A judge Tuesday ordered arbitration of a lawsuit brought by a former “America’s Next Top Model” contestant who alleges she was wrongfully denied the show’s grand prize because she had previously worked as an escort.
Los Angeles Superior Court Judge Steven Kleifield issued a tentative ruling June 25 in which he came to the same conclusion, but held off finalizing the decision so that plaintiff Angelea Preston‘s attorney, Ronald Tym, could give a brief on a case he maintained was in his client’s favor.
Tym maintained Preston is entitled to a jury trial of her lawsuit against show host/creator Tyra Banks, The CW Television Network and “Top Model’s” producers.
But Kleifield, in ordering arbitration, said he was not swayed by the briefing. He also rejected Tym’s further argument that not all the defendants had signed the arbitration agreement, saying the point was not mentioned in his court papers.
“I think you’ve waived that issue,” Kleifield said.
The judge set a post-arbitration status conference for next April 26.
Tym said he may ask a panel of the 2nd District Court of Appeal to order Kleifield to reverse his order.
Defense attorney John Lucas said Preston signed an agreement to arbitrate any disputes with the 41-year-old, Inglewood-born Banks and the other defendants.
“I think the judge got it right,” Lucas said.
Lucas said he believes appellate law supports Kleifield’s findings and that his decision will be upheld if Tym tries to have it overturned.
Preston is seeking at least $3 million in her lawsuit filed Dec. 10, alleging breach of contract and both intentional and negligent infliction of emotional distress.
The suit states that as the show’s cycle 17 winner, Preston was entitled to the grand prize that included a $100,000 package with CoverGirl cosmetics and a fashion spread in Vogue Italia. However, she was disqualified because she had worked as an escort prior to taking part in cycle 17, according to her court papers.
Preston maintains she did not violate any of the show’s rules because her escort activities took place before her participation in the show.
The grand prize was awarded to another contestant, Lisa D’Amato, who originally took part in cycle 5.
Preston’s suit also alleges she and other cast participants were subjected to poor working conditions that included having to go 12 hours without a meal break.
Tym maintained that the Labor Code allegations within Preston’s lawsuit were separate from the arbitration agreement she signed. He also says she was not given a copy of the arbitration rules.
Lucas said he believes the Labor Code violations were alleged in Preston’s case as a means of trying to avoid arbitration.
—City News Service