Barbecue ‘King,’ Partners Embroiled in Dispute : Courts: Fred Burrell’s associates in Newport operation have filed for liquidation. He is suing them for libel, slander.

Fred Burrell, dubbed “the undisputed king of barbecue in these parts” by a local food critic, certainly didn’t expect so much heat when he opened a new kitchen earlier this year.

But his Newport Beach carry-out, Burrell’s Quick Stop, has embroiled the well-known Orange County chef in a legal dispute that has become hotter than a rack of ribs over glowing coals.

The Quick Stop, which opened in January, is the fourth restaurant to carry the Burrell name. His first eatery, the rustic Rib Cage, began serving barbecue in Santa Ana in 1981.

The new location has not been profitable, however, and that has touched off a fight between Burrell and his two investment partners: Richard V. Wells of Lake Forest and Albert Kleist of Mission Viejo.

Accusing Burrell of failing to operate the restaurant as he had promised, Wells and Kleist last month filed for liquidation of the Quick Stop’s parent company, Burrell’s Newport Beach, in U.S. Bankruptcy Court in Santa Ana. A hearing is set for Aug. 10.

Burrell counters that he was never paid royalties that were due to him. He has also sued his partners for libel and slander over their allegations that he stole food from the restaurant.

“I ain’t going to take one dime from somebody and jeopardize 13 years of hard work,” the jovial, bearded Burrell said last week.

The bankruptcy lawyer for Wells and Kleist says that Burrell neglected the Quick Stop from its infancy. “Unfortunately,” said John Kunath Jr. of El Toro, “Mr. Burrell ran the restaurant into the ground.” Sales never met projections, Kunath said, and Burrell stopped managing the place after the partners refused to pour in any more money.

Burrell counters that he keeps a careful watch on all of his eateries but that he was so shut out of operations at the Quick Stop that his partners would not let him see the books.

Burrell holds a two-thirds ownership in the partnership in return for use of his name, recipes and management skills. Wells and Kleist, who took out a loan of $128,000 to start the business, share the other third.

The partnership was strained almost from the start. Wells at one point ordered the staff to call the police if Burrell showed up at the Newport Beach location, Burrell recounts, and workers obeyed that order on an April day when the chef walked in. An officer was dispatched, Burrell said, so he left. “I’m not going to shake a fist at nobody,” he explained.

Kunath said the police were called only because Burrell was threatening to remove equipment from the takeout.

Wells and Kleist, meanwhile, have taken over day-to-day operations of the restaurant. But Burrell has had the corporate name changed to Newport Barbeque and Deli.

As of last week, the signs on the wall still read “Burrell’s.” And the manager said she is still preparing Carolina-style barbecue in the Burrell style. “We want to keep going,” manager Debra Vreeland said.

Burrell contends that he has about $5,000 worth of equipment in the store and that he is owed $30,000 in royalties. In his libel and slander lawsuit in Orange County Superior Court against his partners, the chef says Wells told the staff that Burrell “was stealing food from the Newport Beach restaurant and transferring it to his Irvine restaurant and that 911 should be called” if he showed up.

Wells will not comment on the case. Kleist could not be reached to respond.

Burrell said moving food between locations is a common practice for restaurant chains. He denied that he stole anything.

The 42-year-old chef concedes that his restaurants face an uphill struggle in a down economy. Besides the original Rib Cage and his fancy, sit-down Irvine eatery, Burrell had another Santa Ana restaurant that he closed last year. Times are tough for all his restaurants, he admits. Just how rough, he won’t say. But he is quick to add, “I consider myself a survivor in this business. . . . While most are going under, we’re digging ourselves out.”

Burrell prides himself on his business acumen, noting that he was a business major in college and at age 20 became the youngest manager of the Howard Johnson’s restaurant chain.

He also enjoys a growing reputation in the culinary community. Last weekend, for instance, when he cooked for the Taste of Orange County, he was singled out from the stage by David Hidalgo, lead singer of Los Lobos. Hidalgo said that, as a “fat guy,” he is well qualified to vouch for the excellence of Burrell’s cooking.

His cooking has drawn praise from local newspaper critics, including the Times Orange County’s Max Jacobson who in an April review declared Burrell “the king of ‘cue.”

So hopes were high for Quick Stop when it opened. But it has not made money and, in fact, is having trouble paying its bills. The landlord for the Newport Beach location, which the partners lease for $3,468 a month, is seeking more than $10,000 in back rent, according to bankruptcy court documents.

The Quick Stop partners, pending settlement of their legal differences, show no signs of calling off their feud. Last week, Burrell canceled Quick Stop’s phone service.

“The telephone is connected to the Burrell name,” the founder explained.

The old number, however--printed on thousands of flyers distributed across Newport Beach and Costa Mesa earlier this year--is not dead. Callers who dial it are now connected to Burrell’s restaurant in Irvine.

The Newport Beach location was not open for business Thursday afternoon. The building was deserted and the doors locked. No signs were posted to indicate whether the closing is temporary or permanent.