A man who sued Kim Kardashian after his photo was mistakenly used in an online commentary about an inmate by the same name awaiting execution in Texas in early 2024, and is appealing a judge’s ruling that dismissed his case on free-speech grounds, is asking the same judge to deny the media personality mandatory attorneys’ fees.
Los Angeles Superior Court Judge Michael C. Small heard arguments on the 45-year-old Kardashian’s anti-SLAPP motion on Oct. 14 and took the issues under submission before ruling in her favor on Nov 5. Originally filed in February 2025 to allege defamation, false light invasion of privacy, intentional infliction of emotional distress and negligence, plaintiff Ivan Cantu’s suit was amended May 28, 2025 to add a claim for misappropriation of likeness.
On Thursday, Cantu’s lawyers filed court papers requesting that Small deny the socialite’s bid for $128,150 in attorneys’ fees and $1,062 in costs.
“The anti-SLAPP statute was not intended to so severely punish an innocent victim who suffered injuries due to defendant’s admitted error and due to the clear inequity of the financial status of the parties, which would punish Mr. Cantu unfairly due to defendant’s wealth, power and ability to easily pay her attorney’s outrageously high fees,” the plaintiff’s lawyers contend in their court papers.
The state’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights. Cantu’s attorneys further state in their pleadings that if Small is inclined to award attorneys’ fees and costs that he cap the total amount at $5,000.
In his court papers, Kardashian’s lead attorney, Emil Petrossian, states that he spent more than 100 hours working on the anti-SLAPP motion at an hourly rate of $900 that was discounted from his normal charge of $1,100 an hour, saving Kardashian about $21,700.
In his November dismissal ruling, the judge said Cantu did not indicate that he sustained damages because of Kardashian’s mistake.
“The hitch for the plaintiff is that he failed to provide sufficient evidence that he suffered any injury as a result of Kardashian’s misappropriation of his likeness,” Small wrote in granting the anti-SLAPP motion while adding that Cantu only offered a declaration alleging he suffered emotional distress and damage to his reputation.
Cantu said in a sworn declaration that the error caused him to receive several online messages from strangers who believed he was going to be executed.
“The post caused me to suffer embarrassment, humiliation, anxiety, emotional and mental anguish, headaches, loss of sleep and loss of reputation,” Cantu said.