Third Set in Legal Fight With Sammy Hagar

FRESNO, Calif. (CN) - Calling himself a "hall of fame rock star" who can do whatever he wants, Sammy Hagar threatened to kill a man who was trying to open a cantina in Hagar's Cabo Wabo chain, and the would-be partner claims in court.

Zone Sports Center, Fresno Rock Taco and Milton Peter Barbis sued Red Head Inc. dba Cabo Wabo Enterprises in Superior Court.

Hagar is not named as a defendant, though the red-headed rock singer founded the Cabo Wabo Tequila brand and restaurant chain, according to publicly available information.

Barbis claims the defendants breached contract and interfered with his construction and management of the Cabo Wabo Cantina in Fresno.

Fresno Rock Taco entered into a licensing agreement with Red Head the Fresno business, Barbis claims in the complaint. He says Hagar's serial demands then cost him millions of dollars due to delays and lost revenue.

For example, "Hagar demanded that construction be halted on the building construction because RHI [Red Head Inc.] wanted to make a major change in the outside appearance of the building. The change he demanded made was to add a 40-foot-high lighthouse to the exterior of the building. The addition of the lighthouse by Hagar was not a part of other Cabo Wabo Cantinas," Barbis says in the complaint.

Building the lighthouse delayed completion of the cantina by 9 months, Barbis claims.

Hagar also demanded that Fresno Rock Taco stock only Cabo Wabo Tequila and certain brands of beer, Barbis says.

"When Barbis and FRT [Fresno Rock Taco] asked Hagar why FRT wasn't allowed to use the beer and Tequila that was most profitable to FRT, Barbis was told by Hagar 'because I fucking said so.' Hagar stated 'I'm a hall of fame rock star, I can do what I want,'" according to the complaint.

Hagar threatened not to appear for the grand opening, as required by agreement, and threatened to terminate FRT's Cabo Wabo license if it did not do what Hagar wanted, Barbis says.

"Hagar then left a message on Barbis' voicemail stating multiple times that 'I'm going to fucking kill you,'" Barbis says in the complaint.

This is not the first legal go-round for these parties. Red Head sued Fresno Rock Taco in Federal Court in 2008, alleging breach of contract and trademark infringement. They reached a confidential settlement agreement in 2009 that barred Fresno Rock Taco from using or selling Red Head's trademarks or property.

In 2010, Barbis sued Hagar for $100 million, citing the alleged death threat mentioned in the new complaint.

Barbis claimed then that Hagar hired a hit man to kill him. That complaint, which included Barbis' request that the 2009 settlement be rescinded for duress, was recently dismissed in Federal Court for lack of subject matter jurisdiction.

In the new complaint, Barbis seeks $100 million in punitive damages, plus millions more he claims he has lost on rent and prospective income.

The complaint lists 17 causes of action, including rescission of the licensing and confidential settlement agreement, breach of contract, fraud, intentional infliction of emotional distress, and interference with prospective economic advantage.

Plaintiffs are represented by Richard Hamlish of Westlake Village.

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit