Jesus Aries Music Case Study
Mediation Brief
Jesus Vaca v. Aries Music/Louis Pisterman
Statement of Facts
In 2003, Jesus Vaca (Vaca), artist and record label owner of the company Discos Aztlan, entered an agreement with Aries Music owned by Louis Pisterman (Pisterman), to distribute Vaca’s music. Vaca agreed to 3 years agreement with optional 3-year extension. The agreement required that Vaca will deliver 4 albums a year (total of 24 albums). Pisterman would charge 50% of the net royalties earned by Vaca’s music. Vaca exceeded this requirement and within first 5 years delivered 33 albums. Around 2007 Vaca decided to look for a more favorable deal. When Vaca questioned Pisterman about the accounting (royalties) and informed Pisterman that he is not interested in extending …show more content…
Aries owes Vaca royalties in excess of $200,000 (based on subpoena documents). Vaca attempted to recover his music and his royalties expeditiously by filing a suit against Aries Music in Small Claims Court. In order to avoid adjudication, Aries Music moved the case to the Superior Court just five days before Small Claims Court trial. Furthermore, Aries Music in attempt to intimidate Vaca, filed frivolous claims against him for the sole purpose of intimidation and harassment, hoping the through those tactics Pisterman will be able to convert Vaca’s …show more content…
Five days before trial, in May of 2017, Aries Music moved the case to the Superior court and filed a complaint against Vaca and DMG. The Parties answered the complaint, and Vaca filed a motion for an injunction on The Orchard to stop Aries Music from collecting his royalties. The motion was denied. The case is set for trial on April 16, 2018. To date, no discovery has been conducted by either party.
Settlement Negotiations
There were no prior negotiations between Vaca and Pisterman/Aries Music and there were no CCC § 998 offers made.
What is the Best offer from Vaca to settle this matter?
In consideration of judicial economy and in an effort not waste time or resources, Vaca is interested in settling this matter. A proposed offer must reasonable, and proportional to the converted funds. Although Vaca up to this point represents himself in pro se, if the case goes to trial, Vaca will have a trial attorney, and will ask court to be awarded occurred legal fees and expenses.
Final Word
Vaca spent a lot of money and time producing and creating his music and his music is now being held illegally by Aries. Nevertheless, Vaca is willing to mediate this issue within a reasonable means and expectations. Vaca hopes that a compromise can be reached and the settlement
Jesus Vaca v. Aries Music/Louis Pisterman
Statement of Facts
In 2003, Jesus Vaca (Vaca), artist and record label owner of the company Discos Aztlan, entered an agreement with Aries Music owned by Louis Pisterman (Pisterman), to distribute Vaca’s music. Vaca agreed to 3 years agreement with optional 3-year extension. The agreement required that Vaca will deliver 4 albums a year (total of 24 albums). Pisterman would charge 50% of the net royalties earned by Vaca’s music. Vaca exceeded this requirement and within first 5 years delivered 33 albums. Around 2007 Vaca decided to look for a more favorable deal. When Vaca questioned Pisterman about the accounting (royalties) and informed Pisterman that he is not interested in extending …show more content…
Aries owes Vaca royalties in excess of $200,000 (based on subpoena documents). Vaca attempted to recover his music and his royalties expeditiously by filing a suit against Aries Music in Small Claims Court. In order to avoid adjudication, Aries Music moved the case to the Superior Court just five days before Small Claims Court trial. Furthermore, Aries Music in attempt to intimidate Vaca, filed frivolous claims against him for the sole purpose of intimidation and harassment, hoping the through those tactics Pisterman will be able to convert Vaca’s …show more content…
Five days before trial, in May of 2017, Aries Music moved the case to the Superior court and filed a complaint against Vaca and DMG. The Parties answered the complaint, and Vaca filed a motion for an injunction on The Orchard to stop Aries Music from collecting his royalties. The motion was denied. The case is set for trial on April 16, 2018. To date, no discovery has been conducted by either party.
Settlement Negotiations
There were no prior negotiations between Vaca and Pisterman/Aries Music and there were no CCC § 998 offers made.
What is the Best offer from Vaca to settle this matter?
In consideration of judicial economy and in an effort not waste time or resources, Vaca is interested in settling this matter. A proposed offer must reasonable, and proportional to the converted funds. Although Vaca up to this point represents himself in pro se, if the case goes to trial, Vaca will have a trial attorney, and will ask court to be awarded occurred legal fees and expenses.
Final Word
Vaca spent a lot of money and time producing and creating his music and his music is now being held illegally by Aries. Nevertheless, Vaca is willing to mediate this issue within a reasonable means and expectations. Vaca hopes that a compromise can be reached and the settlement