Graham-Sult v. Clainos, No. 11-16779 (9th Cir. 2013)
Annotate this CaseBill Graham, a successful promoter of rock and roll concerts, died testate and his will created individual trusts for his sons, Alexander and David. Nicholas Clainos was the trustee of the trusts and the executor of the estate and Richard Greene, through his firm, provided Clainos legal counsel. On appeal, Alexander and David challenged the district court's disposition of a motion to dismiss, a special motion to strike under California's anti-SLAPP statute, Cal. Proc. Code 425.16(b)(1), and related attorney's fees awards. The court affirmed the disposition of the motion to strike in part and reversed in part. The court concluded that striking plaintiffs' conversion and unjust enrichment claims against Clainos was erroneous. The court also concluded that striking plaintiffs' breach of fiduciary duty claim against Clainos was erroneous. The court further concluded that plaintiffs sufficiently alleged claims for conversion, copyright infringement, and declaratory relief against the BGA Defendants and that dismissal of those claims was erroneous. In regards to attorney's fees, the court vacated the post-motion-to-strike fee award to Clainos, as well as the post-motion-to-dismiss fee award to the BGA Defendants. The court affirmed in all other respects.
Court Description: Anti-SLAPP Statute / California Law. The panel affirmed in part and reversed in part the district court’s judgment in an action brought by the sons of the late concert promoter Bill Graham, alleging that they were entitled to pro rata distributions of certain property owned by Graham’s estate. The panel reversed in part the district court’s disposition of a special motion to strike under California’s anti-SLAPP statute, holding that the district court erred in dismissing the plaintiffs’ claims for conversion, unjust enrichment, and breach of fiduciary duty against Nicholas Clainos, the executor of Graham’s estate. The panel held that plaintiffs sufficiently alleged claims for conversion, copyright infringement, and declaratory relief against William Sagan, Norton LLC and Bill Graham Archives, LLC (“BGA Defendants”), and that the district court therefore erred in dismissing these claims. Concerning the underlying awards of attorneys’ fees, the panel vacated the post-motion-to-strike fee award to Clainos, as well as the post-motion-to-dismiss fee award of the BGA Defendants. The panel affirmed the district court’s decision in all other respects.
The court issued a subsequent related opinion or order on February 5, 2014.
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