A judge has indicated he is poised to strike defamation claims filed by Smokey Robinson and his wife against former domestic workers suing him for state Labor Code violations and sexual abuse allegations, finding that there is no evidence the ex-employees acted with malice with comments about their onetime work environment.
Los Angeles Superior Court Judge Kevin Brazile says in a tentative ruling in a plaintiffs’ anti-SLAPP motion scheduled for hearing Thursday that while he is not leaning toward dismissing the Robinson countersuit in its entirety as requested by the former employees, all defamation aspects of the countersuit are likely to be dismissed because the statements at issue are protected activity.
Brazile said the countersuit focuses in part on the alleged defamatory statements during a news conference involving the claims of the original four plaintiffs, which included an accusation that Robinson is a “serial assaulter.”
“Here, the subject statements relate to a matter of public interest because they pertain to sexual assault by a legendary musician,” according to the judge.
In addition, while there is evidence supporting the Robinsons, including inconsistencies and unusual circumstances involving the plaintiffs (one allegedly encouraged a sister to work with the Robinsons after the assaults), the evidence of actual malice does not approach the clear and convincing standard, according to Brazile.
However, Brazile also said he is inclined to leave the Robinson allegations of emotional distress and financial elder abuse to the extent they are not based on defamation in addition to leaving in place the singer’s claims for conversion, invasion of privacy and a violation of the Penal Code.
According to the suit, the four original plaintiffs contend they were sexually abused at the 86-year-old music icon’s Chatsworth home and elsewhere. Two newer plaintiffs identified as Jane Doe 5 and John Doe 1 joined the case in November.
The state’s anti-SLAPP (Strategic Lawsuit Against Public Participation) statute is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
Robinson’s wife, Frances Robinson, is a defendant in the underlying suit and a cross-complainant in the countersuit.