Cassidy

Blix Street Records, Inc. v. Cassidy

Good Law
119 Cal. Rptr. 3d 574·191 Cal. App. 4th 39·2010 Cal. App. LEXIS 2137
Court of Appeal of CaliforniaDecember 21, 2010No. B219624California4,989 words

Opinion

Lead Opinion

Mosk, J.

Appellants appeal from a judgment based on, inter aha, a determination that they were judicially estopped from denying that they were bound by a settlement agreement. We hold that even if the settlement agreement had not been binding, appellants were judicially estopped from denying the enforceability of that agreement because they represented to the trial court that the case had settled and the trial court discharged the jury in reliance on that representation.

FACTS

Eva Cassidy was a popular singer and songwriter who died in 1996. Her parents, respondents Hugh and Barbara Cassidy, inherited the rights to Eva’s work. In November of 1997, the Cassidys, pursuant to an agreement, *42 exclusively licensed William Straw, doing business as Blix Street Records, the predecessor of Blix Street Records, Inc., 1 to exploit the rights to the Eva Cassidy audio recordings. The license agreement was modified in 1999.

Disputes between Blix Street and the Cassidys arose over royalty payments and the Cassidys’ plan for a motion picture about their daughter’s life. The Cassidys had contracted with Allen Gelbard and Eva Cassidy Partners, LLC (ECP) (in which Gelbard was a partner), to…

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