G & G Closed Circuit Events, LLC v. California Center for the Arts, Escondido, Foundation

I. BACKGROUND

25 In the complaint, Plaintiff alleges that it has exclusive nationwide commercial 26 distribution rights to the Saul “Canelo” Alvarez v. Sergey Kovalev Championship Fight 27 Program (the “Program”), which was telecast nationwide on Saturday, November 2, 28 1 2019. ECF No. 1 at ¶ 16. Plaintiff alleges that, without its permission, Defendant and/or 2 employees of Defendant acting at its direction illegally intercepted, received, and 3 published the Program at California Center of the Arts, Escondido (“CCAE”), on 4 November 2, 2019. Id. at ¶¶ 10-12. 5 Defendant contends that neither it or its employees intercepted or published the 6 signal on that night. ECF No. 16 at 8. Rather, it maintains that on November 2, 2019, 7 there was a Dia De Los Muertos festival that was free and open to the public in the Grape 8 Day Park in Escondido, which is the park in which CCAE is located. Id. Defendant 9 contends that one of the vendors there, DJ SugabearSD, put on a lowrider exhibition in 10 the parking lot and aired the Program, using his own equipment. Id. Defendant argues 11 that DJ SugabearSD is not its employee, and it was DJ SugabearSD that…