Wednesday, April 1, 2026
Page 1
C.A. Says Litigation Should Have Ended After It Held in 2022 That No Contract Existed
By a MetNews Staff Writer
Div. One of the Court of Appeal for this district has declared that a Los Angeles Superior Court judge erred in allowing litigation over contractual rights to continue through Sept. 25, 2024, when he awarded $165,000.00 in attorney fees to the plaintiff, despite a Jan. 11, 2022 decision by the appeals court declaring that the underlying assignment of royalty rights was unenforceable.
The action was commenced on Feb. 10, 2011 by composer Leonard W. Borisoff—professionally known as Len Barry—seeking a declaration that an assignment or rights by him was invalid. His hits included “1-2-3,” “Like a Baby,” and “Somewhere.”
On the heels of the Court of Appeal’s 2016 reversal in Borisoff I of an order confirming an arbitration award in favor of the defendants, The Pullman Group, LLC and others, Los Angeles District Court Judge Daniel Murphy ruled that the “financial aspect of the assignment’s consideration was patently illusory” and enforcement would therefore be unconscionable, denying the motion for an order compelling arbitration.
Borisoff II
The defendants appealed. Then-Justice Victoria Chaney, now retired, authored the 2022 opinion, in Borisoff II, affirming Murphy’s orders.
Borisoff had died on Nov, 5 2020, and Currency Corp. was substituted as the plaintiff. Despite the Court of Appeal’s 2022 affirmance of the determination that no enforceable agreement exists, Currency on Nov. 15, 2022, filed an amended complaint, followed by a second amended complaint on Feb. 9, 2023, and skirmishing in the trial court persisted.
Murphy on June 18, 2024, granted Currency a declaratory judgment and three months later awarded the attorney fees.
Rothschild’s Opinion
Presiding Justice Frances Rothschild authored the unpublished opinion reversing the judgment, saying:
“Here, no actual controversy existed after we held in Borisoff II that the assignment agreement was unenforceable. Currency alleged that the assignment agreement was void and that Pullman had no rights under it, and after Borisoff II. Pullman agreed. Because Currency dismissed all causes of action except for the one seeking declaratory relief, the case should have been dismissed at the demurrer stage.”
Murphy had overruled demurrers.
Rothschild declared:
“Currency argues that Pullman showed there was an ongoing, actual controversy even after Borisoff II by disputing Currency’s declaratory relief claim. We disagree. Pullman disputed Currency’s claim only by denying that an actual controversy remained, not by asserting any rights under the assignment agreement. Denying that a controversy exists does not create or perpetuate the controversy.
“We conclude that the proper end to this litigation was dismissal. Accordingly, we will direct the trial court to vacate the judgment, including the attorney fees award, and enter a new judgment of dismissal.”
The case is Currency Corp. v. The Pullman Group, B340592.
Copyright 2026, Metropolitan News Company