Ross Valory

Thu
16
Apr

JOURNEY Saga Continues With VALORY & SMITH Launching Counter Suit

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It looks like the now infamous JOURNEY (Nightmare Productions) board meeting wasn't a coup to overthrow NEAL SCHON and JONATHAN CAIN, but rather a move to stop Neal from registering the name JOURNEY THROUGH TIME, which the participants argued would devalue the JOURNEY name. Cain and Schon then declined to follwo through on a band movie deal, to which Arnel refused to sing on the then upcoming tour unless it went ahead!
 
 
"Balaban & Spielberger, LLP, attorneys representing Ross Valory, a Rock and Roll Hall of Fame musician and bass player for the iconic rock band Journey, filed a Cross-Complaint in Contra Costa County Superior Court on April 6, 2020, against fellow band members Neal Schon and Jonathan Cain. The Cross-Complaint attaches evidence that refutes the Schon and Cain allegations and sets forth multiple causes of action for monetary damages against Schon and Cain for the ramifications of their conduct in trying to wrongfully excise Valory from the band.
Journey’s lead guitarist, Neal Schon, and keyboardist, Jonathan Cain filed a lawsuit on March 3, 2020, claiming Ross Valory and drummer Steve Smith attempted to launch a “coup” to take over Nightmare Productions, Inc. (the corporate entity that controls the band’s name and trademark) in order to effectuate some amorphous retirement plan that is not described in the Complaint. An Answer filed by counsel defending Mr. Valory (Richard Charnley of Charnley Rian) against the Complaint’s allegations and the Cross-Complaint (filed by Andrew Spielberger of Balaban & Spielberger LLP) disputes and refutes these allegations.
Over the last four decades, Journey has reigned as one of America’s most successful rock bands producing ten platinum albums, eighteen Top 40 singles, and selling more than 75 million albums worldwide. Journey formed in 1973 the same year it created Nightmare Productions Inc., which holds the rights to the band’s trademark and other intellectual properties.
According to Valory’s attorney, Andrew Spielberger, “Ross is shocked and devastated by the conduct of his lifelong bandmates (Schon and Cain) and is disappointed that there was never any attempt to sit down and discuss what is most likely a misunderstanding and something that easily could have been worked out.”
So SMITH and VALLOY have launched a counter-suit for the following:
 
CROSS-COMPLAINT FOR:
1. INDUCING BREACH OF CONTRACT
2. INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS
3. INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS
4. NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS
5. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
6. BREACH OF FIDUCIARY DUTY
7. FALSE LIGHT
8. BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING
9. ACCOUNTING
10. DECLARATORY RELIEF DEMAND FOR JURY TRIAL
 
From within the filing:
 
"Revenue data from past live Tour and Corporate Show performances from 2017 and 2018 in conjunction with anticipated revenues for a 2020 tour demonstrate that revenues approximate one hundred million dollars ($100,000,000.)"
 
"Following the legitimate Notice of a Special Shareholders Meeting, upon information and belief, Neal Schon’s agent(s) then informed members of the JOURNEY band as well as Shareholders in Nightmare Productions, Inc. that Neal Schon would not sign off on a (separate) movie deal with Warner Bros. Pictures as long as the Shareholders of Nightmare Productions, Inc. insisted on going forward with the noticed Special Shareholders Meeting set for 2/13/20.   Upon information and belief, Cross-Defendant Neal Schon, and Cross-Defendant Jonathan Cain indicated their refusal to sign off on the Warner Bros. Pictures movie deal regarding the band JOURNEY (having an adverse effect on Arnel Pineda), unless the 2/13/20 scheduled Shareholders and Directors Meeting was canceled. Subsequently, upon information and belief, since the 2/13/20 meeting was not being canceled, a purported discussion between both Cross-Defendants and Arnel Pineda took place informing Arnel Pineda of Cross-Defendants’ decision to cancel the movie deal.  Ultimately, upon information and belief, Mr. Pineda refused to sing with Journey if the movie deal did not go forward.  The Cross-Defendants relented and allowed the movie deal to proceed."
 
More to come...
 
 

 

 
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