A judge Friday denied a request for more than $11,000 in financial sanctions made by a sports celebrity who anonymously sued a woman he claimed was threatening to release a tape of them having sex unless he paid her $2.5 million.
The plaintiff’s attorney, Andrew Kim, argued that sanctions of $11,580 were warranted against Elizabeth Ruiz because she and her lawyers brought what Kim believed was a frivolous motion to vacate a $50,000 default judgment Los Angeles Superior Court Judge Richard Rico issued against the woman on April 4 to compensate the plaintiff for his attorneys’ fees.
But Rico said Friday that he was denying the sanctions motion because no hearing was actually held on the motion to set aside the default judgment. The default judgment was granted at the same time the judge issued a permanent injunction barring distribution of the tape.
The plaintiff filed the suit anonymously last Nov. 8, using the moniker “Doe,” but he has been identified in a variety of outlets — including TMZ.com, Forbes and Maxim — and by Colorado media outlets as Denver Broncos star linebacker Von Miller, 28.
A celebrity website turned down Ruiz’s offer to sell them the tape, according to the suit, which stated Doe “has worked hard his entire life to hone his skills and become one of the most talented people in the United States and the world.”
He also has received many honors and accolades and “is widely recognized as the world’s best at his job,” according to his court papers, which state that his ability to benefit from his fame “depends on the appeal of his persona to many different people … including families and children.”
Ruiz has said that “she wants to be the next Kim Kardashian” and hopes to be catapulted to fame and fortune with the sex tape at Doe’s expense, the suit alleges. Kardashian herself was the subject of a sex tape with former boyfriend Ray J.
Doe and Ruiz met in Cancun in June 2016 and she used her cell phone to record the two of them having sex, but “agreed that she would keep the recording private,” the suit alleged.
–City News Service