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J & J Sports Productions, Inc. v. Salinas

United States District Court, C.D. California

January 5, 2015

J & J SPORTS PRODUCTIONS, INC.
v.
CARLOS GUILLERMO SALINAS, ET AL

For J and J Productions Inc, Plaintiff: Thomas P Riley, LEAD ATTORNEY, Law Offices of Thomas P Riley PC, South Pasadena, CA.

Carlos Guillermo Salinas, individually and, doing business as, La Isla Bonita Salvadorian and Mexican Food, Defendant, Pro se, Canoga Park, CA.

Lidia Esperanza Salinas, individually and, doing business as, La Isla Bonita Salvadorian and Mexican Food, Defendant, Pro se, Canoga Park, CA.

CIVIL MINUTES - GENERAL

The Honorable WILLIAM D. KELLER, United States District Judge.

Proceedings: (In Chambers:) PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [#15]

I. INTRODUCTION

Plaintiff J & J Sports Productions, Inc. moves for summary judgment as to Counts I and/or II, and Count III against defendants Carlos Guillermo Salinas and Lidia Esperanza Salinas, individually and d/b/a La Isla Bonita Salvadorian and Mexican Food (hereinafter " defendants"). Plaintiff also seeks damages in the amount of up to $112, 200.00. The Court has considered the motion, and deems the matter appropriate for resolution without oral argument. See Local Rule 7-15.

Upon review, the Court GRANTS summary judgment on Counts I and III in favor of plaintiff.

II. BACKGROUND

Plaintiff is a commercial distributor and licensor of sporting events. (Compl. ¶ 20, Joseph M. Gagliardi Aff., ¶ 3.) Plaintiff was granted the exclusive nationwide commercial distribution rights to Floyd Mayweather, Jr. v. Miguel Cotto, WBA Super World light Middleweight Championship Fight Program (hereinafter " the program"), which was broadcast on Saturday, May 5, 2012. (Id. ¶ 18, Id.)

Defendants are owners and/or operators of the commercial establishment doing business as La Isla Bonita Salvadorian and Mexican Food. (Compl. ¶ ¶ 7, 8.) On Saturday, May 5, 2012, the evening that the program was displayed, plaintiff's investigator Gerald R. Andrews, Jr. observed the program exhibited at La Isla Bonita restaurant and bar. (Declaration of Affiant.) The program included the main event prizefight as well as fight commentary and under-card bouts. (Compl. ¶ 18, Gagliardi Aff., ¶ 3.)

Plaintiff alleges four counts against defendants: (I) a violation of Title 47 U.S.C. § 605, which prohibits the unauthorized interception and publication or use of radio communications, including satellite broadcasts; (II) a violation of Title 47 U.S.C. § 553, which prohibits unauthorized interception of cable communications; (III) conversion; and (IV) a violation of California Business and Professions Code Section 17200, et seq . ( See generally Compl.) Plaintiff moves for summary judgment as to Counts I and/or II and III.

III. LEGAL STANDARD

Summary judgment is appropriate where " there is no genuine dispute as to any material fact" and " the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). The moving party has the initial burden of identifying relevant portions of the record that demonstrate the absence of a fact or facts necessary for one or more essential elements of each cause of action upon which the moving party ...


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