LOS ANGELES : Judge Denies Injunction in Suit by 3 Stooges Heirs

Relatives of the Three Stooges failed to win a court order Friday to freeze film and merchandising income pending the outcome of their lawsuit against other heirs of the late comedy trio.

Superior Court Judge Charles W. Stoll denied a preliminary injunction sought by Jean DeRita, wife of Joe DeRita, who died in early July, and Kris Cutler, granddaughter of Stooge Larry Fine. They are seeking $5 million in damages in a dispute over how film and other income has been distributed by Jeffrey Scott and Joan Maurer, grandson and daughter of Stooge Moe Howard.

Although Stoll denied the injunction for lack of sufficient evidence, he speeded up the court process by setting a Dec. 11 trial date. “I think this case should be expedited. There are significant rights involved,” he said.

Scott, who called the suit “legal pies in the face,” said the decision does not limit his ability to go forward with planned projects. Attorney Robert Benjamin, representing DeRita and Cutler, said an early trial eases his clients’ fears that the money could disappear during a lengthy court process.