Wertheim

Wertheim v. Super. Ct. CA2/1

Good Law
Court of Appeal of CaliforniaJune 25, 2015B262513California2,311 words

Opinion

Opinion

BACKGROUND

Currency, the real party in interest, makes loans to persons who own rights to royalty income payable by such entities as the Broadcast Music, Inc. and the American Society of Composers, Authors, and Publishers. The loans are typically secured by the borrower’s royalty income. One such borrower was Maibell Page, the widow of accomplished songwriter Eugene Page. In 2006, a dispute arose between Page and Currency, and Page assigned both her royalties and her claims against Currency to Wertheim. 1 All statutory references will be to the Code of Civil Procedure.

2 On August 5, 2008, Wertheim sued Currency,2 alleging Currency interfered with Wertheim’s 2006 agreement with Page. (Los Angeles Superior Court (LASC) case No. BC395819; the interference or 2008 action.) In 2009, Currency sued Wertheim, seeking to enjoin a looming arbitration concerning the Page loans. (LASC case No. BC417798; the injunction or 2009 action.) The trial court denied the injunction and twice confirmed a $600,000 arbitration award against Currency, which we twice reversed on appeal. (Currency Corp. v. Wertheim, May 20, 2011, B222851 [nonpub. opn.]; Currency Corp. v. Wertheim, September 30, 2013,…

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