picture employment contracts negotiated or procured by the agency. After the actor’s death, his son, who succeeded to the actor’s rights under his motion picture employment contracts, ceased to pay the agency’s commission on profit participation payments received under the employment contracts. The talent agency sought to compel arbitration with the actor’s son and a “loan out” company through which the actor periodically provided his services. Arbitration was sought under the talent agency’s contracts with the deceased actor, and under a collective bargaining agreement between the Screen Actors Guild and the talent agency’s trade association. Because neither the son.nor the loan out company were parties to any of the agreements under which the talent agency sought arbitration, and because none of the legal principles under which a nonsignatory may be bound to another’s agreement to arbitrate applies, the trial court erred in granting the talent agency’s petition to compel arbitration.

FACTUAL AND PROCEDURAL…

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