Moses
Southern Nights Music Co. v. Moses
Opinion
Opinion
Ideman, J.
STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW
This matter came regularly before the Honorable James M. Ideman, United States District Judge, for consideration. After full consideration of the moving and responding papers, exhibits and affidavits, the Court hereby makes the following Statement of Uncontroverted Facts and Conclusions of Law.
UNCONTROVERTED FACTS
1. Defendant, James C. Moses, owns and operates the country and western night club “The Cabaret” located at 1846 East Huntington Drive, Duarte, California. The Cabaret presents musical entertainment to its patrons.
2. Plaintiffs, Southern Nights Music Co., et al., are the owners of the copyrights to (1) “Lookin For Love” (2) “Take Me Home Country Road” (3) “Tulsa Time” (4) “I Just Called To Say I Love You”.
3. This action is brought on behalf of the plaintiffs by the American Society of Composers, Authors, and Publishers (here inafter "ASCAP"). Plaintiffs have an agreement with ASCAP to license the public performance of their copyrighted works on their behalf and to protect them from copyright infringement.
4. On September 18 and 19, 1985, two agents for ASCAP, Ronald DeZure and Barbara Lazar, went to the…