Fairly Legal

7:35 AM PT -- The hearing is over, it only went about 20 minutes, and Cuba's attorneys did not get a ruling on their motion to dismiss. The judge said she would not make any "rash decisions," and certainly not before prosecutors have a chance to respond on July 17.

Judge Keshia Espinal added she would rule on the motion to dismiss on August 14.

Prosecutors filed a deposition from the accuser in which she details her account of the alleged groping.

Cuba Gooding Jr. just arrived to a Manhattan courthouse for a hearing in his groping case ... and the actor is trying to convince the D.A. to drop the charges against him.

We got Cuba strolling into court Wednesday morning, flanked by his legal team and NYPD officers for security. As we've reported, prosecutors have charged Cuba with one count of misdemeanor forcible touching and one count of sexual abuse in the third degree.

The Oscar winner's attorneys, Mark Heller and Peter Toumbekis, say their client is innocent and have filed a motion to dismiss the charges. The judge is expected to address that motion Wednesday in court.

Cuba was arrested earlier this month, turning himself in to police a few days after a woman called 911 alleging the Oscar winner touched her breast without her consent while at a New York bar. He's pled not guilty.

TMZ broke the story ... Cuba feels his accusers own words -- from blog entries -- show she has a "warped mental state." His motion to dismiss widely quotes blogs where she allegedly said she was starving for attention and also suffering PTSD and anxiety disorder.

Cuba also wants a full exoneration, and his lawyers have argued the case is littered with factual inconsistencies, a lack of conclusive video evidence and an alleged screwup in the NYPD investigation.

Story developing ...

The woman who claims NHL star Evander Kane stiffed her out of $3 MIL for aborting his child was ordered to reveal her real name in court in order to proceed with the case ... so she's decided to unmask herself.

An L.A. County Superior Court judge ruled Hope Parker -- who had previously used the alias "Jane Doe" in her lawsuit against Kane -- cannot use the alias moving forward.

"There is no clear California law allowing her to remain anonymous," the judge said in a ruling.

But, instead of dropping the case and keeping her identity secret, Parker has filed new documents using her real name ... sending the message that she's not backing down.

As we previously reported, Parker claims she had been dating Kane on-and-off from 2015 to 2018 ... and says she had two abortions during that time.

But, Parker says when she got pregnant for a THIRD time with the San Jose Sharks forward ... she did NOT want to abort it -- until he offered her $3 million.

She claims she went through with the procedure ... but when but Kane never ponied up the cash -- she sued, seeking over $6 MILLION in her lawsuit.

Kane filed legal docs of his own back in 2018 essentially saying that since he's not accused of committing a crime, the accuser should not be able to hide behind an alias.

The strategy was pretty clear -- if the judge forced her to reveal her name, Kane believed she would be more likely to drop the suit out of fear of embarrassment.

But, that's not the case ... Parker is actively working to amend her lawsuit to add her real name, according to court docs.

1:08 PM PT -- Cardi has officially left the building ... with plenty of love from her fans.

Cardi B is entering her plea on all the new charges in the strip club beatdown case.

Fresh of her Album of the Year win at the BET Awards ... Cardi arrived at the courthouse in Queens decked out in a black pantsuit. Inside the judge told her she's being charged with attempted assault in the 2nd degree and various other charges.

The judge gave Cardi the option of having all the charges read aloud in court. Her attorney said that would not be necessary -- and then Cardi said, "Not guilty sir, honor"

As we reported ... Cardi was indicted last week on 12 charges, including 2 counts of felony attempted assault with intent to cause serious physical injury. Other charges include misdemeanor reckless endangerment, assault, criminal solicitation, conspiracy and harassment.

This came after the rapper was initially charged with just 2 misdemeanors for allegedly ordering an attack on 2 strip club bartenders who are sisters -- Jade and Baddie Gi -- back in August 2018.

However, after Cardi rejected a plea deal that would have given her a conditional discharge in return for pleading guilty to a single misdemeanor ... a grand jury was convened and eventually handed up the 12-count indictment.

There are 2 codefendants in the case and they were also arraigned today -- both plead not guilty.

TMZ broke the story ... Cardi was arrested in October for her alleged role in the strip club incident, in which the 2 women claim they were injured when Cardi's people began throwing bottles and chairs.

If convicted on the new felony charges, we're told Cardi faces up to 4 years in prison.

Justin Theroux's just showed his neighbor who's boss, because a judge settled their nuclear war over a roof deck ... and Justin came out on top.

The fight between Justin and neighbor Norman Resnicow has gone on for more than 2 years, and it redefined nasty.

It was all over a 40-square foot strip of roof deck ... and the judge said it was always his, even before the legal dispute erupted. As for the nastiness ... Resnicow allegedly once threatened neighbors with a harpoon-like device for siding with Theroux, and he even inserted himself in Justin's breakup with Jennifer Aniston.

