The city of Anaheim has filed a brief at the California Court of Appeal’s fourth appellate district to try and reverse an earlier decision in favor of the Los Angeles Angels of Anaheim’s name change.
The city’s brief, which was filed Friday, seeks to have the baseball team’s name changed back to Anaheim Angels.
“Many people think the fight has ended over the Los Angeles Angels of Anaheim team name and they have to understand that it hasn’t,” said Mike Rubin, partner at Costa Mesa-based Rutan & Tucker LLP, who is representing Anaheim along with others from Rutan and Sheppard, Mullin, Richter & Hampton LLP in Costa Mesa.
The city of Anaheim sued Angels Baseball owner Arte Moreno after the team’s name was changed from the Anaheim Angels to the Los Angeles Angels of Anaheim in 2005.
Anaheim is appealing an Orange County Superior Court jury’s earlier verdict because it believes there were legal errors in the 2006 trial against Angels Baseball LP.
The city’s lawyers argue that there were errors in the trial because the jury was not given certain key instructions concerning state law, which mislead them when they interpreted evidence. Anaheim’s lawyers also argue that the jury was given evidence that should not have been submitted in trial.
The Anaheim Angels name change was the county’s biggest court case in recent years. At the center of debate was whether the team’s name change violated its 1996 lease for the city-owned stadium, which requires “Anaheim” to be included in the team name.
Anaheim lost its lawsuit against the Angels in February 2006 after nine members of the jury sided with the team after a month-long trial.
The city appealed the verdict in June of 2006. Friday’s briefing is the third in a series of briefs related to the verdict and Angels Baseball’s appeal to have the city of Anaheim pay its attorney fees.
Angels Baseball has 30 days to respond to the appeal, after which oral arguments will be scheduled.
“Both parties have worked together in doing what we need to do,” Angels spokesman Tim Mead said. “We know the appeal and it’s just part of the legal process. For us, it’s business as usual as we move forward to spring training in the 2008 season.”
The court of appeals could confirm the earlier judgment, enter a judgement in Anaheim’s favor or send the case back to trial, which could take place several months from now, Rubin said.
