The Beach Boys used to sing about endless summers. These days, at least two of them seem to be caught up in endless litigation.
The latest round came Tuesday when a judge rejected Beach Boys' singer Mike Love's motion to rule in his favor in Love's lawsuit against former bandmate Al Jardine. Instead, Superior Court Judge James R. Dunn ruled there was sufficient evidence for the matter to go to trial.
Dunn didn't immediately set a trial date, but Jardine's lawyer, Lawrence Noble, said he told attorneys for both sides to get in touch with him by the end of February to let him know the status of the dispute.
"The judge will then decide on a trial date, or if there should be mediation or additional motions," Noble said Wednesday. "Hopefully, this case will go away and Al Jardine can focus on making his music for his fans and not fending off this litigation."
Love's attorney, Phil Stillman, did not return a call for comment.
The Love-Jardine legal battle dates to 2001, when Jardine filed a $4 million action against Love and the Beach Boys' Brother Records Inc., alleging Love excluded him from concerts that year. The complaint was eventually dismissed and Love sued Jardine in 2003.
Dunn threw out part of Love's suit last September but allowed him to continue to seek $2 million in court costs and $1 million in earnings he says Jardine wrongly was paid for using the Beach Boys' name.
Love maintains only he has the legal right to perform under the name, and federal courts ruled in 2003 that Jardine must stop using Beach Boys in the title of his other bands. He had been performing under such names as Beach Boys Family & Friends and Al Jardine of the Beach Boys, but now calls his group Al Jardine's Endless Summer Band.
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." He plans to be back on the road this summer with Jardine's Endless Summer Band.