NURIA SCHOENBERG NONO, RONALD R. SCHOENBERG, LAWRENCE A. SCHOENBERG, individuals, Plaintiffs,

vs.

UNIVERSITY OF SOUTHERN CALIFORNIA, a nonprofit corporation; and DOES 1 through 10, inclusive, Defendants.

CASE NO: BC131528

PRELIMINARY INJUNCTION

Date: January 18, 1995
Time: 9:30 a.m.
Dept.: 86
Trial Date: None
Motion Cutoff: None
Discovery Cutoff: None

On January 18, 1995 at 9:30 a.m. in Department 86 of the Los Angeles Superior Court, Hon. Robert H. O'Brien, presiding, the parties appeared before the Court on an OSC Re: Preliminary Injunction. E. Randol Schoenberg of Katten Muchin Zavis & Weitzman appeared on behalf of the plaintiffs. Scott A. Edelman and Vivienne A. Vella of Gibson, Dunn & Crutcher appeared on behalf of the defendant. Plaintiffs have presented a sufficient showing of a reasonable likelihood of success on the merits, irreparable injury and the inadequacy of remedies at law for a preliminary injunction to issue pursuant to Code of Civil Procedure section 526.

THEREFORE, IT IS HEREBY ORDERED: Defendant University of Southern California and all persons acting in concert with it are preliminarily restrained and enjoined as follows, except with Plaintiffs' express written permission:

1. From using the facilities of the Arnold Schoenberg Institute for the following classes: Introduction to Concert Music, Music from Antiquity to 1750 and Music from 1750 to the Present, or any similar activities;

2. From using the facilities of the Arnold Schoenberg Institute for any recitals or concerts presented by the students or faculty of the following departments of the School of Music: Choral Music, Composition, Conducting, Electronic Music, Keyboard Studies, Keyboard Collaborative Arts, Opera, Strings, Vocal Arts, and Winds and Percussion, unless such recitals or concerts comply with the previously issued preliminary injunction, and paragraph 9 of the 1985 Understandings and the Draft Policy incorporated into paragraph 9 of the 1985 Understandings;

3. From using the facilities of the Arnold Schoenberg Institute for any classes, recitals, concerts or other activities of the School of Music, other than Composition Forum II or a seminar on the music of Arnold Schoenberg and his contemporaries;

4. From using the facilities of the Arnold Schoenberg Institute for any purposes not reasonably related to the activities of the Arnold Schoenberg Institute, as defined in paragraph 9 of the 1985 Understandings; and

5. From failing to give the Schoenbergs sufficient advance notification of any proposed activities at the Arnold Schoenberg Institute, in accordance with paragraph 2 of the 1985 Understandings. Plaintiffs are required to file an undertaking in the amount of $5,000 in Department 86 by January 22, 1996.

The Court reserves jurisdiction to modify this injunction as the ends of justice may require.

IT IS SO ORDERED.

Dated: February 1, 1996

Hon. Robert H. O'Brien