Below is a copy of the April 14, 2021 email to BMI lawyer AnnMarie Mori. The full details of the problem with BMI and Erika Stallings are set forth in the First Amended Complaint, beginning p. 40, "FACTS RELEVANT TO THE UNDERLYING CASE AGAINST BMI."
Dear Ms. Mori,
My lawyer Scott Sobel (copied) informs me that BMI are once again threatening an Interpleader action. At this time, Mr. Sobel does not represent me in that matter. Likewise, I am currently unrepresented as against any Defamation claim by Erika Stallings (copied).
Your threatened Interpleader action is not merely frivolous, it is malicious. You are making intentional misrepresentations of both fact and law. The factual matters in play are judicially noticeable, and therefore beyond any dispute.
The issue of whether the assignment of BMI royalties violated a court order was litigated and argued at the November 7, 2019 hearing on Motion to Dismiss Clair Marlo's Contempt action. Marlo's counsel Joe Yanny argued that because the order precluded me from assigning works, that was the same as precluding me from assigning royalties. That argument failed. A work is not a royalty. A royalty is not a work.
After witnesses were sworn in, and jeopardy attached, and both sides had argued my Motion to Dismiss, the Court dismissed the action under Penal Code section 1385. The Court specifically stated on the record that since this was a Misdemeanor, it could not be re-filed. There is NOT a dispute as to the proper payee of my BMI royalties. Period. You and BMI have fabricated a false pretext on which to withhold them. And you know it. And I can prove that you know it.
Your contention that the Contempt issue is reserved for trial is false and judicially noticeable. The Court's statements about issues reserved for trial relate generally to all trial issues, and specifically to the comments at the November 7, 2019 hearing - i.e. potentially re-allocating the royalties as something other than 50-50.
Nobody has ever disputed that the July 7, 2016 Royalty Re-allocation Order was a Pendente Lite, or temporary order. The Court is easily able to re-allocate the royalties again, after the royalty assignment, as it did before. The assignment of royalties did not affect the Court's ability to do whatever it wants to do at trial, nor did it affect Marlo in any way, shape or form, and you know it. And I can prove that you know it.
Attached is Marlo's trial brief, which I can assure you is a pack of lies and irrelevancies about me. That said, there is NOT ONE WORD about trying the "dispute" you claim exists. Please read Marlo's trial brief and then confirm with me that you cannot point to any place in that brief where Marlo contends that my assignment of royalties violated a court order.
Important: Please note that Marlo's Trial Brief was drafted and filed AFTER the Contempt Action was dismissed. If there was a "dispute" regarding the assignment of royalties, and was to be litigated at trial, it would be in there. It is not there. And you know it. And I can prove you know it.
After you review Marlo's Trial Brief and confirm the non-existence of any dispute, please immediately lift the royalty withhold, pay me $47K, and disclaim all intent to file an Interpleader. If you are willing to do those three things immediately, I am willing to discuss a global settlement.
As to Ms. Stallings prior threat to sue me for defamation based on "The Ballad of Erika Stallings", I repeat and publicly re-allege that Erika Stallings is guilty of fraud for fabricating a false pretext on which to withhold my money. I will NEVER, EVER stop speaking truthfully and publicly about what Erika Stallings did to me, which not only constitutes intentional torts, but crimes as well. I make those statements through written prose, and through artist song lyrics, and through any other medium of my choosing.
I have never and will never deny making public accusations of BMI's and Ms. Stallings' wrongdoing. Should you choose to bring your defamation action, my defense will in essence consist of a single word: "truth".
I am willing to discuss a lifetime non-disclosure agreement in the context of a global settlement with BMI. Unless and until such agreement is executed, you may expect me to use best efforts to publicize the facts of this situation. My only regret to date is my relative impotence in that regard. But I'm working on it.
While I do not mind you copying Mr. Sobel, all communications regarding Interpleader or Defamation are to be directed to me until further notice.
All rights reserved.
Thank you. -- Alexander C. Baker, J.D. President, Post Modern Justice Media Project