Wachs

Wachs v. Curry

Caution
13 Cal. App. 4th 616·16 Cal. Rptr. 2d 496·1993 Cal. App. LEXIS 140·93 Cal. Daily Op. Serv. 1121
Court of Appeal of CaliforniaFebruary 17, 1993B064040California3,770 words

Opinion

Opinion

Johnson, J.

The Talent Agencies Act (Lab. Code, §§ 1700-1700.47) requires persons who procure employment for artists in entertainment fields, such as motion pictures, television and radio, to be licensed as talent agents by the labor commissioner. The Act exempts from licensing those persons who procure only recording contracts. Plaintiffs, who are not licensed talent agents, challenge the licensing requirement on the grounds it violates their rights to due process and equal protection of the laws.

The trial court held the licensing requirement is constitutional and granted the labor commissioner’s motion for summary judgment. The court subsequently entered judgment against plaintiffs. We affirm.

Facts and Proceedings Below

Plaintiffs Wachs and X Management, Inc., provide personal management services to artists and entertainers. Plaintiffs entered into a written contract to provide personal management to entertainer Arsenio Hall in return for 15 percent of Hall’s earnings from his activities in the entertainment industry during the term of the contract. The contract recites “You [Hall] have not retained our personal management firm under this agreement as an employment agent or a…

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