Beach Boy Alan Jardine Files Suit Against Brian Wilson

07/05/2001 3:00 PM, Yahoo! Music
Craig Rosen

(7/5/01, 3 p.m. ET) -- The battle between members of the Beach Boys over rights to the group's name continues--Alan Jardine filed a lawsuit in Los Angeles Superior Court on Friday (June 29) against Mike Love, Brian Wilson, Melinda Wilson (Brian's wife), Bernard Gudvi (director of the Carl Wilson Trust), and Brother Records, Inc. (BRI) for breach of fiduciary duty and declaratory relief. Jardine's lawsuit claims, in part, that he's been "wrongfully excluded from rendering his personal services in connection with live concert and touring aspects of the Beach Boys business."

Jardine is fighting to continue use of the name "The Beach Boys Family and Friends," the moniker he's been touring under for the last several years. In 1998, at a BRI board of director's meeting, Mike Love was given permission to use the Beach Boys name, despite objections from Jardine. BRI attorney Ed McPherson said the company voted in favor of giving Love permission to use the Beach Boys name at the time because he was the lead singer of the band for 30 years, and was most associated as a member of the group, while Jardine sang lead vocals on one song. Jardine is the only original member of the Beach Boys in "The Beach Boys Family and Friends," which includes his two sons, Matt and Adam Jardine, and Brian Wilson's two daughters, Wendy and Carnie Wilson. In the spring of 1999, BRI filed a lawsuit in federal court in Los Angeles seeking to prevent Jardine from using the Beach Boys name.

Jardine's new lawsuit also states, "Jardine has suffered damages in a sum according to proof at trial, but substantially in excess of $5,000,000. Jardine is further entitled to prejudgment interest on all sums awarded according to proof." And in summary, the suit states that Jardine is looking for "an award of compensatory damages in an amount to be determined at trial; an award of punitive damages within the jury's discretion; for costs of suit incurred in this action; for declaratory relief; and for such other and further relief as this Court may deem just and proper."

McPherson told LAUNCH that Jardine's claims are a last ditch effort and completely "unmeritorious." A trial date has not yet been set.

-- Sue Falco, New York

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