A former personal assistant to former “CSI: Miami” star David Caruso, who alleged he reneged on a deal to pay her $450,000 in exchange for helping him fight claims made by another aide, reached a settlement with the actor resulting in a dismissal Wednesday of the balance of the claims in her lawsuit.
Los Angeles Superior Court Judge Richard Fruin had already pared plaintiff Rose Avila’s lawsuit last Sept. 27 when he eliminated her claims of fraud and negligent misrepresentation against Caruso and his company, Greta Films Inc. The ruling left Avila with causes of action against the actor of alleged breach of oral contract, intentional and negligent infliction of emotional distress and sexual assault and battery.
Those remaining allegations are being dropped “without prejudice” in the wake of the case resolution, the terms of which were not divulged. Attorney Barry Kellman also is no longer a defendant after Wednesday’s ruling.
Fruin also previously dismissed Avila’s fraud and negligent misrepresentations claims against the law firm Venable LLP, plus her third allegation that the firm put its interest ahead of hers.
Avila was hired by Caruso in 2015 and helped him plan trips to Cuba and arranged for his transportation as well as prostitutes who allegedly served him, according to her lawsuit, which says she lived with the actor’s second assistant.
In December 2016, the other assistant “had a nervous breakdown due to the toxic work environment fostered by the Caruso defendants,” according to Avila’s suit, which alleged the unnamed assistant planned to sue Caruso and asked Avila to assist her. Caruso then offered Avila $450,000 and help finding an apartment for her and her sister if she cooperated with him, according to the plaintiff’s complaint.
Caruso gave Avila $14,000 for her apartment lease and leased a car on her behalf, but she did not receive the promised $450,000 and was fired in February 2017, the suit alleged.
Avila further alleged that Venable attorneys representing Caruso prepared false documents for her to sign that they intended to use against his other assistant and that they convinced her at the time to give up potential sexual harassment claims against the actor, which included unwelcome touching. The suit alleges Kellman was one of the attorneys with whom she spoke.
However, Avila ultimately included sexual assault and battery among her lawsuit claims against Caruso.
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