Bagdasarian Productions, LLC v. Twentieth Century Fox Film Corp.

In an issue of first impression, we consider whether an order compelling enforcement of a contractual agreement to submit a dispute to a referee, and staying proceedings in the interim, is immediately appealable. The dispute stems from a written agreement between Plaintiffs Bagdasarian Productions, LLC and Janice Karman (collectively, “Plaintiffs”) and Defendant Twentieth Century Fox Film Corporation (“Fox”), regarding the popular “Alvin and the Chipmunks” movies. The parties’ Purchase/Producer Agreement Literary Material (the “Agreement”) granted Fox various rights to develop and produce movies based on the Alvin properties and engaged Plaintiffs to render services in connection with the pictures on a “work for hire” basis. The Agreement also contained a forum selection/choice of law provision that any dispute would be brought in California state or federal court and governed by California law. The Agreement further provided that any dispute arising out of the Agreement would be submitted to a general non-jury reference pursuant to California Code of Civil Procedure § 638.

When a dispute arose regarding certain services Karman provided in connection with Alvin and the…