image32

VICTORY IN COURT OF APPEAL [FEBRUARY 2019]

 

In a published decision issued on February 27, 2019, the California Court of Appeal unanimously affirmed our victory in Cleopatra Records, Inc. vs. Gilbert Kelly Crowley & Jennett LLP.  


We originally prevailed at trial against the producer of the Broadway show "Million Dollar Quartet," Floyd Mutrux,  in 2015, for approx. $1 million. Mutrux then purported to assign his revenues from Million Dollar Quartet to his lawyers at the Gilbert Kelly law firm, however, we argued that our judgment, which we recorded and perfected, had priority over Gilbert Kelly's purported assignment , which had not been recorded.  While the Gilbert Kelly firm argued that its assignment constituted a transfer of Mutrux's interest in the revenues, we established that the assignment created a security interest subject to Article 9 of the Uniform Commercial Code ("UCC") and, therefore, priority to Mutrux's revenues was determined based on perfection of the security interest. 


The trial court agreed with our analysis. The Court of Appeal, in affirming the trial court's decision, wrote "[u]nlike Gilbert Kelly, we cannot pretend the UCC does not exist," holding that Cleopatra Records' judgment lien had priority over Gilbert Kelly's assignment of Floyd Mutrux's revenue in Million Dollar Quartet. 


Gutman Law represented Cleopatra at trial and on the appeal, along with our esteemed colleague, Evan S. Cohen. 

Judgment for Defense in Seretti v. Augustine, Trustee of the Jojazak Irrevocable Trust [Sept 2018]

Following a 13-day trial before the Hon. Victor Chavez, at the Spring Street Courthouse, our motion for judgment was granted after Plaintiff rested his case-in-chief. We represented the court-appointed trustee who inherited the claims against the trust based on Plaintiff's $1.4 million investment in real estate developments in 2006. We offered $800,000 before trial commenced; Plaintiff never made a demand or counter-offer, and then Plaintiff's forensic accounting expert claimed that Plaintiff was entitled to damages of $8.5 million.  Judgment was entered in favor of Defendants on September 6, 2018.

Judgment for Defense in breach of contract case [July 2018]

Gutman Law successfully represented the defendant in a breach of contract case tried before the Hon. Monica Bachner.

image33

Five Finger Death Punch - Case Settled [October 2017]

 Gutman Law is pleased to report that chart-topping, hard rock superstars Five Finger Death Punch and its label, Prospect Park, have resolved their dispute and differences. The band and label are excited to announce the release of  a greatest hits album with two new songs in December 2017 and the release of a new record next year.

image34

$2.7 million judgment in Minmetals v. Hanwa [September 2017]

Following an 8-day arbitration before the Hon. John Zebrowski, Justice of the Court of Appeal (Ret.), Gutman Law's client Minmetals, Inc., the US subsidiary of China Minmetals Corporation, obtained a judgment in the amount of $2.7 million against Hanwa American Corp., a subsidiary of Hanwa Co., Ltd. of Japan. 

Victory for Cleopatra Records, Inc. on "Million Dollar Quartet" Judgment [May 2017]

 After having obtained an approx. $1 million judgment against "Million Dollar Quartet" producer Floyd Mutrux and his production company in 2015, Cleopatra Records prevailed (again) against Mutrux's attorneys who claimed that Mutrux had assigned his revenues from that show to the firm to pay outstanding fees and costs.  

image35

Confidential Settlement in Copyright Infringement Case vs. T-Mobile

Obtained a confidential settlement in connection with a copyright infringement case brought on behalf of Immediate Music, Inc.,  the leading provider of music for motion picture advertising, product advertising, television promos, video game trailers and other media.  

image36

Confidential Settlement with Pitbull [November 2016]

 Gutman Law represented Pitbull's former management and obtained a confidential settlement prior to trial. 

image37

Dismissal for Ice Productions on Avril Lavigne claims [Summer 2016]

 Gutman Law obtained summary judgment on all claims brought by Avril Lavigne's touring company in connection with payments for a concert.