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CASE CAPTION: Don Mizell v. Act III Communications Inc., Ray Charles Enterprises Inc. and Starbucks Corp., L.A. Superior Court # BC328914.
CAUSES OF ACTION: Breach of implied contract; breach of express contract; and conversion.
COMPLAINT ALLEGATIONS: The plaintiff is a creative executive and attorney who has worked in the music industry for more than 25 years. Act III is the successor in interest to Concord Records. In September 2002, the plaintiff contacted Concord seeking an agreement to finance and distribute a CD of Ray Charles with other high profile guest artists. Concord set forth its willingness to compensate the plaintiff for his ideas, but in February 2003, the plaintiff discovered that Concord had used his ideas but did not pay him. The CD “Genius Loves Company” was distributed by Starbucks. In November 2003, Ray Charles Enterprises agreed to give the plaintiff credit as producer but didn't.
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