A judge has dismissed part of a $2 million lawsuit by Beach Boy Mike Love that claims ex-bandmate Al Jardine illegally used the name of the surf-music kings.

Superior Court Judge James R. Dunn threw out claims of breach of contract and breach of fiduciary duty Wednesday but gave Love's lawyer a chance to amend the case before it goes to trial Nov. 6.

The lawsuit claims that Love, 65, is the only person legally allowed to perform under the name "Beach Boys," but Jardine, 64, had toured with "knockoff bands" using names such as "Beach Boys Family & Friends."

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In 2001, Jardine filed a $4 million lawsuit against Love and the Beach Boys' Brother Records Inc., alleging Love had excluded him from concerts that year. The complaint was eventually dismissed.

Love and Brother Records sued Jardine in 2003.

Love formed the Beach Boys in Hawthorne in 1961 with Brian Wilson, Wilson's brothers Carl and Dennis, and Jardine. They went on to record hits such as "Good Vibrations," "Wouldn't It Be Nice" and "California Girls."

Dennis Wilson died in 1983 and Carl Wilson died in 1998.

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