A judge dismissed part of a lawsuit filed against CBS and Big Ticket Television Inc. by a talent agency that alleges it has not received contractually obligated payments for “Judge Judy” for years due to show host Judy Sheindlin’s $45 million salary, but the plaintiff Thursday vowed to appeal.

Los Angeles Superior Court Judge Joanne O’Donnell heard arguments and took the case under submission Tuesday before ruling later in the afternoon, court papers show. Rebel Entertainment Partners Inc. sued in March 2016, alleging Sheindlin’s salary is unreasonable and that the agency stopped receiving regular payments in 2010 although the show has grossed $1.7 billion since the 1996 premiere.

Plaintiffs’ attorney Bryan Freedman said CPA Sabrina Robinson examined documents in the case and found that the closest salary to Sheindlin’s $45 million belongs to another syndicated show personality who makes $28 million. He argued a jury should be allowed to decide the issues in the case.

In a sworn declaration, Robinson said she believes CBS “failed to follow their obligation to act in good faith and deal fairly with Rebel by increasing Judge Sheindlin’s salary to $45 million and deducting it as a cost of production, such that Rebel will never realize a profit participation again.”

However, the judge’s ruling eliminates the part of Rebel’s case dealing with Sheindlin’s salary.

Freedman said an appeal will be filed.

“The ruling which granted in part and denied in part the motion does not affect the trial in this matter,” Freedman said. “All three causes of action are proceeding to trial and we look forward to prevailing in front of a jury.”

Freedman contends O’Donnell ruled incorrectly by “admitting and then disregarding the uncontroverted expert opinion evidence that frontloading the $45 million salary of Ms. Sheindlin was not consistent with industry custom and practice. The court committed reversible error. That issue will be decided by the court of appeal.”

The lawsuit states that Sheindlin’s contract with CBS was renewed in 2013 and then extended in 2015, and that her salary is “grossly inconsistent with customary practice in the television industry.” Sheindlin is not a defendant in the case.

The lawsuit also alleges that CBS was required to discuss with Rebel any “Judge Judy” spinoffs, but did not do so before the launch of her other syndicated show, “Hot Bench.” Under the judge’s ruling, the case can proceed to trial on that issue.

But in their dismissal motion, CBS attorneys stated that “Hot Bench” is not a spinoff of “Judge Judy” and that the parties’ agreement allows the network to deduct Sheindlin’s salary as a production cost.

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