Cusano

Cusano v. Klein

Good Law
485 F. App'x 175
United States Court of Appeals for the Ninth CircuitJune 14, 201206-56871, 07-55228, 08-55482, 08-57055, 09-55313, 10-56189California1,429 words

Opinion

Opinion

MEMORANDUM

These consolidated appeals relate to a long-running royalty battle between Plain tiff-Appellant Vincent Cusano and Defendants-Appellees Gene Klein, KISS Co. and others (collectively, “Klein”). In September 2003, the district court granted summary judgment to Klein. This court affirmed in November 2005. See Cusano v. Klein, 153 Fed.Appx. 998 (9th Cir.2005) (unpublished). The district court and the Ninth Circuit awarded Klein substantial attorney’s fees. These appeals arise out of Klein’s efforts .to enforce the judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Appeal No. 06-56871

1. Cusano argues that his song royalties are protected from levy by federal and state law, which shelter from garnishment 75 percent of an individual’s weekly “earnings.” See 15 U.S.C. § 1673 (a); CaLCode Civ. P. § 706.050. The relevant statutes define “earnings” as compensation for personal services. See 15 U.S.C. § 1672 (a); Cal.Code Civ. P. § 706.011(a). Cusano has not shown that his royalties are compensation for personal services, so the district court did not abuse its discretion by permitting Klein to levy on 100 percent of those royalties. See Natural Res. Def.…

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