oe cor] 449 10 "1 42 13 14 15 16 7 18 19 20 at 22 23 24. 25 26 THE HONORABLE STEVEN GONZALEZ Hearing: Friday, May 30, 2008; 10:00 a.m. (Oral Argument) IN THE SUPERIOR COURT OF WASHINGTON STATE FOR KING COUNTY \CHRIS CORNELL, ) ) Plaintiff, ) ) vs. ) NO. 06-2-24639-0 SEA ) \VOLDAL, WARTELLE & CO.,P.S.,a ) — PLAINTIFF’S OPPOSITION TO ‘Washington Professional Service ) THE GEORGE DEFENDANTS” (Corporation; LEE E. JOHNSON; ) MOTION FOR PARTIAL SUMMARY TANET A. GEORGE; and JANETA. ) JUDGMENT RE: SONG CATALOG GEORGE INC. P-S., a Washington ) CLAIM [Professional Service Corporation; ) ) ) Defendants. [Eee SEE EEE EE eee) 1 RELIEF REQUESTED COMES NOW plaintiff Chris Comell, by and through his attorneys of record [rohnson + Flora, PLLC, and Mark Jolnson and Sims Weymuller, and respectfully requests that this Court deny the George Defendants Motion For Partial Summary Judgment Re: Song (Catalog Claim. Il. STATEMENT OF FACTS Plaintiff Chris Comell is a singer and song writer who served as front man for the ands Sound Garden, Temple of the Dog, and Audioslave, and who continues to enjoy (critical acclaim and commercial success as a solo artist. The Goorge defendants describe Mr. JOHNSON | FLORA IPLTF’S OPP. TO GEORGE verrehGt hy L 2508 Second Avenue, Suite 500 IPARTIAL S. J. RE: SONG CATALOG CLAIM - 1 Seattle, WA 98121 (206.986.5566 () 208.682.067515 16 7 18 19 20 at 22 23 24 25 26 Comell’s bands after Soundgarden as “short lived.” Whether that includes the band | Audioslave, which released three successful albums, garnered three Grammy nominations, |sotd over 8 million albums, and became the first American rock band to perform an open air Iconcert in Cuba is unclear. Mr. Comell co-wrote and performed the Grammy nominated Ieme song for the 2006 James Bond film Casino Royale, which appeared on Mr. Cornell’s Isecond solo album entitled “Carry On” and released in 2007. Mr. Cornell is, by any measure, !an established rock and roll musician with continued and continuing success. Defendant Janet George represented Mr. Comell in a dissolution proceeding with Mr. 'Comell’s now ex-wife Susan Silver. The history of that representation was detailed in Mr. ‘Comel!’s own motion for summary judgment. To avoid duplication, Mr. Comell lincorporates by this reference the fact section of Plaintiff's Motion for Partial Summary lTudgment RE: Breach of the Standard of Care. (Plaintiff’s Mot. For Part. Summ, J. at 1-8.) In that motion, plaintiff described and moved for judgment as a matter of law, Ms. George |failed to advise her client Mr. Cornell as to the material terms of the Property Settlement, | Agreement and failed to consult witi the expert attorney who she retained on the clients behalf, and breached the standard of care of a reasonably prudent lawyer in the same or similar circumstances. (Seo Plaintiff's Mot. For Part. Summ. J. at 11.) ‘The George defendants have implied in their brief that Mr. Cornell’s decision to get livorced from his now ex-wife Susan Silver was related in some way to Vicky Corell’s [pregnancy with their first child; an assertion that is simply not accurate. Indeed, Mr. Cornell Ihas produced, and the George defendants are aware of, undisputed evidence that Chris and |Vicky Cornell happily planned the pregnancy of their first child. (Declaration of Mark {Johnson in Support of Plaintiffs Opposition to the George Defendants’ Motions for Summary JOHNSON | FLORA \PLTF’S OPP. TO GEORGE DEFTS’ MOTION FOR. 2505 Sevond Avenue, Ste 500 PARTIAL S. J. RE: SONG CATALOG CLAIM - 2 ‘Seattle, Wa 924 () 206.386.5566 (1) 206.682.0675Ron oor oe 10 1 12 13 14 15 16 17 18 19 20 at 22 23 24 25 26 | udgment “Johnson Opp. Dect." Bx. 5, p 44:23 ~p, 45:6 and p. 49:17-21) Moreover, Mt |Comell had already discussed with Ms. George his desire to be divorced by March 1, 2004 |before he found out that Vicky was pregnant. ([d., EX. 5, p. 45:1-3; Ex. 6, p. 205:16-17)Mr. ‘Comell’s motivation for establishing a deadline by which his divorce must be completed was imply that his marriage with Ms. Silver was long since over and he knew that, after having lwatched several friends go through the same process, without a sharp deadline and incentive ho settle, the process could drag on for years. (Id, Ex. 2, p. 192:9 — 194:7; Ex. 4, p. 509:1-18) ‘The George defendants in their motion also intimate that Mr. Comell communicated iwith Ms. George that he intended to give to Ms. Silver 50% of the ownership interest in his lsong catalog. Importantly, no where in their motion, nor indeed in the record, is there any idence that Ms. George had a discussion about giving away 50% of the ownership interest intellectual property. For his part, Mr. Comell was never aware, as the author and fori copyrighted owner of the inteflectual property, that he was even capable of giving away wnership or control of his songs. (Id., Ex.2, p. 261:2-15) More importantly, when asked if \she has an understanding of whether or not the owner of intellectual property could, in a divorce, give away 50% of the ownership interest in the intellectual property answered: “I |don’t know that I thought about it specifically.” (Id., Ex. 6, p. 12:15-22) Ms. George stated that she believed Mr. Cornell wanted to give up ownership of 50% of his intellectual property jut then admitted that he never used the word “ownership.” (Id., Ex. 6, 44:10-45:4) It is [undisputed that Ms. George retained intellectual property attorney Steve Winters and he drafted a “Revenue Sharing Agreement” and, indeed, every version of the intellectual ‘property agreement was a revenue sharing agreement which discussed the right to receive income from royalties and not ownership. (Id., Ex. 6, p. 86:13-87:24; Bx.12, p. 187:1-25) JOHNSON j FLORA |PLTF’S OPP. TO GEORGE DEFTS’ MOTION FOR 2506 Second Avenue, Suite 500 [PARTIAL S. J. RE: SONG CATALOG CLAIM - 3 Seattle, WA 98121 () 206.388.5566 () 208.682.0675