Brown v. Goldstein

*420Former and current members of the band WAR filed a breach of contract action alleging that their music publisher had failed to pay them a share of the royalties generated from public performances of the band's songs.

The publisher filed a motion for summary judgment arguing that the parties' music publishing agreement did not require it to pay the band any *421royalties derived from song performances. Plaintiffs, however, argued the agreement was ambiguous, and filed extrinsic evidence in support of their interpretation. The trial court concluded the agreement was not reasonably susceptible to the…