A Superior Court judge ruled Tuesday that a lawsuit brought by the Beach Boys’ Mike Love against former band member Al Jardine can proceed to trial.
In ordering the case be heard by a jury, Superior Court Judge James R. Dunn denied Love’s motion to rule immediately in his favor. A trial date was not immediately scheduled.
Love is seeking $2 million in court costs and another $1 million in earnings he said Jardine wrongly was paid for using the Beach Boys’ name in connection with other bands in which he’s performed.
Love maintains that only he has the rights to perform under the Beach Boys’ name, and federal courts ruled in 2003 that Jardine must stop using the name. Jardine had been performing under such names as “Beach Boys Family & Friends,” “Al Jardine, Beach Boy” and “Al Jardine of the Beach Boys.”
The Beach Boys were founded in 1961 by brothers Brian, Carl and Dennis Wilson, their cousin Love and Brian Wilson’s friend Jardine.
Dennis Wilson died in 1983 and Carl Wilson died in 1998.
Brian Wilson continues to tour and record with his own band, and Jardine recently joined him for a tour featuring performances of the Beach Boys’ classic album “Pet Sounds.”