Smokey Robinson and his wife are appealing a judge’s ruling dismissing the couple’s countersuit defamation claims against former domestic workers suing him for state Labor Code violations and sexual abuse allegations.
On April 23, Los Angeles Superior Court Judge Kevin C. Brazile finalized a plaintiffs’ anti-SLAPP motion in which he did not dismiss the Robinson countersuit in its entirety as requested by the former employees, but did toss all of its defamation aspects because he found the statements at issue are protected activity.
The Robinson attorneys filed a notice of appeal in the Superior Court on Tuesday stating that they intend to take Brazile’s ruling before a panel of the Second District Court of Appeal.
In his ruling, 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.
Brazile said the Robinson allegations of emotional distress and financial elder abuse can move forward to the extent they are not based on defamation. He also let stand the singer’s claims for conversion, invasion of privacy and a violation of the Penal Code.
According to the underlying suit filed last May 6, 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. Trial of the cases is scheduled for Oct. 11, 2027.