Lawyers for a music producer who alleges singer-songwriter Phoebe Bridgers made false and defamatory statements on social media as part of a vendetta to destroy his reputation can take the indie rock musician’s deposition ahead of a hearing on her motion to dismiss the suit, a judge ruled.
Los Angeles Superior Court Judge Curtis A. Kin ruled in favor of plaintiff Chris Nelson during a hearing Tuesday.
Nelson filed the suit Sept. 28, also alleging false light and emotional distress. On Feb. 14, the 27-year-old Bridgers’ attorneys brought a motion to dismiss the suit on free-speech grounds, arguing that Nelson is “seeking to chill Ms. Bridgers’ allegations of abusive conduct, which are protected by the First Amendment.”
In their court papers, Bridgers’ attorneys argue Nelson “has held himself out as a public figure and voluntarily interjected himself into this dispute. Therefore, he is a limited purpose public figure who must prove that Ms. Bridgers acted with actual malice, which he cannot do.”
Nelson’s lawyers argued in their court papers that they need to depose Bridgers as part of their effort to defeat the “I Know the End” singer’s motion, which is filed under the state’s anti-SLAPP — Strategic Lawsuit Against Public Participation — statute.
The law’s intent is to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their free-speech rights.
Bridgers’ attorneys countered in their court papers that the plaintiff’s call for a Bridgers deposition was based on “vague, conclusory statements and legal arguments” and that the motion should have been denied.
In his ruling, the judge said the crucial issue in deciding whether actual malice exists is a subjective test under which the defendant’s actual belief — in this case Bridgers — concerning the truthfulness of what was published.
“Because the subjective belief of defendant is critical, defendant herself is necessarily the primary, if not sole, source of evidence regarding actual malice,” the judge wrote.
The deposition and document requests will be limited to the issue of actual malice for the purpose of opposing Bridgers’ dismissal motion and it is to take place no later than April 29, Kin wrote.
In a sworn declaration in support of her motion, Bridgers admits to publishing the statements that serve as the basis for the defamation claims, but denies acting with the requisite intent or knowledge, Nelson’s lawyers state in their court papers.
(Nelson) has a due process right to take Bridgers’ deposition and require her to produce documents in order to oppose her dismissal motion, the Nelson lawyers state in their court papers.
Nelson alleges that after his relationship with his former girlfriend, Emily Bannon, ended in 2019, Bridgers continued a relationship with her while publishing false statements about Nelson on Instagram.
According to the lawsuit, Bridgers posted statements in 2020 to her public Instagram account, called @_fake_nudes at the time, stating she “witnessed and can personally verify much of the abuse (grooming, stealing, violence) perpetuated by Chris Nelson.”
Nelson also alleges Bridgers directed her followers to Bannon’s page, which accused Nelson of racially-motivated hate crimes, robbery and assault.
But in a sworn declaration, Bridgers defended her remarks.
“I believe that the statements I made in my Instagram story are true,” Bridgers says. “My statements were made based on my personal knowledge, including statements I personally heard Mr. Nelson make, as well as my own observations. I continue to believe the statements that I made were true.”
Bridgers adds, “I was not involved in the composition of Emily Bannon’s Instagram post.”
Bridgers, Nelson and Bannon were in a business relationship until Bannon ended her part of the relationship with Nelson and then in 2020 made “a number of statements criticizing Mr. Nelson’s character and behavior,” Bridgers’ attorneys argue in their court papers.
“Ms. Bridgers then independently posted an Instagram story stating that she had witnessed Mr. Nelson’s abusive behavior and warned those considering working with him to review Ms. Bannon’s post,” Bridgers’ lawyers state in their court papers.
A hearing on the Bridgers dismissal is scheduled June 16.
The singer has been a musical guest on “Saturday Night Live” and was nominated for four Grammy Awards in 2020.