Lady Justice 3 16-9

A former USC student can move forward with all her allegations against a member of the Trojan baseball team named in a lawsuit alleging he conspired with two former teammates to make and distribute a video of her having sex with one of the players, a judge ruled Thursday.

Los Angeles Superior Court Judge Yvette Palazuelos ruled there were enough details in the complaint to keep alive the plaintiff’s claims against Marc Huberman  for intentional infliction of emotional distress, battery and conspiracy. The complaint also alleges negligence, defamation and invasion of privacy by Huberman and former USC baseball players Vahn Bozoian and Sean Adler. Those causes of action were not the subject of today’s motion.

The woman sued the trio last May 28. Identified only as Jenna Doe, her lawsuit states she was a star softball player in high school and a “passionate fan of the game of baseball.” She and Bozoian met in February 2012 and later began a relationship with consensual sex, the suit says.

However, in March 2013, the three players agreed to secretly make a video — without her consent — of her and Bozoian being intimate, the suit alleges. Bozoian told Adler that the woman was on her way and he hid in the room while she and Bozoian had sex, the suit alleges.

The trio distributed the video “to the general public including … other members of the baseball team,” according to the lawsuit.

Huberman’s attorney, Robert Weber, argued that his client could not have intended to cause the plaintiff emotional distress because he never meant for her to find out that the video existed. The woman’s lawsuit states she learned of the video in December 2013 when one of her sorority sisters said she had “some terrible news” to tell her and recounted to the plaintiff that a member of the baseball team notified her about the video and its wide distribution.

“He showed it to several of his teammates in the locker room and then he deleted it,” Weber said of Huberman. “It wasn’t intended to be learned by her.”

Asked by Palazuelos why Huberman let his teammates see the video, Weber replied, “He probably erroneously thought it was humorous.”

The judge said the plaintiff “was the butt of the supposed humor” and that it can be inferred Huberman intended to cause the woman emotional distress by showing the video to others.

“I think the problem is they published it,” Palazuelos said.     The plaintiff sought counseling that night and postponed her final exams because she was unable to focus, her lawsuit states. She was “taunted and harassed” on campus the next semester by other students who saw the video, and she withdrew from several classes, according to her court papers.

—Staff and wire reports

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