Brother Records, Inc. v. Jardine

432 F.3d 939 BROTHER RECORDS, INC., a California Corporation, Plaintiff-Counter-Defendant-Appellant, v. Alan JARDINE, an individual, Defendant-Counter-Claimant-Appellee. No. 04-55096. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 15, 2005. Filed December 19, 2005. COPYRIGHT MATERIAL OMITTED Philip H. Stillman, Flynn & Stillman, Cardiff, CA, for the appellant. Lawrence C. Noble, Lawrence C. Noble & Associates, Ventura, CA, for the appellee. Appeal from the United States District Court for the Central District of California; Harry L. Hupp, District Judge, Presiding. D.C. No. CV-99-03829-HLH. Before CANBY, FERNANDEZ, and BERZON, Circuit Judges. CANBY, Circuit Judge. 1 Brother Records, Inc. ("BRI") is a California corporation that was formed by four of the original members of the music group "The Beach Boys." Alan Jardine was an original band member and is a director and shareholder of BRI. In a prior federal lawsuit, BRI successfully sued Jardine for trademark infringement. While that action was pending, Jardine filed suit against BRI and its shareholders in California Superior Court, alleging breach of fiduciary duty and related claims. The…