The ousted guitarist of Bay Area
rock band Third Eye Blind is suing his former band members,
management, attorneys and record label in federal court in
Oakland, claiming that they conspired to kick him out.
The lawsuit filed by Kevin
Cadogan, 30, of Berkeley, will be the subject of a hearing
Friday before U.S. District Judge Claudia Wilken.
Third Eye Blind has produced two
multi-platinum albums, including a 1997 self-titled debut that
included the No. 1 ``Semi-Charmed Life.''
Cadogan said he co-wrote 14 of
the songs on the two albums but was dismissed from the band in
January after playing at the Sundance Film Festival in Utah. His
firing came days after he reportedly refused to sign off on a $1
million deal from Elektra Entertainment Group Inc.
Cadogan filed suit in June,
saying band founder Stephan Jenkins did not give him 50 percent
ownership of the band as promised in 1993. Jenkins was given 100
percent of the shares, without Cadogan's knowledge, as the band
increased in popularity and caught the attention of record
labels, the suit said.
Stephen Kroft, a Los Angeles
attorney representing Third Eye Blind, said, ``My clients do not
believe there is any validity to any of Mr. Cadogan's claims.''
David Evans, a San Francisco attorney, said the claims against
the band's attorneys were ``without merit.''
The lawsuit, alleging breach of
contract, conspiracy to perpetuate a fraud, breach of fiduciary
duty and negligence, said the band tried to minimize Cadogan's
role while producing its second album, ``Blue,'' last year.
``The efforts were cited as
limiting the number of songs written by the plaintiff, altering
the master recordings, disparaging and mocking references,
minimizing album credits accorded to plaintiff, eliminating him
from the album artwork and preventing him from reviewing the
record,'' the suit said.
``He was the creative driving
force behind this band,'' an attorney for Cadogan, Tom Swift of
Chicago, said yesterday. ``It appears that Stephan Jenkins
couldn't handle the fact that Kevin was due his rights on
The defendants have denied any
wrongdoing and have asked Wilken to dismiss several counts in
the lawsuit, saying they lack details and were brought forward
after the statute of limitations for fraud had run out. Cadogan,
voted songwriter of the year at the 1999 and 2000 California
Music Awards, now has his own band, called Cousin Kevin.
E-mail Henry K. Lee at firstname.lastname@example.org.
San Francisco Chronicle Page A22