Ruling Preserves Crux of Anaheim’s Lawsuit

In a decision that preserves the heart of its lawsuit against the Angels, the city of Anaheim can argue the team broke its lease by violating the spirit if not the letter of the agreement, a judge ruled Monday.

On the first day of the trial between the city and the team, Orange County Superior Court Judge Peter Polos considered 38 motions to limit evidence presented to jurors. The parties also submitted a list of 50 potential witnesses, including former Disney chairman Michael Eisner, Angel owner Arte Moreno, former Angel co-owner Jackie Autry and Angel broadcaster Rex Hudler.

In the day’s most significant ruling, Polos denied the Angels’ request to forbid the city from discussing the intent of the lease. The team contends its name -- the Los Angeles Angels of Anaheim -- clearly satisfies the lease requirement to “include the name Anaheim therein.” The city disagrees, and Polos indicated the wording could reasonably be open to interpretation.

“It’s clear there is ambiguity,” he said.

The city plans to explain the ambiguity by calling former Angel president Tony Tavares, who is expected to testify that Disney rejected Anaheim’s request to restrict the name to Anaheim Angels in case Eisner later wanted to change it to Mighty Angels of Anaheim, or something similar. Tavares and former city manager Jim Ruth, the lead negotiators, each are expected to testify the parties never intended to allow the flexibility to add another city or state to the name.

“If it’s governed by the intent of the parties, we feel very good,” city co-counsel Andy Guilford said. Angel spokesman Tim Mead said the team would not comment on any ruling.

Since no other major league team uses two geographic names, the city argues it should not have anticipated the Angels would do so. Angel attorney George Stephan disagreed in court, citing deposition testimony in which he said former Anaheim Mayor Tom Daly acknowledged the possible precedent of the NBA’s Kansas City-Omaha Kings.

Polos indicated he would have to be persuaded why the Angels should be allowed to discuss two-city names of teams in minor league baseball and in other sports, saying issues of custom and tradition should be limited to the major leagues.

The judge also said Anaheim’s talks with the NFL would not be an issue, ruling that whether Anaheim would consider negotiating for an NFL team with a Los Angeles name is irrelevant to whether the Angels have broken a deal already concluded with the city.

Jury selection is expected to start today.

The witness list includes Eisner and Autry, whose agreement to sell the Angels to Disney triggered the 1996 lease negotiations. Each could be questioned about those events, although Guilford said he did not expect either one to be called.

Hudler, the Angels’ irrepressible television analyst, said lawyers have asked him to explain how the team markets itself on broadcasts. He said Monday he would be excited to testify if needed.

“I’m excited about most everything, including taking out the garbage on Wednesday,” he said. “I’d be thrilled to help the process any way I can.”