By Jake Donovan
One hurdle was cleared in attempts at reconciliation between Top Rank and undefeated former two division champ Miguel Angel ‘Mikey’ Garcia. The two sides agreed to dismiss the first three causes of action in Garcia’s complaint filed against Top Rank, as ruled by the U.S. District Court in Nevada.
The charges to be dropped are:
1. First Cause of Action – Declaratory Relief: Violation of the California Boxing Act and Professional Boxing Rules;
2. Second Cause of Action – Declaratory Relief: Violation of California Labor Code Section 2855(a); and
3. Third Cause of Action – Declaratory Relief: Illegal Restraint on Competition in Violation of Public Policy.
All three aforementioned claims were filed by Garcia, pertaining to issues the boxer believed were in violation of California law. Legal representatives for both sides met and agreed to dismiss the three charges, allowing the case to move from states courts in California – where Garcia resides - and into federal court, landing in District Court in Nevada, where Top Rank operates its promotional business.
The causes were dismissed by the District Court on October 31, two weeks following a motion filed by Top Rank seeking dismissal.
The two sides are still in battle over what Garcia alleges are violations of the Muhammad Ali Boxing Reform Act.
Garcia (34-0, 28KOs) filed suit against Top Rank in April, of the belief that his contract with the promotional outfit had expired. Top Rank believed otherwise, hence the ongoing legal battle.
The two sides had a falling out over a negotiated fight with Yuriorkis Gamboa. Garcia was receptive to the idea of the fight, until learning the then-unbeaten Cuban stood to earn a considerably higher payday.
Even as the legal battle continues to wind down, it has absorbed a considerable amount of Garcia’s prime. His last fight came in January, scoring a 12-round win over Juan Carlos Burgos in New York City. The bout served as the lone defense of the 130 lb. title he claimed exactly 52 weeks ago in a knockout win over Roman Martinez.
The move up in weight followed a five-month stay as a featherweight title claimant, which began with a technical decision win over Orlando Salido. The reign ended at the scales in Dallas prior to his eventual 4th round knockout win over Juan Manuel Lopez last June. The intended title defense became a non-title affair when Garcia showed up over the limit.
Garcia’s last five contests have aired live on HBO. Even if he had dropped charges sooner, a ring return prior to his 27th birthday this December was highly unlikely due to the network’s full schedule.
There remains hope that Garcia can return to the ring in the 1st quarter of 2015.
“We’re gonna hope that Mikey – who’s a tremendous fighter – gets back into action and right after the (New Year), we can get him back into the ring”, Hall of Fame promoter Bob Arum told Boxingscene.com’s Steve Kim earlier in the week .
Jake Donovan is the Managing Editor of BoxingScene.com, as well as a member of Transnational Boxing Ratings Board and the Boxing Writers Association of America. Twitter: @JakeNDaBox