In his suit, Justin said Norman was threatening to cut off water and electricity to his roof deck if he didn't comply with Norman's demands.

A lot of legal mumbo jumbo in the court's decision, but the bottom line ... the judge concluded Resnicow was a deck trespasser and it was rightly owned by Justin.

Blac Chyna won't be prosecuted for allegedly brandishing a knife and threatening her hairdresser.

The Los Angeles City Attorney's Office tells TMZ the cases against Blac Chyna and her hairdresser were both rejected ... due to insufficient evidence.

The L.A. District Attorney had the first look at the case, but determined there wasn't enough there to charge Chyna or the hairdresser with a felony, so they gave the case to the City Attorney ... and now it's officially done.

Our law enforcement sources say the case was weak from the beginning.

TMZ broke the story ... BC and her hairdresser got into a heated exchange last month at Chyna's home in the San Fernando Valley. The hairdresser claimed Blac Chyna went after her with a blade and filed a police report, and BC appeared as a named suspect for assault with a deadly weapon.

Blac Chyna insisted she was actually the victim, not the aggressor ... and claims the hairdresser started hurling soda cans during the argument.

10:46 AM PT -- Kevin Jr.'s attorney, Ray Hamlin, tells TMZ he expects the case will be fully resolved. Hamlin says Kevin Sr. is not interested in bringing charges against his son. What's more, there's a state-wide conditional dismissal program Kevin Jr. can qualify for -- available to those without a prior criminal record -- to completely clear his name as long as he stays out of trouble.

8:30 AM PT -- Wendy and Kevin Sr. were in a car outside the courthouse. We're told they were advised it was unnecessary for them to go inside because the case was continued.

7:40 AM PT -- Kevin Jr. showed up in court and there was a change of plans, because neither of his parents showed up. He entered a not guilty plea ... and the prosecutor asked for more time so he'd have more time to review the case.

The prosecutor said he wanted to "review factors in the case" and said he thought the case would be resolved at the next hearing. That screams plea bargain or outright dismissal of charges. As you know, Kevin Sr. has said he did not want to press charges.

Wendy Williams will be right behind her son Tuesday in court when he enters a plea in his assault case, and it looks like the incident that got him arrested may have significantly reduced tensions between Wendy and her soon-to-be ex-husband.

Sources connected to Wendy tell us, she along with estranged husband Kevin Hunter, will present a united front, supporting their 18-year-old son ... who allegedly punched his dad in the nose during a heated argument.

It seems the incident last month may have actually eased tensions between Wendy and Kevin. We're told the divorce is going forward for sure -- this after Wendy learned Kevin father a baby with his mistress -- but we're told she believes it doesn't cancel out their 28-year relationship. Wendy told a friend, "There's still love between us, regardless of the divorce," adding they are still friends.

Our sources say Wendy does not want to create a spectacle in the New Jersey courtroom. She will say nothing in court ... she's only there to support her son, as is Kevin.

Kevin Sr. does not want to press charges, but because it's a domestic incident prosecutors often press on regardless.

Short story ... Wendy is saying she and Kevin Hunter Sr. will "work through this" and will maintain a relationship grounded in friendship, in no small part for the benefit of their son.

Jenelle Evans and David Eason are back in court, hoping to regain custody of their kids ... but most likely just getting an opportunity to see them face to face.

The troubled couple walked quietly into the courthouse Tuesday morning in Whiteville, North Carolina, where there's been no shortage of tense moments in recent weeks. As you know, all of Jenelle's kids -- 9-year-old Jace, 4-year-old Kaiser and 2-year-old Ensley -- were removed after a judge decided the couple's issues -- especially David killing the family dog -- put the kids at risk.

While Jenelle has said she's sticking with David no matter what ... they've agreed to attend counseling in hopes of getting back their children. Still, the drama's continued even at these court-monitored visits with the kids.

You'll recall, Jenelle got into a nasty little exchange with her mom, Barbara, earlier this month outside the courthouse. Jenelle said her own mom has blocked her number. Barbara insinuated the only reason Jenelle was hugging her daughter, Ensley, was for the cameras.

Then, there's Jenelle's ex, Nathan Griffith. You might recall Jenelle and David confronted Nathan, who was talking to our guy. David flipped them off. Nathan tried to make things right with them but to no avail.

Tiger Woods is no longer a defendant in a wrongful death lawsuit filed by the family of a former employee at Tiger's Florida restaurant, who died last year in a DUI crash.

TMZ Sports broke the story ... the estate of Nicholas Immesberger sued The Woods -- along with Tiger and his girlfriend, Erica Herman, the restaurant's GM -- claiming Nicholas was overserved alcohol at the restaurant in the hours before the crash.

