Broadcast Music, Inc. v. Structured Asset Sales LLC
Annotate this Case
After years of litigation over royalties and rights related to musical compositions, the trial court determined that Currency is entitled to the royalties and the rights to one set of musical compositions, that it has a security interest in the other musical compositions, and that Structured has no rights.
Currency appealed from the denial of its motion to recover the attorney fees it incurred litigating consolidated appeals resolved in 2019. Structured appealed from the denial of its motion for sanctions (Code of Civil Procedure section 128.7.1) in which it argued that Currency’s motion for attorney fees was frivolous.
The court of appeal affirmed. The law of the case doctrine barred Currency’s motion. A party is not entitled to section 128.7 sanctions unless the target of the motion has had 21 days to withdraw the allegedly offending paper, claim, defense, contention, allegation, or denial. When calculating the earliest possible day that a motion for sanctions can be filed, the day the motion was served is excluded and the last day is included. The trial court properly denied Structured's motion for sanctions because it resolved the attorney fees motion on the 21st day after service of the motion for sanctions, the last day of the safe harbor period.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.