Pasadena ordered to face the music over concert suit.

WHEN it plunked down more than $100,000 in 2000 to foot the, bill for the renovation of Pasadena s Gold Shell Amphitheater in Memorial Park, concert promoter Pasadena Live LLC thought it had a two-year deal to put on an open-ended number of shows at the venue.

But after fewer than a dozen performances, the City of Pasadena told the firm it would not authorize any more of its events.

That landed the two sides in Los Angeles Superior Court, where a judge threw out the case. On Jan. 7, a three-judge panel in the 2nd Appellate District reversed on one of the claims, ruling that the written agreement "envisioned future production by Pasadena Live," even though the events were not guaranteed. That claim will go to trial in L.A. Superior Court, where Pasadena Live is seeking at least $90,000 in damages, said Stuart Leviton, a lawyer at Levinson Kaplan Ashonsky & Kurtz APC representing Pasadena Live.

According to the August 2000 agreement, Pasadena Live paid the City of Pasadena $114,550 to cover the refurbishing of the band shell. In exchange, the city credited the company for license fees necessary to put on musical or comedy events at the amphitheater in 2000 and 2001 for an "unspecified number of years in the future," the ruling says.

In 2000, Pasadena Live hosted five concerts, including performances by The Beach Boys, Air Supply and Ray Charles, and had six events planned for 2001 before the city notified it in February it would authorize no further events.

Pasadena Live sued for breach of contract and breach of the covenant of good faith and fair dealing.

"It was our belief going into this that this initial contract to do the improvements and promote the first series of concerts was to have a long-term relationship with the city and develop this venue as a series of summer events," Leviton said. "From our perspective, to justify the initial investment would have required a longer term relationship than 11 events."

Eric Troff, of counsel with Gibbs Giden Locher & Turner LLP, representing the City of Pasadena, replied: "We said the contract is over. We feel confident there's no substance to the plaintiff's allegations."

Staff reporter Amanda Bronstad can be reached at [phone] ext. 225, or at [e-mail].

Alschuler Adds

Bruce Friedman is the new managing partner of Alschuler Grossman Stein & Kahan LLP. Friedman, co-chairman of the firm's litigation department and an insurance litigator, replaces Dana Levitt, who has been the managing partner for six years.

The 100-lawyer firm also named two partners to its executive committee. Lucia Coyoca handles litigation of syndicated television programming pricing, profit participation and intellectual property. Gwyn Quillen handles complex business litigation.

Staff reporter Amanda Bronstad can be reached at [phone] ext. 225, or at [e-mail].