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a role that petitioner was unable to fulfill, not only because of
her lack of experience in the music industry, but also because
she held a full-time job throughout 1999: until November 14, as
store manager and district training coordinator at Mervyn’s
Department Store (Mervyn’s) in Hayward, California, and,
thereafter, as store manager at a GAP store (the GAP) in Beverly
Hills, California.2
At the time of the trial, petitioner had contributed
approximately $35,000 toward furthering Melissa’s career,
financed, in part, by a $24,000 distribution from her section
401(k) retirement plan.
Since the inception of Cool G Records and the start of
Melissa’s efforts to build a reputation as a singer and composer,
both of which occurred in 1999, Melissa has not been compensated
for any of her live or recorded performances.
From the time it became clear that Melissa intended to
pursue a professional career in show business, i.e., from the
time Melissa began attending the Los Angeles High School for the
Performing Arts, petitioner and Melissa have had an oral
agreement or understanding that any reimbursement to petitioner
of moneys invested in Melissa’s career would be realized solely
2 During 1999, petitioner earned gross wages of $78,558
from Mervyn’s and $6,669 from the GAP.
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