Baseball-Players Club v. Brand-in Entertainment CA2/4

Filed 9/2/14 Baseball-Players Club v. Brand-in Entertainment CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

BASEBALL-PLAYERS CLUB, LLC et B251173 al., (Los Angeles County Plaintiffs and Respondents, Super. Ct. No. BC511215)

v.

BRAND-IN ENTERTAINMENT, LLC et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles Country, Barbara Ann Meiers, Judge. Affirmed. Silverman Shin Byrne & Gilchrest, Robert M. Gilchrest and Amy S. Russell, for Defendants and Appellants. Salisian Lee, Richard H. Lee, Neil S. Salisian, and H. Han Pai, for Plaintiffs and Respondents.

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Brand-in Entertainment, LLC, (BiE) and Rolfe Auerbach appeal from the order denying their petition to compel arbitration in a breach of contract case filed by respondents Baseball-Players Club LLC (BPC), America’s Greatest Athlete LLC (AGA), and Wesley Morris Entertainment, Inc. (WME). We conclude appellants rely on arbitration clauses in written contracts unrelated to the dispute for which respondents seek damages, and affirm the order.

FACTUAL AND PROCEDURAL SUMMARY As alleged in the complaint, appellant BiE is in the business of “brand integration marketing and advertising,” such as product placement and integrated television commercials. Appellant Auerbach is BiE’s chief executive officer. Respondent BPC was formed to hold assets for a one-episode sports competition television show that eventually aired under the name “The Players Club.” Respondent AGA was the holding company, and WME was the production company for the show. In June 2011, Bill Garnet and Jacquelynn Lueth, the owners of AGA and WME, met with Auerbach and a BiE account executive to discuss “The Natural,” a proposed reality elimination competition television series. Auerbach represented that BiE would be able to obtain approximately $10 million in sponsorship financing for the series. Sponsorship financing for another series, “Bragging Rights,” also was discussed. In September 2011, respondents decided to produce “a ‘one-off’ sports competition television show,” initially titled “Gameday” and then retitled “The Players Club.” As the concept of the show evolved, the featured athletes changed from football to basketball to baseball players. Auerbach assured respondents that there would be no problem finding sponsors to cover one-third of the costs of the show up front, one-third after completion of principal photography, and one-third after the show aired. Later, he represented he would have $3 million in sponsorship funding for “The Players Club” if the show aired after January 2012. The show was therefore rescheduled to air during baseball season.