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Jerry Garcia's Legacy Lawsuit
Highest Court California Court of Appeal
Year Ended 2010
Plaintiffs Family of Artist(s)
Defendants Business Entity of Artist(s)
Family of Artist(s)
Other Garcia, Jerry
Grateful Dead
Short Description As would be expected, Jerry Garcia's death caused significant turmoil that continued long afterward. Iconic personalities like Garcia, Jimi Hendrix, Jim Morrison, et. al., tend to leave litigation legacies in their wake. When Garcia died, his children and other heirs fought harshly for rights to his assets and, with court urging, formed an LLC to handle and distribute the moneys. This case arose from the windup up of the LLC. The LLC's manager filed claims in arbitration, according to the contract, though Plaintiff, Garcia's widow, did not answer or file any claims during dissolution. Instead Plaintiff brought suit in court. Plaintiff eventually participated in the arbitration, again without filing claims, and the arbitrator found for Plaintiff on two of the issues in the arbitration. Plaintiff brought suit to be granted attorneys' fees, as dictated by the contract. The judge confirmed the arbitration award but refused to hold Plaintiff to be the "prevailing party," required by the contract, and thus no attorneys' fees were granted. On Plaintiff's appeal, the lower court's holding was affirmed. The trial judge did not exceed his powers in refusing to recognize Plaintiff as the "prevailing party," and did not rely on illegitimate reasons. The arbitration confirmation was affirmed. - LSW

Legal Issues
Alternative Dispute Resolution Arbitration Arbitration Provision
    Judicial Confirmation/Rejection & Enforcement
Business Associations Limited Liability Companies Formation, Operation & Dissolution
Trusts & Estates Will Probate & Administration Characterization/Distribution of Assets & Obligations


Opinions Garcia v. Jerry Garcia Estate LLC
2010 WL 2724752
California Court of Appeal , July 12, 2010 ( No. A125892 )


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Related Searches Parties
Business Entity of Artist(s) ( Defendant )
Family of Artist(s) ( Plaintiff )
Family of Artist(s) ( Defendant )
Garcia, Jerry ( Other )
Grateful Dead ( Other )

Legal Issues
Alternative Dispute Resolution / Arbitration / Arbitration Provision
Alternative Dispute Resolution / Arbitration / Judicial Confirmation/Rejection & Enforcement
Business Associations / Limited Liability Companies / Formation, Operation & Dissolution
Trusts & Estates / Will Probate & Administration / Characterization/Distribution of Assets & Obligations

Courts
California Court of Appeal (highest court)


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