Berg v. Traylor
California Court of Appeal
56 Cal. Rptr. 3d 140 (2007)
Meshiel Traylor and Craig Traylor (defendants), mother and son, entered into a three-year contract with Sharyn Berg (plaintiff) to make Berg the film-industry manager of Craig, who was 10 years old at the time. The contract contained an arbitration agreement and expressly stated that Craig’s disaffirmance would not release his mother from the contract’s terms. The contract provided that Berg was to receive a 15 percent commission on Craig’s industry income during the three-year period, including income from employment offers received during that period even if the money was earned after the three years ended. During the three-year period, Craig received a recurring television role on Malcom in the Middle. Meshiel sent a letter to Berg purporting to end the agreement and stating that the Traylors would no longer be paying Berg. Berg filed suit against the Traylors for breach of contract. The case went to arbitration, and Meshiel attended the arbitration without a lawyer or Craig. Berg presented her evidence, and the arbitrator entered a default judgment against Craig and awarded Berg approximately $175,000, plus another $405,000 in projected future earnings. At no time did Craig have his own lawyer or a guardian ad litem. Berg filed a petition to confirm the arbitration award, and the Traylors responded with Craig’s disaffirmance of the contract and a petition to vacate the arbitration award. The trial court ruled for Berg, finding that the Traylors’ petition was untimely. The Traylors appealed.
Rule of Law
Holding and Reasoning (Doi Todd, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 177,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.