Beach Boys Reunite...for Settlement

Brian Wilson turns up in court as Al Jardine and Mike Love settle their longstanding legal battle

By Josh Grossberg Mar 20, 2008 5:36 PMTags

The Beach Boys got around all right—to a settlement.

After two days of mediation talks, lawyers for Beach Boys cofounder Mike Love and former bandmate Al Jardine managed to make peace in their lingering legal dispute over use of the band's name.

Terms of the settlement were kept confidential.  But the two musicians were said to be satisfied with the outcome.

The battling Boys, with the aid of Los Angeles Superior Court Judge Alexander Williams, sat down Tuesday to avoid a trial and attempt to hash out a settlement to Love's claim that Jardine owes him about $2 million in attorney's fees racked up from previous litigation.

But the negotiations in chambers got off to a bumpy start when Love failed to appear on time, setting off some bad vibrations from the judge.

"What does that mean when someone doesn't show up?  That means they think they are more important than everyone else," Williams said angrily.

Love did eventually show and indicated that he was optimistic the parties could work out a compromise.

"That's what these [settlement conferences] are for," the musician said, crossing two of his fingers.

Joining Jardine and Love in the courtroom for part of Tuesday's session: band mastermind Brian Wilson, who even joined Jardine at one point for an impromptu a cappella rendition of "Help Me, Rhonda."

Wilson's presence seemed to indicate a deal —and possibly even a stage reunion of the surviving members of the Hall of Fame band—was doable.

Indeed, following the settlement, one lawyer hinted as much.

"Mr. Love and Mr. Jardine are looking forward to bringing more Beach Boys music around the world as the group approaches its 50th anniversary," said Carla A. DiMare, an attorney for the Carl Wilson Trust, which represents the late Beach Boy's family.

Love and Brother Records, the corporation which owns the Beach Boys' trademark, sued Jardine—a founding member of the seminal surf group—in 2003 to prevent him from touring under the Beach Boys name.

While Jardine jointly owns Brother Records along with Love, Brian Wilson and the estate of Carl Wilson, Love is the sole member who controls the license however and is the only surviving Beach Boy officially still touring under the moniker.

Jardine, who has hit the road in recent years fronting the likes of "Al Jardine, Beach Boy," "Beach Boys Family & Friends,"and "Al Jardine of the Beach Boys," not one of which contains an original band member.

But he was forced to abandon those billings after the U.S. Supreme Court refused to hear his appeal of a lower court injunction barring him from referencing the "Beach Boys" in his touring outfits.

That legal tussle came after Jardine filed a $4 million suit against Love and Brother Records back in 2001, alleging Love was leaving Jardine out of official Beach Boys concerts. The complaint was later dismissed.

Love sought to recover money for legal expenses associated with the suit.

However, Jardine's lawyer, Lawrence C. Noble, stated in court documents that Love's request for payment should be rejected on a technicality because the request was not filed in federal court. The case was scheduled to go trial April 14.

Jardine meanwhile is said to be finishing up work on a new solo album, A Postcard from California, which features guest turns from the likes of Crosby, Stills, Nash and Young, and Flea from the Red Hot Chili Peppers.