Mason v. Superior Court

The Superior Court of Los Angeles County issued a preliminary injunction directing petitioner David Mason to deliver to real party in interest, Blue Thumb Records, Inc. (Blue Thumb) certain personal property which he admittedly has in his possession.

Petitioner is a recording artist and said property consists of a number of master recordings embodying his performances, which recordings were made pursuant to a contract with Blue Thumb.

Petitioner noticed an appeal from the order granting the injunction and moved the superior court, under section 917.2 of the Code of Civil Procedure, to appoint an officer as custodian of the property and to stay enforcement of the injunction pending the appeal.

The superior court denied said motion and subsequently ordered petitioner to show cause why he should not be adjudged guilty of contempt for disobeying the injunction.

Petitioner then sought relief from this court by way of a writ of mandate directing the superior court to proceed under Code of Civil Procedure section 917.2 and to stay all further proceedings.

*915 We granted an alternative writ in order to determine whether, in spite of the peculiar circumstances of the case,…