Legal Question in Entertainment Law in California

Cd payment

My company helped an artist print up CDS, we charge artist $3 per CD, on oral contract artist given 6 boxes of CDs containing 100 CDs in each box. Artist lives in Billings, Montana and says she is not paying $1,800 for CDs because she does not have a contract with me. Artist says her attorney told her she does not have to pay. I have all proofs, graphix, songs, etc, proving that her CD was made by my company. Artist wanted lessons on stage presence and singing lessons after her CDs were pressed, which was not a part of our deal, artist supposedly had set up an account for CDs to pay off debt. Because artist was not brought to California to develop career (which is not on contract) she feels she does not have to pay for her share of CD, keeping in mind that she did not pay for CDs to be pressed but my company did. I sent a letter to artist dated May 16, 2005 and asked her to get in touch with me within 30 days to make arrangements for payment


Asked on 7/05/05, 9:01 am

1 Answer from Attorneys
David Tuttelman Law Office of David M. Tuttelman

Re: Cd payment

If you can prove to a judge that she asked you specifically to make the CD's for the price you claim, you can take her to small claims court in CA and get a judgment against her that can be enforced in Montana. Bear in mind, however, that you first have to serve her in MT with the lawsuit, then after you get your judgment, establish it as a MT judgment, which sometimes means having to hire a MT lawyer to prepare and present the papers in MT court. Since your contract doesn't provide for attorney's fees, you cannot add to the judgment whatever fees you incur in this respect. You'll probably spend more to establish the judgment than its actual worth. Of course, after doing all that, you still have to collect the judgment, again in MT unless she has CA assets that can be levied upon.

A less expensive alternative is to obtain a CA judgment against her, then hold on to it and try to enforce it if she ever moves to CA. The judgment is good for ten years and can be renewed. Of course, the judgment is worthless so long as she stays in MT and you don't try to collect it there.

The most probable and efficient bottom line: eat the loss. Next time, do like most lawyers do nowadays, get your payment up front.

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Answered on 7/05/05, 10:02 am


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