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

John Babineau/Getty Images The U.S. Metabolic rate has saved Shaquille O'Neal from needing to face a jury over accusations he hired a gang to kidnap his former record label partner to be able to recover a sex tape.our editor recommends'Shaq' versus. 'Big Brother' -- Which side won?Artist Docket: Teamsters strike averted Shaq versus. Steve Nash 'Girls Gone Wild' jury verdict Robert Ross filed a suit from the former National basketball association celebrity in This summer and detailed what may be the most bizarre alleged effort ever to prevent a high profile sex tape from seeing the sunshine of day. First some background: Based on Ross' claims, he and Shaq struck an dental agreement in 2007 whereby Ross will bring performers along with other musical artists to Shaq's label in exchange for 50% from the subsequent profits. Among the performers, Ray J (themself legendary for the Kim Kardashian sex tape) then hit it large, and Ross required compensation. Allegedly, Shaq declined to repay, ending their friendship. Then, Ross told Shaq he possessed a sex tape showing the basketball professional associated with a mistress. The recording was allegedly taken when Shaq used Ross' home for any romp not understanding the residence was hassled with hidden video security cameras. Ross would only start the sex tape to Shaq in exchange your money can buy that Ross felt was due. So, based on Ross' suit, Shaq directed people from the Primary Street Mafia Crips to kidnap Ross to be able to have the sex tape. The kidnappers were later arrested, and Shaq was apparently questioned by police, but he never was openly listed like a suspect. Many sordid accusations, but the suit to leave this affair switched on an issue that were the topic of a Top Court decision in 1988. In Shaq's motion to dismiss Ross' claims of false jail time, intentional infliction of emotional distress, conversion, and breach of contract, he known as Ross "an accepted felon and perjurer" and undoubtedly refused the accusations as "ridiculous." But no matter the merits from the details alleged, Shaq's lawyers required the suit be ignored with a judge since the occasions under consideration happened between August 2007 and Feb 2008 -- a lot more than 3 years before Ross filed his claim in LA Superior Court. As a result, Shaq thought the statute of restrictions had run its course. In reaction, Ross' lawyers stated that Shaq wasn't a California resident throughout this time around, and depending upon Section 351 from the California Code of Civil Procedure, it resulted in the statute of restrictions have been tolled. In papers towards the court, Shaq's lawyers disputed the constitutionality of section 351. In Bendix Autolite Corp v. Midwesco Businesses(1988), the Top Court struck lower an identical Ohio rule and then 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 symbolized by Michael Kump and Jonathan Steinsapirat Kinsella Weitzman Iser Kump & Aldisert in Santa Monica. E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner