MCA RECORDS, INC., Plaintiff and Respondent, v. OLIVIA NEWTON-JOHN, Defendant and Appellant, 90 Cal. App. 3d 18

Summary

Defendant singer had a recording contract with plaintiff record company. Following three recordings by defendant, both parties filed breach of contract actions against each other. The trial court granted plaintiff a preliminary injunction which barred defendant from recording with anyone but plaintiff while plaintiff's action was pending or until April 1, 1982, if that date should occur during the pendency of the action. The court affirmed the preliminary injunction, but modified it by deleting the phrase "or until April 1, 1982, if that date should occur during the pendency of the action." The court held that the language was inappropriate because the injunction could not extend the term of the contract beyond its specified maximum, and misleading because the injunction was merely a preliminary injunction, whose sole function was to preserve the status quo pending a final judgment in the action.