Pope

I. BACKGROUND1

Stewart became well known in the 1960s as the lead performer for the band Sly and the Family Stone. The band played at Woodstock in 1969 and was inducted into the Rock and Roll Hall of Fame in 1993. Stewart was also a prolific songwriter, composing over 300 songs, some of which are still being performed today. (FAC ¶¶ 49-50.)

1 As we explain in greater detail later in this opinion, the only trial involved in this appeal is the trial of plaintiff’s causes of action against BMI for recovery of royalties paid to the Goldstein defendants in the four years preceding the filing of this action. In undertaking our analysis of plaintiff’s claims of error, we rely on evidence admitted in that trial. To provide context for our analysis, however, we occasionally summarize allegations of the Fourth Amended Complaint, with citations to the applicable paragraph(s). 2 In 1964, Stewart entered into an affiliation agreement with BMI, a non-profit performing rights organization for publishers and songwriters. For a fee, BMI collected royalty payments from others who used Stewart’s songs and distributed those royalties to Stewart. BMI’s standard affiliation agreement was for a term…