David Weisman vs Michael Post

Case No.: 1469303    

Nature of Proceedings: Motion: Order Substituting Party

Tentative Ruling: The court grants Chase Mellen, III’s motion to be substituted as party plaintiff in this action.

Background: On October 24, 2014, plaintiff David Weisman brought this action against defendant Michael Post to determine that defendant had no publicity rights under Civil Code § 3344.1 because Edie Sedgwick was not a “deceased personality” as defined in that statute. On August 26, 2019, the court entered judgment after a court trial in favor of plaintiff.

On October 8, plaintiff served by mail a notice of entry of judgment and a memorandum of costs in the amount of $12,312.30 plus attorney fees in an amount to be determined. There is no motion to tax or strike costs. On November 7, defendant filed a motion for new trial, which the court denied on November 25. On November 22, the court granted plaintiff’s motion for attorney fees in the amount of $104,863.50. On December........