A California Superior Court judge rejected a lawsuit by original Beach Boys member Al Jardine against two of his ex-bandmates, noting that a federal court has already dismissed similar allegations.

A California Superior Court judge rejected a lawsuit by original Beach Boys member Al Jardine against two of his ex-bandmates, noting that a federal court has already dismissed similar allegations. Jardine, the band's lead guitarist, filed suit last summer against fellow Beach Boys members Brian Wilson and Mike Love, claiming he had been frozen out of the famed surf rock group.

The 59-year-old Jardine, who also alleges that he was excluded from a series of concerts last year, is seeking $4 million and additional unspecified damages.

Superior Court Judge James Dunn said yesterday (April 24) that issues raised in Jardine's state court lawsuit were previously addressed in a federal suit that was later dismissed. Although he rejected Jardine's lawsuit, Dunn allowed him to amend and refile the complaint. A hearing is scheduled for May 30.

Jardine's attorney, Jeffrey Benice, said his client will file an amended complaint that will try to distinguish the action from the issues covered by the federal court. Benice also said that Jardine is appealing the federal decision.


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