Posted: Monday, July 9, 2018 – 3:27 PM
(CNS) – Citing privacy concerns, lawyers for Kirk Kerkorian’s estate want a Los Angeles judge to block his widow from having access to his medical records for use in her bid for her claim to a third of the billionaire’s assets, amounting to about $600 million based on the estate’s $1.8 billion value at the time of his death.
The estate’s lawyers say in their Los Angeles Superior Court papers that the documents sought by Una Davis are not relevant to her claims and that she signed a waiver of marital rights in connection with her brief marriage to Kerkorian, who was 98 when he died on June 15, 2015, in Beverly Hills.
“Indeed, this is nothing more than a fishing expedition that ultimately risks embarrassing Mr. Kerkorian and placing in the public view information and records that are undoubtedly private and privileged,” the estate’s attorneys say in their court papers, which state that Kerkorian’s medical records “have no bearing whatsoever on the court’s determination as to Ms. Davis’ affirmative waiver of her marital rights.”
A hearing on the estate’s petition is scheduled Aug. 28.
Before his death, Kerkorian provided for Davis outside of his will by giving her $15 million, the estate’s attorneys say in their court papers.
Davis’ subpoenas includes demands for all medical documents related to Kerkorian from January 2010 until his death, including written reports and MRIs, CAT scans and EKGs.
One of the Davis subpoenas is directed at Dr. Eric Esrailian, a gastroenterologist and full-time faculty member at the David Geffen School of Medicine at UCLA.
In May, Judge Maria Stratton lifted a stay she previously put on litigation related to Davis’ petition while Davis appealed the judge’s March 2017 ruling allowing Kerkorian estate executor Anthony Mandekic to take an active role in the legal proceedings and oppose her petition rather than be required to be neutral. Davis maintains she is an “omitted spouse” who is entitled to the same amount of money she would have received had Kerkorian died without a will.
Davis appealed Stratton’s 2017 ruling, but a three-justice panel of the 2nd District Court of Appeal ruled in January that the judge ruled properly. The state Supreme Court then denied Davis’ petition for review.
Kerkorian and Davis were married for 57 days before he asked her to leave his home, according to the estate’s lawyers.
Davis says she was pressured by those close to Kerkorian into signing a waiver to any interest she had before the two wed in 2014.
Kerkorian, who had been married three times previously, developed key properties on the Las Vegas Strip, including the MGM and MGM Grand. He also invested in and operated businesses in a number of industries, including airlines, automakers, Chrysler Corp., General Motors and film studios. He purchased MGM Studios three times, bought United Artists and tried to acquire Columbia Pictures.