Legal Opinion

Timed Out, LLC v. Youabian, Inc.

California Court of Appeal

Decided September 12, 2014No. B242820PublishedCited by 12 opinions

1Opinion of the Court

Opinion

KITCHING, J.

INTRODUCTION

Plaintiff Timed Out, LLC (Plaintiff), as the assignee of two models who are not parties to this action (the Models), sued defendants Youabian, Inc., and Kambiz Youabian (Defendants) for common law and statutory misappropriation of likeness based on Defendants’ alleged unauthorized display of the Models’ images in connection with advertising Defendants’ cosmetic medical services. The trial court ruled a cause of action for misappropriation of likeness is not assignable and granted Defendants’ motion for judgment on the pleadings on that basis. We conclude a…

2Cases cited22 opinions

  1. Crown Die & Tool Co. v. Nye Tool & MacHine WorksSupreme Court of the United States · 1923
  2. Murphy v. Allstate InsuranceCalifornia Supreme Court · 1976
  3. Stevenson v. Superior CourtCalifornia Supreme Court · 1997
  4. Downing v. Abercrombie & FitchCourt of Appeals for the Ninth Circuit · 2001
  5. Goodley v. Wank & Wank, Inc.California Court of Appeal · 1976

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3Cited by12 opinions

  1. Brown v. Superior Court of Fresno Cnty., California Court of Appeal, 5th District2018
  2. Jim 72 Properties, LLC v. Montgomery ClearnersDistrict Court, C.D. California · 2015
  3. Maloney v. T3Media, Inc.District Court, C.D. California · 2015
  4. Brown v. Superior CourtCalifornia Court of Appeal · 2018
  5. Eric Henry Saldivar v. Riverside Police Dept. and Local Riverside Police AgentciesDistrict Court, C.D. California · 2025

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