Long story short, this controversy made it to the California appeals court again, and on Monday, Judge Victoria Chaney largely gave Little the victory by determining that that the dispute wasn’t ripe for arbitration at this juncture.
The judge says that making the $42,500 available for pick-up wasn’t enough, that it was conditional on Little’s acceptance and that Little rejected the check, as he was entitled to do. “Because Pullman failed to restore to Little the $42,500 he had received as part of the Settlement Agreement, his rescission of that agreement was ineffective,” writes the judge.
A unilateral rescission can’t compel Little to arbitrate the dispute, Judge Chaney adds. It’s up to the trial court to determine whether the rescission is justified and the lower court judge has discretion on whether to hear the complaint first or determine an entitlement to rescission in the context of a motion to compel arbitration. Pointing ahead, the judge says “if at some point the trial court determines that Pullman completed the rescission and was justified in doing so and is entitled to some relief, it may then determine the merits of other issues raised by the parties but not yet addressed in substance, including whether the Original Agreement includes a valid agreement to arbitrate and whether Pullman has waived the right to seek arbitration.”
Hemsley spent ten years as George Jefferson on The Jeffersons. At this rate, the fight over George Jefferson’s money should surpass that amount of time.
Article Appeared @http://movies.yahoo.com/news/fight-over-sherman-hemsleys-residuals-still-raging-eight-050000828.html