Mason v. Superior Court

Opinion

COMPTON, J. The Superior Court of Los Angeles County issued a preliminary injunction directing petitioner David Mason to deliver to real party in interest, Blue Thumb Records, Inc. (Blue Thumb) certain personal property which he admittedly has in his possession.

Petitioner is a recording artist and said property consists of a number of master recordings embodying his performances, which recordings were made pursuant to a contract with Blue Thumb.

Petitioner noticed an appeal from the order granting the injunction and moved the superior court, under section 917.2 of the Code of Civil Procedure, to appoint an officer as custodian of the property and to stay enforcement of the injunction pending the appeal.

The superior court denied said motion and subsequently ordered petitioner to show cause why he should not be adjudged guilty of contempt for disobeying the injunction.

Petitioner then sought relief from this court by way of a writ of mandate directing the superior court to proceed under Code of Civil Procedure section 917.2 and to stay all further proceedings.

[915]We granted an alternative writ in order to determine whether, in spite of the peculiar circumstances of the case, the superior court was required to afford petitioner the relief he sought. We have concluded that the writ must now be denied.

The essential facts are not in dispute.

Prior to any litigation between the parties, a contract was executed between them under which petitioner was to perform exclusively for Blue Thumb in making phonograph records for distribution and sale. The contract provided for certain financial arrangements and specifically declared that the master recordings were to be the property of Blue Thumb.

A number of records were produced before petitioner on November 26, 1971, filed a complaint against Blue Thumb seeking, among other things, rescission, declaratory relief, accounting, injunctive relief and damages for breach of contract.

Just prior to instituting this litigation petitioner admittedly, in an act of self-help, took possession of the master recordings and refused to return them to Blue Thumb.