The Marlins are suing a season ticket holder

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A couple of years back the Marlins threatened to sue a season ticket holder who didn’t want to pay because the view they had wasn’t what they expected and the Marlins wouldn’t accommodate their request to move. That apparently got worked out without litigation. A new dispute, however, is now a matter for the courts.

The Marlins filed a lawsuit a little over a year ago against a season ticket holder named Mickey Axelband. The suit is just heating up now because the Marlins didn’t move to serve the defendant with the suit until recently. The suit is a straightforward breach of contract case in which the Marlins say that Axelband paid for two season tickets on a two-year contract, covering 2012-13, and that Axelband didn’t pay for the second year. The Marlins claim that he owes the team $24K+ plus other damages. Seems straightforward, no? You don’t pay, you get sued, right?

Well, there are two sides to every story. I spoke with Axelband’s lawyer, Daniel Rose of Delray Beach, Florida, this afternoon. He says Axelband has been a Marlins fan since the advent of the team and was as season ticket from the team’s first season in 1993 until the dispute arose. He says that the reason Axelband withheld payment was because “most of the exclusive amenities were taken away,” from the ticket holder. Specifically, he said that the Marlins ceased operation of the complementary food service for this exclusive seating area in the 6th inning and that exclusive parking areas and an entrance area for people at this expensive season ticket level were made open to the general public. While that sounds like a first world problem to a lot of us, clubs like the Marlins market these super high-priced tickets to people like Axelband on the basis of such exclusivity and people like Axelband come to expect it. Not unreasonably.

The suit is in its early stages now and discovery is just getting going. Only then will the merits of the competing claims be determined. For now we just have a claim and a defense and the facts will fall where they may. For what it’s worth, Rose believes he can get financial discovery from the Marlins, opening at least part of their books. I’m a bit rusty by now, but for what it’s worth I’m not sure I see how it gets that far. At the very least, however, Jeff Loria will probably have to spend some time and money fending off discovery requests that go beyond the ticket office.

I think the larger takeaway here is that this appears to have been a dispute between a customer and a business that festered for at least three years and one presumes that there were complaints made to the team and a lot of back and forth before everyone lawyered up. One wonders how a baseball team couldn’t resolve this short of litigation if, as Axelband and his attorney claim, it was a dispute over amenities and the like. There are probably a million ways for a club to make this right with a fan that don’t require legal fees. I can’t ever recall a team suing a season ticket holder (update: Oh, yeah, that’s the ticket!) I suppose it happens, but if there’s one thing most teams do better than anything it’s accommodate season ticket holders with the sort of customer service niceties which are in the dang wheelhouse of professional sports teams catering to rich folks. Lunch with Giancarlo Stanton anyone?

As a matter of law it’s for the courts to decide. But I can’t help but wonder how this wasn’t decided as a matter of customer service a long time ago.

Dodgers clinch NL’s top seed, West title with win over A’s

Gary A. Vasquez-USA TODAY Sports
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Wrapping up an NL West title has become routine for the Los Angeles Dodgers, but in a year in which no one was sure three months ago if there would be a baseball season, manager Dave Roberts wanted his team to still savor the moment.

The Dodgers clinched the NL’s top postseason seed and eighth straight division title Tuesday night with a 7-2 victory over the Oakland Athletics. They are third team to win at least eight straight division titles, joining the Atlanta Braves (14 straight from 1991-2005) and New York Yankees (nine straight from 1998-2006).

“To fast forward a couple months and be crowned NL West champs is a credit to everyone. It should never be taken for granted,” Roberts said. “Truth be told a lot of guys didn’t know we could clinch. We were responsible but I let it know that it has to be appreciated.”

The Dodgers, who own the best record in the majors at 39-16, were the first team in the majors to clinch a playoff berth on Sept. 16. They will open postseason play on Sept. 30 by hosting every game in a best-of-three series against the No. 8 seed.

Los Angeles came into the day with a magic number of two and got help with the Angels’ 4-2 victory over the San Diego Padres.

