By JESSICA ROBERTS Special to the Daily Press
SM COURTHOUSE — A Santa Monica Superior Court judge handed O.J. Simpson a legal victory on Tuesday, at least tentatively, dismissing a petition filed by Fred Goldman to recoup money owed the family from Simpson’s public appearances.
Simpson was ordered by a jury in 1997 to pay $20 million following a civil wrongful death suit for the murders of his ex-wife, Nicole Brown Simpson, and Goldman’s son, Ronald.
Judge Linda Lefkowitz made a tentative ruling in favor of Simpson, but did not issue a formal judgment, taking Goldman’s case under submission on Tuesday. Goldman’s lawyer, Jonathan Polak, has until Friday to file additional papers.
Simpson did not appear in court, but his lawyer, Ronald Slates, is also expected to reply and must do so by Nov. 2.
Simpson has not yet paid any damages to either of the families. The former star running back for USC, and the NFL’s Buffalo Bills and San Francisco 49ers, was acquitted in October 1995 of criminal charges in the murders.
Goldman had sought Simpson’s “right of publicity” — use of his name, image and likeness — which would include money the former football great-turned-actor earns for appearances and autographs, to satisfy the unpaid civil suit award. His petition said the award has grown to $38 million with accrued interest.
Goldman filed a petition on Sept. 5 in Santa Monica, but Simpson asked the judge to deny the motion, claiming that the California courts have no jurisdiction in the case as he now lives in Florida.
Simpson pointed out that he does not own property in California, holds a Florida driver’s license, and that his children attend school in Florida, and therefore, his “right of publicity” has also moved to Florida.
Florida law does not allow a person to transfer or assign right of publicity while still alive.
The judge’s tentative ruling noted that although the court had authority to grant the relief requested by the Goldman family, she declined to exercise that authority because of concerns about Simpson’s right of privacy. Lefkowitz was concerned that the right of privacy cannot be separated from the right of publicity through collection proceedings.
Goldman’s attorney said he intends to show that the right of privacy and right of publicity are in fact separable.
Originally published in the Santa Monica Daily Press print edition on October 18, 2006. Read the original PDF.