By: BILL HETHERMAN

A judge's removal of Sylvester Stallone and another man from a lawsuit alleging they misappropriated trade secrets in marketing a unique pudding for bodybuilders was a recipe for reversal, an appellate panel has ruled.

The three-justice panel of the 2nd District Court of Appeal unanimously agreed that Los Angeles Superior Court Judge William F. Highberger erred when he dismissed Stallone and John Arnold as defendants in the lawsuit brought by William Brescia, who created the high-protein, low-carbohydrate dessert.

Stallone and Arnold maintained that the proof is in the pudding itself; namely, that there was nothing special about it and that Brescia's legal team did not show how it differs from the general knowledge of those in the same field as the plaintiff.

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