KHIKS LLP, led by Nick Soltman and Aaron Liskin, successfully obtained summary judgment on behalf of client Eugene “Rod” Roddenberry Jr., confirming his ownership of the original three-foot Star Trek Enterprise Model, a rare artifact from the iconic television franchise created by his father, Gene Roddenberry. The attached order establishes Gene Roddenberry’s original ownership and Rod’s succession to it, restoring a culturally significant artifact to the Roddenberry family and reaffirming fundamental property principles in the context of entertainment collectibles. The Los Angeles Superior Court in Riach et al. v. Heritage Auctioneers & Galleries, Inc., et al. ruled that Rod is the lawful owner of the model, rejecting all competing claims brought by plaintiffs who alleged they had acquired title through a storage-unit auction.
The Court accepted Rod’s argument that he had been gifted the Model by Paramount. Next, the Court found that the plaintiffs were not “bona fide purchasers” of the Model at a lien sale, because there was no valid lien against Roddenberry as a stranger to the agreement between the storage unit and the tenant. The Court also dismissed the plaintiffs’ statute of limitations defense, holding that Roddenberry brought his quiet title action within three years of discovering the Model’s whereabouts. Finally, the Court found that the “owner negligence rule” under the UCC did not apply, as there was no consignment, sale, or contemplated sale when Gene “loaned” the Model to the studio for use on the original film.
It is expected that the Model will be restored and then displayed at a museum.