In the original suit, the Immesberger estate claimed Nicholas -- who was a bartender -- stayed after a shift on 12/10/2018 and was served to the point of "severe intoxication" before being allowed to get in his car and drive. He crashed and died shortly after.

The family claimed Tiger and Erica knew Nicholas personally -- knew he had an alcohol problem -- and should never have allowed him to be served alcohol.

But, Tiger's attorney, Barry Postman, says the family has had a change of heart when it comes to Woods personally ... and have voluntarily dismissed his name from the lawsuit.

"The decision was clearly appropriate and reflected the fact that Mr. Woods should not have been included in the lawsuit in the first place because he had nothing to do with Mr. Immesberger's death,'' Postman said in a statement.

"While the situation was tragic, the facts will ultimately show that the cause of Mr. Immesberger's car accident were the many decisions made by Mr. Immesberger on the night of his passing.''

The Tupac Estate, Tom Petty's ex-wife, Hole and countless others involved in the most epic songs in history are suing Universal Music Group, claiming UMG screwed them out of more than $100 million by secretly pocketing money it got after a fire destroyed hundreds of thousands of master recordings.

It's a class action lawsuit and could include the likes of Elton John and many others.

Here's the backstory ... a fire destroyed as many as 500,000 master recordings in UMG's archive vaults on the Universal Studios backlot warehouse.

The suit alleges there was a deal where UMG and the artists split profits from master recordings 50/50.

UMG told Billboard shortly after the fire, "We had no loss, thankfully. We moved most of what was formerly stored there earlier this year to our other facilities." The suit claims that was a big, fat lie.

According to the lawsuit, UMG filed insurance claims of at least $150 MILLION based on the fact the master recordings were destroyed ... and they did not share a penny of that with the artists. The suit claims UMG intentionally tried to deceive the artists by concealing the payments.

The suit asks for more than $100 mil. No word on other artists who may join the class action.

The maker of the insanely successful "Angry Birds" mobile game is seeing red ... claiming in a new lawsuit an L.A. restaurant straight-up jacked its name and logo.

Rovio Entertainment -- the media company that launched the "Angry Birds" franchise -- is suing David and Mary Mkhitaryan, alleging they lifted the famous name and logo when they slapped "Angry Birdz" on a couple of L.A. joints they own.

Rovio says in the lawsuit it sent the Mkhitaryans a cease and desist letter in February but that went nowhere, so it's now suing for trademark infringement.

Rovio says the similarities between the name and the font the restaurant used prove the Mkhitaryans intended to profit off the enormous fame of "Angry Birds" -- its been downloaded more than 4 BILLION TIMES!!! - and confused consumers into thinking the game and the restaurant are somehow affiliated.

"Little Women: LA" star Christy Gibel wants an annulment ... 5 years after getting married, and her reasons are pretty damming.

Christy's filed new legal docs asking the court to annul her marriage to Todd ... court records show. The couple got married on May 16, 2014, and they've had a turbulent relationship almost from the get-go, but things have really escalated out of control.

Sources close to Christy tell TMZ ... she wants an annulment for 2 reasons -- the marriage was NEVER consummated and she's accusing him of financial fraud. Our Christy sources claim Todd opened credit card accounts and took out loans under her name without her consent.

We know what you're thinking ... how can an annulment be filed after years of marriage? In California, a person can get an annulment if there's proof it was fraudulently induced.

Christy now wants out of a sexless marriage that saw her run to court to get a protection order against him. She claimed he was making life a living hell for her and her 19-year-old daughter from another relationship.

We've reached out to Todd, who tells TMZ ... it's been a while since they've had sex, but they've DEFINITELY had sex during the marriage. As for her accusations of financial crimes ... he says that will all come out in court. He adds his attorney has advised him not to talk about it until then.

10:05 AM PT -- Kim Foxx responded to the order, saying, "I respectfully disagree with the court's conclusion that, in the absence of any conflict, the appointment of a special prosecutor is required."

She continued, "As always, I remain committed to transparency, justice, and the public safety of the communities we serve."

Jussie Smollett could actually be prosecuted for allegedly faking the now infamous attack on the streets of Chicago.

A Chicago judge has ordered a special prosecutor to be appointed to review the way prosecutors handled the case and ultimately dismissed it.

The judge said in his order, "If reasonable grounds exist to further prosecute Smollett, in the interest of justice the special prosecutor may take such action."

This is a stunning turn of events ... as you know, the Office of State's Attorney Kim Foxx essentially dropped all charges against Jussie ... this after the grand jury indicted the actor on 16 felony counts of lying to cops. Jussie claimed he was attacked by 2 men who beat him and put a rope around his neck while yelling racial and homophobic slurs. Cops called BS.

