Journey have fired Ross Valory and Steve Smith, accusing the two of trying to take control of the band's name to fund their retirement
“The contracts are clear on their face. The Journey name is controlled by Neal Schon and Jonathan Cain. And for very good cause, they don’t want to perform with Smith or Valory anymore, they don’t want to have anything to do with them, and that’s their right. They’re going to go on with Journey, continue with the great success of the past and these two guys are going to get replaced.
While the letters Schacht sent ostensibly boasted an electronic signature from Cain, the suit claims that “Cain did not approve of the notices and did not sign them. On information and belief, Smith and Valory directed Schacht to send the Notices.” Nevertheless, the complaint states that the two meetings went ahead as planned February 13th, resulting in Smith replacing Cain as president of the board and Valory replacing Schon as secretary. The suit alleges that “Smith and Valory believe that they now control the Journey name and can force Cain, Schon and Nightmare Productions to pay them a share of Journey touring revenue in perpetuity while they do no work for the band.
As such, Schon and Cain’s lawyer sent a letter to Smith and Valory Tuesday, March 3rd, that stated: “Effective immediately, you are no longer members of the band Journey and cannot perform under the name Journey. If you act in contravention of our clients’ rights, please be advised that we will take all legal steps to protect the rights of our clients.”
The lawsuit, meanwhile, is seeking “damages in excess of $10 million,” plus additional damages. It’s also seeking declaratory judgments that Elmo Partners holds the exclusive rights to the Journey name and that the actions taken at the February 13th meetings are invalid.
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