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STALLONE, MGM APPEAR READY TO GO 15 ROUNDS Yo! Is the world ready for Rocky � the musical? MGM apparently isn’t. Sylvester Stallone filed suit against Metro-Goldwyn-Mayer on May 18 because the studio blocked a Broadway show based on the 1976 film and nixed production of “Rocky VI.” The suit also accuses MGM of creating a Rocky-themed boxing reality show to compete with a similar Stallone project scheduled to air in January. Adding insult to injury, the suit says, the studio plans to launch a Rocky musical based on its own film libraries. The suit seeks damages, an injunction stopping MGM’s “Rocky”-themed reality show, and to prevent MGM from interfering with Stallone’s musical and sequel project. “Sylvester Stallone doesn’t run around filing lawsuits,” said Gerald Margolis, a powerhouse entertainment lawyer at Los Angeles’ Manatt, Phelps & Phillips. Stallone created the underdog fighter character and wants to protect it, Margolis said. “If Rocky’s going down, he’s going down fighting,” Margolis said, quoting his client. Stallone, who won an Oscar for “Rocky,” is described in the suit as an “internationally recognized actor.” But in recent years, the 57-year-old actor has appeared in forgettable movies such as “Spy Kids 3-D.” MGM declined to say why the sequel and the Broadway project weren’t music to its ears. “The lawsuit is sad, desperate, pathetic and without merit,” said David Bloom, vice president of corporate communications at MGM. — Jahna Berry NOT ALL AG’S CASES INVOLVE S.F. Attorney General Bill Lockyer duly devoted a good chunk of a speech before the Lawyers’ Club of San Francisco on Wednesday to his designated topic — “Emerging Trends in California Jurisprudence.” He spoke about cases involving federal pre-emption, erosion of attorney-client privileges, and reform of the state’s unfair business practices law. But Lockyer also showed his funny side to those gathered at the Fairmont Hotel for an annual luncheon attended by all seven justices of the California Supreme Court. Playfully dodging two written questions by audience members apparently querying him about today’s Supreme Court cases regarding same-sex marriages, he said it wasn’t “an appropriate time” to discuss those issues. Then, alluding to his possible intrusion into the case of accused cop killer David Hill, he added that it sometimes seems his office handles an “inordinate number” of San Francisco cases. “I do want to assure you,” he said as the crowd laughed, “of our 114,000 active lawsuits, they aren’t all about San Francisco.” Lockyer, who has long had his eye on the governor’s office, also gleefully tackled another written question about his current presidency of the National Association of Attorneys General. “Does NAAG stand for the National Association of Aspiring Governors?” he quoted. “The answer is, yes.” — Mike McKee COUNTY MAY BE OFF $ 1. 85M HOOK Alameda County jurors awarded nearly $1.85 million in 2001 to the family of a Union City woman shot dead in her home by police officers in 1998. But that judgment seemed threatened Wednesday when three San Francisco appeal court justices expressed doubts about the city’s culpability in light of a 5-month-old state Supreme Court ruling. In Eastburn v. Regional Fire Protection Authority, 31 Cal.4th 1175, the Supreme Court decided that public entities are generally immune from liability for emergency services unless there is gross negligence or bad faith. The case involved a 3-year-old girl allegedly permanently disabled by a slow response by dispatchers. On Wednesday, First District Justices J. Anthony Kline, Paul Haerle and Ignazio Ruvolo questioned whether Eastburn voided a jury’s finding that Union City was 45 percent responsible for the death of Lucilla Amaya. The woman’s family had called officers after she grabbed two steak knives and acted oddly while trying to protect herself from an imaginary person named “Uncle George.” Kentfield solo practitioner Daniel Smith, an appellate specialist who represented the deceased woman’s daughter, father and brother — all witnesses to the shooting — argued that Eastburn actually affirms the city’s liability based on the vicarious liability of its employees. Union City caused the death, he insisted, by failing to properly train officer Tod Woodward, who fired the fatal shot. “This is a city that put one of [its] citizens at risk,” Smith said. “And they did it negligently.” The justices were skeptical, with Kline saying that Smith’s spin would render the ruling in Eastburn “meaningless.” The city was represented by George Murphy, a partner in Sacramento’s Farmer, Murphy, Smith & Alliston. The case is Munoz v. City of Union City, A095846. — Mike McKee

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