The judge said, "unprecedented irregularities identified in this case" warrants the appointment of a special prosecutor. Some of the irregularities, according to legal docs:

The judge said the State's Attorney screwed the case up after Foxx recused herself, because of comments she had made about the case, there was no one in her office properly overseeing the case ... so says the judge.

The judge used a nautical metaphor to describe the screw-ups, saying, "There was no master on the bridge to guide the ship as it floundered through unchartered waters. And it ultimately lost its bearings."

Cardi B has been indicted by a grand jury on multiple charges -- including 2 felonies -- in connection with a brawl at a New York strip club ... TMZ has confirmed.

TMZ broke the story ... Cardi was arrested in October for allegedly ordering an attack on 2 strip club bartenders -- Jade and Baddie G. The 2 women claim they were injured during the brawl when Cardi's people began throwing bottles and chairs.

The incident, which went down in August, was allegedly triggered after Cardi accused Jade of sleeping with Offset.

The grand jury has indicted Cardi on 12, charges including 2 counts of felony attempted assault with intent to cause serious physical injury. Other charges include misdemeanor reckless endangerment, assault, criminal solicitation, conspiracy and harassment.

She was initially charged with 2 misdemeanors ... assault and reckless endangerment, but that's all superseded by the grand jury indictment.

Cardi rejected a plea deal, which would have given her a conditional discharge in return for pleading guilty to a single misdemeanor. The problem ... if she misstepped during the conditional period, she'd be in big trouble.

Prosecution sources told TMZ last month they decided to take the matter to the grand jury because of information they discovered during their investigation. They would not be specific.

Mally Mall thinks State Farm makes for a terrible neighbor, claiming the insurance company's screwing him out of big bucks ... like $300k for his saber-toothed tiger head!!!

According to a new suit ... the hip-hop producer went with State Farm for a policy to cover his property in 2016, but after an unfortunate series of events -- a house fire and 2 subsequent thefts -- it failed to pony up the money he thinks he's owed ... specifically for the extinct cat head he says he lost.

As for why State Farm's to blame -- Mally claims he trusted his agent to get him properly covered a few months before his Vegas home caught fire and damaged his master bedroom, master bath, safe room and media room ... but the guy vastly underinsured him.

Mall claims the fire caused him to cut power to his home, which disabled his security system, and led to 2 separate thefts in the months afterward ... so he filed claims for property loss for the fire and the thefts.

Here's how he says he got screwed -- Mally claims his agent set his policy limits way too low ... and as a result, State Farm paid well over a million dollars LESS than his actual losses. For the thefts, Mall says the company also refused to cover various luxury items he owned ... like the tiger head.

The judge and jury in the murder trial of the alleged killer of one of Ashton Kutcher's friends went on an emotional field trip ... checking out the place Ashley Ellerin died a grisly death.

Ashton has already gone in front of the jury on behalf of his slain friend, providing testimony that could be important in the case of a man prosecutors say is a "serial sexual-thrill killer" ... and now the jury is getting an in-person look at the crime scene.

Two vans filled with the judge and jury ventured out over the past 2 days to the sites of the horrific crimes ... including the place where Ellerin was found dead back in February 2001, laying just outside her bathroom with more than 47 stab wounds.

Judge Larry Fidler milled around the property with the jury ... and they were accompanied by police detectives Tom Small and Mark Lillienfeld, along with defense attorney Daniel Nardoni.

As we reported ... Ashton says Ashley was supposed to be his date to a Grammys after-party, but she never showed.

Ashton testified ... on the night of the Grammys, he went to her house around 10:45 PM and knocked on the door, but no one answered. He peeked through a side window and saw what he thought was red wine spilled on the floor, so he left.

Ashley's severely stabbed body was found the following morning ... and authorities say Michael Gargiulo is the murderer.

Carrie Underwood is accused of being a "Sunday Night Football" theme song stealer -- another singer claims Carrie straight jacked her hit, "Game On" ... and used it without permission.

The woman behind the suit is Heidi Merrill -- a singer who had success with the sports-themed song "Cornhusker Strong" back in 2015.

Merrill says she wanted to ride the wave and make more sports-themed music so she came up with the song "Game On" in 2016 and posted it to YouTube in March 2017.

In her suit, Merrill says she met Carrie Underwood's producer, Mark Bright, at an event in Nashville in August 2017 and asked if Carrie would be looking to create a new song for the 2018 NFL "Sunday Night Football" show open.

Merrill says she submitted the song to Bright -- but was eventually told Carrie's camp passed on using "Game On."

Fast forward to Sept. 2018 ... Merrill says she was shocked to see Underwood and NBC promoting a secret new theme song for 'SNF' ... which ended up being called "Game On."

Merrill says Carrie's version is "substantially -- even strikingly -- similar, if not identical" to her own song ... and she's pissed!

She's now suing Carrie, Mark Bright, NBC, the NFL and more for copyright infringement -- but she has not listed an amount she's looking for.