Beverly Glenn Music, Inc. v. Warner Communications, Inc.

178 Cal.App.3d (1986)

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Nature of the Case

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Facts

Beverly Glen Music (P) signed a contract with an unknown singer named Anita Baker. Baker recorded an album that had moderate success and grossed over $1 million. Warner Communications, Inc. (D) offered Baker a much better deal than P. Baker accepted the offer from D and notified P that she was no longer willing to perform under her contract. P then sued Baker and sought to enjoin her from performing for D. That injunction was denied under Code 3423 because the California courts will not enjoin a service contract unless that service is unique and the performer is guaranteed at least $6,000 in annual compensation which Baker was not. P voluntarily dismissed the action and then sued D for inducing Baker to breach her contract. P moved for an injunction against D. That injunction was also denied under the theory that what one was forbidden by statute to do directly, one could not accomplish through the back door. P appealed.