| ANAHEIM, CA - (June 28, 2005) - The City of Anaheim legal team was encouraged by important aspects of the court opinion issued yesterday concerning Anaheim's efforts to get an immediate injunction protecting the City's rights.
Although the opinion denies the injunction, it notes at the beginning that its "review is narrowly limited to determining whether the court abused its discretion in denying the preliminary injunction...Because of our inquiry's narrow focus, however, our decision today does not declare any party the ultimate victor."
Throughout the opinion, the majority conscientiously notes that in applying its strict standard of review, it is not determining who should prevail at the trial. The majority opinion reviews the very limited evidence that was presented by Anaheim in early January and makes conclusions on whether a ruling against Anaheim on that truncated evidence was an abuse of discretion. Even on the limited record presented, the majority opinion finds that "the question of whether [the defendant] breached the implied covenant is close."
As always, Anaheim's focus is on the trial, now set for November. As Presiding Justice Sills noted in his opinion that offered both consenting and dissenting opinions, "it is extremely important that the trial in this case, now scheduled for the Fall of 2005, go forward."
Even applying the strict standard of review, Presiding Justice Sills stated, "It is clearly an abuse of discretion to permit any other city name than Anaheim to be preeminent in the team name...Whatever else the contract says, it does clearly preclude the use of another city's name preeminent in the team name to Anaheim."
The opinion of Presiding Justice Sills includes many observations on issues that will be at the core of the case presented by Anaheim at the trial, including these comments:
* "The language of this contract is susceptible to no other reasonable interpretation. Anaheim bargained for something more than being a mere hiccup after the words 'Los Angeles Angels.' When preceded by "Los Angeles Angels," the words "of Anaheim" effectively drop from being included in the team name and become nothing more than an optional prepositional phrase. Only the sophistry of lawyers allows such a result."
* "Identification with a major league baseball team is most certainly a valuable right, perhaps especially for Anaheim...the city of Anaheim paid big bucks to be identified as a big league venue, an identification that would elevate the image of the city to something considerably more important than some outlying berg to LA."
* "[T]he intent to deprive Anaheim of the benefits of identification with a professional baseball franchise fairly radiates from the very structure of the new owners' name change."
* "Anaheim and Los Angeles are mutually exclusive geographical areas. They are most assuredly not the 'Twin Cities' of Minneapolis and St. Paul. They are different cities within different counties, and in fact have come to have a whole host of different popular associations.You cannot be in Los Angeles and Anaheim at the same time...To put Los Angeles before the mascot designation (Angels) is to effectively remove Anaheim from the name."
* "...even if we assume, for sake of argument, that this contract is ambiguous, the new owner clearly has no case...the contract does not permit the oxymoronic inclusion of the name of another city in the team name." Media Contact: Ruth Ruiz 714.765.5060 more city news
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ABOUT ANAHEIM - The City of Anaheim, founded in 1857, is one of the nation's premier municipalities and is California's 10th most populous city. Anaheim covers 50 square miles with more than 345,500 residents and more than 3,200 City employees. The municipal corporation's annual budget is $1.4 billion. Anaheim supports a thriving business community with companies such as Carl Karcher Enterprises, Inc., L-3 Communications, Pacific Sunwear, and Disneyland Resort. Successful sports franchises call Anaheim home, including Angels Baseball, Anaheim Ducks, the 2008 Olympic Gold Medal winning U.S. Men's National Volleyball Team, and the 2008 Olympic Silver Medal winning U.S. Women's National Volleyball Team. Anaheim also boasts world-class meeting and entertainment venues with the Anaheim Convention Center, the largest on the west coast, Honda Center, The Grove of Anaheim, The Shops at Anaheim GardenWalk, and Angel Stadium of Anaheim. Annually, Anaheim welcomes millions of visitors to the city, truly making it where the world comes to live, work and play. For more information, please visit www.anaheim.net.
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