February 22, 2024
Former movie producer Harvey Weinstein seems in court docket on the Clara Shortridge Foltz Prison Justice Heart in Los Angeles to face sex-related prices. Etienne Laurent/Pool through REUTERS

A decide has denied a request by a former mannequin/actress to stop the re-litigation in her civil swimsuit of Harvey Weinstein’s culpability in a 2013 sexual assault, saying Weinstein’s enchantment of his conviction leaves issues nonetheless unsettled.

The plaintiff is recognized as Jane Doe No. 1 within the Santa Monica Superior Court docket lawsuit filed Feb. 9, which alleges sexual battery, false imprisonment, negligence and intentional infliction of emotional misery.

Doe’s attorneys filed court docket papers with Choose Elaine W. Mandel in September asking {that a} protecting order be issued, arguing that California legislation holds that the producer’s felony case conviction is conclusive for legal responsibility functions within the civil case, even when the felony case final result is on enchantment. Revisiting the information surrounding the “horrific occasion” are irrelevant and can “solely serve to intrusively burden plaintiff,” Doe’s attorneys additional argued of their court docket papers,

However the decide dominated Wednesday that the pending felony case appeals imply there may be not but finality in Weinstein’s felony case.

“Doe’s movement for a protecting order is untimely till the felony conviction is now not topic to enchantment,” the decide wrote in her Wednesday ruling.

Of their court docket papers, Weinstein’s attorneys, who embody Invoice Cosby lawyer Jennifer Bonjean, acknowledged that Doe’s attorneys had been  “laboring beneath a severe misapprehension of the legislation” by bringing a “grossly untimely movement … disguised as a movement for a protecting order.”

Weinstein denies Doe’s “wild allegation that he randomly and with out discover busted into her resort room, a girl he barely knew, and violently raped her,” Weinstein’s attorneys additional acknowledged of their court docket papers.

Affidavits from three felony case jurors present Weinstein wouldn’t have been convicted had the decide in that case allowed the producer to current proof displaying that Doe was really along with her married lover on the evening she claims Weinstein assaulted her, in accordance with Weinstein’s attorneys’ court docket papers.

In a separate ruling, the decide granted a movement by Doe’s attorneys to probe the producer’s monetary data in anticipation of a attainable discovering that she is entitled to punitive damages.

“Based mostly on the very fact of the felony conviction, the court docket finds a considerable chance Doe will prevail on this motion and procure an award of punitive damages,” Mandel wrote.

On Dec. 19, Weinstein, 71, was convicted of three of the seven felony counts he was going through — forcible rape, forcible oral copulation and sexual penetration by a overseas object. All three of these counts associated to Doe, with the crimes occurring on or about Feb. 18, 2013, in a Beverly Hills resort room. Weinstein was sentenced to 16 years in jail on Feb. 23.

Weinstein’s attorneys beforehand filed a solution to the plaintiff’s civil criticism sustaining that Weinstein’s accuser’s claims are barred by the statute of limitations, that her request for punitive damages is unconstitutional and that her lawsuit must be dismissed.

In keeping with Doe’s swimsuit, she attended a movie pageant and alleges that Weinstein got here to her resort room unexpectedly after she attended occasions that day.

“After he was executed raping her, he acted as if nothing out of the strange occurred and left,” the plaintiff’s court docket papers allege.

Doe didn’t report the assault till 2017, when she had a chat along with her daughter, throughout a time when Weinstein was on the forefront of the #metoo motion, in accordance with her attorneys’ court docket papers.

–Metropolis Information Service