Judge Dismisses Suit Proclaiming Shaquille O'Neal Kidnapped Record Label Partner (Exclusive)

John Babineau/Getty Images The U.S. Metabolism has saved Shaquille O'Neal from requiring to manage a jury over accusations he hired a gang to kidnap his former record label partner to have the ability to recover a sex tape.our editor recommends'Shaq' versus. 'Big Brother' -- Which argument won?Artist Docket: Teamsters strike averted Shaq versus. Steve Nash 'Girls Gone Wild' jury verdict Robert Ross filed a suit in the former Basketball celebrity within this summer time and detailed what might be probably the most bizarre alleged effort ever to avoid a hollywood sex tape from seeing the sun's rays of day. First some background: According to Ross' claims, he and Shaq struck an dental agreement in 2007 whereby Ross brings entertainers together with other musical artists to Shaq's label in return for 50% in the subsequent profits. One of the entertainers, Ray J (themselves legendary for that Kim Kardashian sex tape) then hit it large, and Ross needed compensation. Allegedly, Shaq rejected to pay back, ending their friendship. Then, Ross told Shaq he possessed a sex tape showing the basketball professional connected having a mistress. It was allegedly taken when Shaq used Ross' home for just about any romp lacking the knowledge of the residence was hassled with hidden video cameras. Ross would only start the sex tape to Shaq as a swap for the investment that Ross felt was due. So, according to Ross' suit, Shaq directed people in the Primary Street Mafia Crips to kidnap Ross to have the ability to possess the sex tape. The kidnappers were later arrested, and Shaq was apparently asked by police, but he was not ever freely listed just like a suspect. Many sordid accusations, however the suit to depart this affair started up an problem which were the subject of the Top Court decision in 1988. In Shaq's motion to dismiss Ross' claims of false incarceration, intentional infliction of emotional distress, conversion, and breach of contract, he referred to as Ross "an recognized felon and perjurer" and unquestionably declined the accusations as "absurd." But regardless of merits in the particulars alleged, Shaq's lawyers needed the suit be overlooked having a judge because the occasions in mind happened between August 2007 and February 2008 -- greater than three years before Ross filed his claim in LA Superior Court. Consequently, Shaq thought the statute of limitations had run its course. Responding, Ross' lawyers mentioned that Shaq wasn't a California resident throughout this time around around, and based upon Section 351 in the California Code of Civil Procedure, it led to the statute of limitations happen to be tolled. In papers for the court, Shaq's lawyers disputed the constitutionality of section 351. In Bendix Autolite Corp v. Midwesco Companies(1988), the very best Court struck lower the same Ohio rule and so the Ninth Circuit confirmed in subsequent cases that section 351 couldn't be justified. On Monday, Judge Jacqueline Nguyen recognized this interpretation and granted Shaq's motion to dismiss the suit with prejudice. Shaq was represented by Michael Kump and Jonathan Steinsapirat Kinsella Weitzman Iser Kump & Aldisert in Santa Monica. E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner