Berg

Berg v. Traylor

Bad Law
148 Cal. App. 4th 809·2007 Cal. App. LEXIS 390·2007 Daily Journal DAR 3696·56 Cal. Rptr. 3d 140·2007 Cal. Daily Op. Serv. 2863
Court of Appeal of CaliforniaMarch 19, 2007B188554California5,380 words

Opinion

Opinion

Todd, J.

Appellants Meshiel Cooper Traylor (Meshiel) and her minor son Craig Lamar Traylor (Craig) appeal the judgment confirming an arbitration award in favor of Craig’s former personal manager, respondent Sharyn Berg (Berg), for unpaid commissions under a contract between Berg, Meshiel and Craig and unrepaid loans from Berg. Because we find that Craig had the statutory right as a minor to disaffirm both the original contract and the arbitration award, we reverse the judgment against Craig. We affirm the judgment against Meshiel:

FACTUAL AND PROCEDURAL BACKGROUND

The Agreement

On January 18, 1999, Berg entered into a two-page “Artist’s Manager’s Agreement” (agreement) with Meshiel and Craig, who was then 10 years old. Meshiel signed the agreement and wrote Craig’s name on the signature page where he was designated “Artist.” Craig did not sign the agreement. Pursuant to the agreement, Berg was to act as Craig’s exclusive personal manager in exchange for a commission of 15 percent of all gross monies or other consideration paid to him as an artist during the three-year term of the agreement, as well as income from merchandising or promotional efforts or offers of employment made…

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