Biafra

Dead Kennedys v. Biafra

Good Law
46 F. Supp. 2d 1028·1999 WL 235644·1999 U.S. Dist. LEXIS 5261
United States District Court, Northern District of CaliforniaApril 5, 1999C-98-4543 DLJCalifornia2,174 words

Opinion

Opinion

Jensen, J.

ORDER

On March 31, 1999, the Court heard argument on plaintiffs’ motion for costs and attorney fees after remand. David M. Given and Paul Karl Lukács appeared on behalf of plaintiffs; Paul Raynor Keating appeared for defendant Jello Biafra. Having considered the arguments of counsel, the papers submitted, the applicable law, and the record in this case, the Court hereby GRANTS the motion.

I. BACKGROUND

A. Factual Background and Procedural History

Plaintiffs are Decay Music, a general partnership, and three of its four partners. The four partners in Decay Music once comprised the rock music band called the Dead Kennedys. The three individual plaintiffs are East Bay Ray, Klaus Flour-ide, and D.H. Peligro. Defendant is the fourth partner, Jello Biafra. All of the parties are California domicilaries. In 1986, the band ended its recording and touring activities because of differences among the band members.

In 1979, the Dead Kennedys formed Alternative Tentacles to act as their record label. Two years later, in 1981, the band members formed Decay Music, a California general partnership, in which the four band members are equal partners. An oral agreement in 1986 among the band…

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