Pasadena Tournament of Roses files opposition to city’s motion for attorney’s fees

Pasadena Tournament of Roses told the court last week that the City of Pasadena’s request to be awarded attorneys’ fees should be denied. The request was made in connection with the recently concluded litigation, but the Tournament of Roses says the City did not prevail in the case.

There are two main issues involved with the case. In one of the main issues, the Tournament of Roses sought to stop the city from falsely claiming it co-owned the rights to the Tournament’s “Rose Bowl Game” and associated trademarks. The city was not willing to concede this before the suit was filed.

In the other issue, where the Tournament sought a declaratory judgment interpreting the clause that frees both parties from obligation in its contract with the city, the court declined to rule on the merits, saying it was premature to speculate if another unforeseeable circumstance where both parties are freed from their obligation would occur.

The clause entitles the Tournament, as owner of the Rose Bowl Game, the right to relocate the game in an emergency. The city wrongly contended that its permission is necessary, forcing the Tournament to seek what is known as a “declaratory judgment” in case a situation similar to the one that forced relocation of this year’s Rose Bowl Game were to arise again.

The court said it wouldn’t interpret the contract on a hypothetical basis, and said that the resolution of the dispute would have to await a real event where an unforeseeable circumstance will free both parties from their obligation.

The agreement provides that the losing side pays the other’s attorneys’ fees only if the other side “substantially prevails.” The City did not prevail on the merits and it can’t be considered the “prevailing party” under the rules, according to the Tournament.

The Tournament further informed the court that the more than $400,000 sought by the city is excessive for a case that never went to trial.

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