Pope v. Even St. Productions CA2/5

Filed 9/22/21 Pope v. Even St. Productions CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

VIRGINIA POPE, B275199

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. v. BC430809)

EVEN ST. PRODUCTIONS, LTD. et al.,

Defendants and Respondents.

MAJOKEN INC.,

Cross-Complainant and Appellant,

v.

EVEN ST. PRODUCTIONS, LTD. et al.

Cross-defendants and Respondents.

EVEN ST. PRODUCTIONS, LTD. et al.,

Cross-complainants and Appellants,

v.

VIRGINIA POPE et al.,

Cross-defendants and Respondents.

APPEALS from orders and a judgment of the Superior Court of Los Angeles County, Mark V. Mooney, Judge. Affirmed in part, reversed in part, and remanded with directions. Spillane Trial Group, Jay M. Spillane, for Virginia Pope and Majoken Inc. Klapach & Klapach, Joseph S. Klapach; Kozberg & Bodell, Gregory Bodell, for Gerald Goldstein and Glenn Stone. Ervin Cohen & Jessup, David N. Tarlow, for Even St. Productions, Ltd. and Majoken, Inc.

2

The procedural posture of these consolidated appeals needs summarizing. Plaintiff Virginia Pope (Pope), as successor in interest to now-deceased musician manager Ken Roberts (Roberts), appeals from a trial court order summarily adjudicating a cause of action for conversion in favor of defendants Even St. Productions Ltd., Gerald Goldstein, Glenn Stone, and Majoken, Inc. (the “Even St. Parties”). Cross- complainant Majoken Inc. (“Roberts Majoken”), represented on appeal by the same attorney who represents Pope, appeals from a judgment after bench trial finding in favor of the Even St. Parties on, as relevant here, causes of action for constructive fraud and a common law claim for money had and received. Finally, the Even St. Parties, as cross-complainants, cross-appeal from a summary adjudication order declaring Roberts to be the rightful owner of royalty payments made by Broadcast Music Inc. (BMI) from 1976 through 2009 for public performances by Sylvester Stewart (Stewart), popularly known as “Sly” of Sly and the Family Stone. The parties are familiar with the facts, and our opinion does not meet the criteria for publication. (Cal. Rules of Court, rule 8.1105(c).) We accordingly resolve the cause before us, consistent with constitutional requirements, via an opinion with reasons stated. (Cal. Const., art. VI, § 14; Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1261-1264 [three-paragraph discussion of issue on appeal satisfies constitutional requirement because “an opinion is not a brief in reply to counsel’s arguments”; “[i]n order to state the reasons, grounds, or principles upon which a decision is based, [an appellate court] need not discuss every case or fact raised by counsel in support of the parties’ positions”].)