SAN FRANCISCO - Two musicians are warring over the ownership of their band in a March 26 lawsuit filed in the San Francisco County Superior Court.
The complaint was filed by plaintiff Noam Eisen against defendant Emily Day, both of whom were members of the band The Cosmo Alleycats. According to the suit, Eisen has been in the band for more than a decade, and eventually took over operations for the disorganized hobby band to turn it into a profitable business making six figures each year.
Eisen says he discovered defendant Day in 2013 and invited her to join the band, then shortly after entered a California general partnership for the band to share its responsibilities, profits and liabilities.
Day and Eisen then became romantically involved for two years; Eisen accuses Day of then attempting to steal ownership of the business from him when their romantic involvement ended by removing his presence from the band's online platforms and attempting to create a Cosmo Alleycats LLC, and other allegations of intellectual property theft.
The defendant has allegedly wrongfully forced Eisen out of his business solely out of spite due to their romantic involvement and defamed his name in the local music industry.
Day is charged with breach of oral contract, breach of implied contract, breach of fiduciary duty, interference with contracts, interference with prospective economic interest, conversion, unfair competition, accounting, defamation and declaratory relief.
Eisen is represented by the Austin Law Group.