Bit Parts

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 Reversing and remanding in an unpublished opinion, the state court of appeal noted, however, “We find that the primary right claimed by [Jardine] under his federal breach of implied contract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

The Court of Appeal of California, Second Appellate Division, Division One, reversed a grant of summary judgment that had been granted in favor of a club owner in a suit by an injured patron. Anton v. The Roxy Theater, B165830. Plaintiff Robert Anton was allegedly attacked and beaten unconscious when he attended shows by a “faux facist” band and a hardcore punk group. Anton claimed in his negligence suit that none of the Roxy's security guards offered him help either during or after the attack. The club argued that the attack wasn't foreseeable. But in an unpublished opinion, the court of appeal stated, “Without expressing a view about what would be sufficient at trial, the point now is that [the] evidence is entirely insufficient to support summary judgment because it does not defeat Anton's claims that the guards were inadequately trained and inadequately supervised, and that they acted unreasonably under the circumstances of the unprovoked attack on Anton.”

Royalty Software Injunction Denied