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Suit's Still Up
The Court of Appeal of California, Second Appellate District, Division Seven, held that Al Jardine can proceed with his claim of breach of fiduciary duty against individuals who control The Beach Boys' business entity. Jardine v. Love, B161099. The Los Angeles Superior Court had found that a trademark ruling by a federal appeals court against Jardine over concert use of The Beach Boys' name barred the state court suit. Jardine alleged in the state suit that the other shareholders and directors of Brother Records Inc. had improperly turned control of the Beach Boys' business over to band member Mike Love and had refused to pay Jardine a share of monies earned from Beach Boys' performances. Reversing and remanding in an unpublished opinion, the state court of appeal noted, however, “We find that the primary right claimed by [Jardine] under his federal breach of implied contract [counterclaim] was his right to perform [using The Beach Boys' name] under the implied contract, while the primary right claimed under his breach of fiduciary duty claim was his right as a minority shareholder not to have the value of his share of the corporation diminished by the actions of the remaining shareholders as directors.”
Concert Injury Suit to Continue
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