United States Ninth Circuit

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, is: 1) reversed in part, as to the district court's disposition of a special motion to strike under California’s anti-SLAPP statute, where the district court erred in dismissing the plaintiffs’ claims for conversion, unjust enrichment, and breach of fiduciary duty against defendant Clainos, the executor of Graham’s estate; 2) reversed in part, where plaintiffs sufficiently alleged claims for conversion, copyright infringement, and declaratory relief against defendants Sagan, Norton LLC and Bill Graham Archives, LLC; 3) vacated in part, as to the post-motion-to-strike attorney fee award to defendant Clainos and BGA defendants; and 4) affirmed in all other respects.

Appellate Information

• Decided 12/27/2013
• Published 12/27/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel