Angels Ask Court to Throw Out Majority of Suit

As the city of Anaheim prepares for a lengthy legal battle with the Angels, the team has asked for a judicial ruling that would all but throw the case out of court.

The city alleges the Angels’ new name, the Los Angeles Angels of Anaheim, violates a stadium lease provision requiring the team name to “include the name Anaheim therein.”

The Angels ask that three of the four counts in the city’s complaint be dismissed -- an action that could gut the city’s case -- because the name does not violate the lease. Orange County Superior Court Judge Peter Polos ruled last month that the Angels have “technically complied” with the lease.

The team’s motion, called a demurrer, essentially asks Polos to rule that the city cannot win even if all their facts are correct. No matter what the city might argue about the intent of the lease, the team wants Polos to ignore those explanations and whittle the case to one issue of law: a literal interpretation of the lease.

“If the only question is, does the lease allow this or not allow this, that’s an issue of law,” said Sheldon Eisenberg of the Santa Monica law firm Bryan Cave.

In its response to the motion, the city argues technical compliance violates the spirit of the lease and explanations must be heard, noting the agreement could otherwise be satisfied with such “absurd” names as “The Los Angeles Angels, a great team representing the world class city of Los Angeles and subsidized in part by the gullible taxpayers of Anaheim.”

The city contends the new name robs Anaheim of the publicity benefits intended under the lease, in which the team adopted the Anaheim Angel name in exchange for a $20-million city contribution to stadium renovations.

A hearing is scheduled March 2. Polos can grant the Angels’ request, deny it or direct the city to rewrite its complaint.

Also Wednesday, city spokesman John Nicoletti said the City Council approved consultation payments of $4,000 to each of three prominent lawyers who advised the council to pursue the lawsuit. Mayor Curt Pringle said the investment helped persuade the council that city funds would not be spent on a futile case. The city could face a million-dollar legal bill.