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Beach Boys' Lawsuit Wipeout
The Beach Boys could have used some good vibrations in court this month. Instead, their lawyer rubbed a Los Angeles judge the wrong way and ended up with a dismissed case.
The Surfin' Safari rockers' federal lawsuit against two men they accused of wrongfully hording and trying to sell band memorabilia was thrown out Dec. 11 after attorney Dan Morin was late for a pretrial hearing. (Thirteen minutes late, according to tmz.com.)
Morin represents Brother Records, which holds all the intellectual property and trademark rights of the Beach Boys. In this case, the company is acting on behalf of Brian Wilson, Al Jardine, Mike Love and the estate of Carl Wilson.
The Beach Boys filed suit in U.S. District Court against Allan Gaba and Roy Sciacca in January, claiming that Gaba, who owns a warehouse in North Hollywood, kept 13 out of 25 boxes of recordings, videos, sheet music, photos, contracts and other items when the surviving band members (Dennis Wilson died in 1983) moved musical instruments and other paraphernalia out of the building in 1994.
Then, according to the complaint, Sciacca, a friend of Gaba's, tried to unload the goods on eBay with the help of U.K. auction house Cooper Owen, telling the British company that he had obtained what he claimed was $2 million worth of items at a garage sale. The sale was canceled once the Beach Boys got wind of it and subsequently voiced their objections.
Before U.S. District Judge Manuel Real tossed the suit earlier this month, the case had been scheduled to go to trial in January.
Sciacca filed a countersuit in May, asking for either $20 million in damages or permission to proceed with the sale.
The Beach Boys have refused to bury their heads in the sand, however. They sued Gaba and Sciacca in Los Angeles Superior Court Dec. 5, alleging conversion (wrongfully interfering with goods); violation of right of publicity; misappropriation of name, voice and/or likeness; claim and delivery (they want their stuff back); conspiracy; and declaratory relief. The band is also requesting a permanent injunction against the defendants to ensure they don't profit from any shadily obtained souvenirs.
Per court documents, the Beach Boys chose to move their belongings out of Gaba's warehouse and into a Burbank facility because of issues that arose from Gaba's "apparent addiction to, and habitual use of, illicit drugs."
The Pet Sounds purveyors, who were seeking $20 million in their federal suit, are still thinking, wouldn't it be nice if we were awarded compensatory and punitive damages, and any "further relief as the Court deems just and proper."
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