lawyer / client / judge
Lawyer / Client / Judge - Photo courtesy of Studio Romantic on Shutterstock

Two men are appealing a judge’s ruling that the original model of the Starship Enterprise belongs to the son of the late “Star Trek” creator Gene Roddenberry and not the plaintiffs, who originally sued an auctioneer over the replica’s sale.

The plaintiffs, Dustin Riach and Jason Rivas, contended in their lawsuit filed in May 2024 that they discovered the model and hired Heritage Auctioneers & Gallerries Inc. to sell it. But they say the auction house breached its duties by selling it to Gene Roddenberry’s son, Gene “Rod” Roddenberry Jr., at a discount to encourage future business for Heritage.

On Feb. 5, Riach and Rivas filed a notice of appeal of Los Angeles Superior Court Judge Daniel Murphy’s ruling and final judgment in favor of Rod Roddenberry, which took place in November and December, respectively. Murphy found that the younger Roddenberry is the rightful owner of the model because Paramount Pictures gave it to his father and Rod Roddenberry subsequently inherited it.

“In sum, Rod has established as a matter of law that Gene owned the model,” the judge wrote. “It is otherwise undisputed that Gene bequeathed all of his property to his wife, Majel, and that Majel bequeathed all of her property to Rod. Therefore, Rod has established his ownership of the model as a matter of law.”

While ruling in favor of Rod Roddenberry as the model’s sole owner, the judge also denied the plaintiffs’ motion for dismissal of Rod Roddenberry’s one claim of quiet title. Riach and Rivas contended Rod Roddenberry’s quiet title cause of action violated the statute of limitations and that they were immune to any such claim because they bought the model without notice of any competing claim.

Rod Roddenberry’s attorneys also are asking that a judgment be entered in their client’s favor regarding a separate claim to the model made by Rivas’ father, Dinael Rivas.

Gene Roddenberry died in October 1991 at age 70.

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