Instead of a wild celebration on the mound after Jake McGee struck out Sean Murphy for the final out, players briskly walked out of the dugout to celebrate with teammates. Everyone grabbed a division clinching shirt and cap before heading to the mound for a group photo.

The clubhouse celebration was also muted. Champagne was still involved, but it was players toasting each other with a glass instead of being showered in it.

“We talked about it instead of dumping stuff on people. It’s a moment you need to celebrate and we did,” said Corey Seager, who had three hits and one of Los Angeles’ four home runs, “It stinks not being able to do champagne and beer showers because some of the younger guys haven’t been able to experience that.”

Max Muncy, Chris Taylor and AJ Pollock also went deep for Los Angeles, which leads the majors with 104 home runs.

“This whole year has been weird. There’s no other way to describe it,” Muncy said. “It’s sad not to be celebrate as usual but we know there is a lot more at stake.”

Dustin May (2-1) went five innings and allowed two runs on three hits. The 22-year-old red-headed righty set a team record by not allowing more than three earned runs in his first 13 career starts, which include 10 this season.

Robbie Grossman homered for Oakland, which clinched its first AL West crown in seven years on Monday during a day off. The Athletics, in the postseason for the third straight year, currently are the AL’s No. 3 seed.

Mark Canha had two of Oakland’s five hits.

Seager tied it at 1 in the first with an RBI single and then led off the fifth with a drive to center off T.J. McFarland to extend LA’s lead to 6-2.

Muncy gave the Dodgers a 3-2 lead in the third inning with a two-run homer. Taylor and Pollock extended it with solo shots in the fourth off Oakland starter Frankie Montas (3-5).

Grossman quickly gave Oakland a 1-0 lead when he homered off the left-field pole in the first inning. Sean Murphy briefly gave the Athletics a 2-1 advantage when he led off the third with a walk and scored on a wild pitch by May with two outs.

Montas, who allowed only four home runs in his first seven starts, has given up six in his past three. The right-hander went four innings and yielded five runs on seven hits with a walk and three strikeouts.

“They’re a pretty good team that when you make mistakes, they make you pay,” Oakland manager Bob Melvin said. “They’re pretty good laying off and making you throw it over the plate. They made Montas pay, unfortunately.”

Cody Bellinger added two hits for the Dodgers, including an RBI single with the bases loaded in the seventh.

ATHLETICS ADVANCE

The A’s have a team text thread they used to celebrate clinching their first AL West title since 2013 during their off day Monday, when the Mariners beat Houston.

“We didn’t really celebrate too much yet. It’s exciting,” Chad Pinder said. “We wanted to do it on our own terms. We still won the division and that was our goal. It’s nice to know we’ll be playing home for the series.”

TRAINER’S ROOM

Athletics: INF/OF Pinder (strained right hamstring) planned to run at Dodger Stadium and test his leg with hopes of still playing before the conclusion of the regular season. …. RHP Daniel Mengden has cleared waivers and been outrighted to Triple-A Las Vegas. He was designated for assignment after being medically cleared and reinstated from the COVID-19 injured list following a positive test from Aug. 28.

Dodgers: 3B Justin Turner was scratched from the lineup less than an hour before first pitch due to left hamstring discomfort He came off the injured list on Sept. 15 and has not played in the field since Aug. 28. … Joc Pederson was in the lineup at DH after missing five games while on the family emergency medical list. Roberts said before the game that he wasn’t sure if Pederson will remain with the team during the entire postseason.

UP NEXT

Athletics: LHP Sean Manaea (4-3, 4.50) is 4-1 with a 2.25 ERA over his last five starts dating to Aug. 20.

Dodgers: LHP Julio Urias (3-0, 3.49) will make his team-leading 11th start.

AP Baseball Writer Janie McCauley in San Francisco contributed to this story.

More AP MLB: https://apnews.com/MLB and https://twitter.com/AP-Sports