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LOS ANGELES (CNS) - Having previously granted a motion by Netflix attorneys to dismiss -- on free-speech grounds -- a lawsuit brought by a sexual wellness company, a judge has granted the streaming giant more than $250,000 in attorneys' fees.
The lawsuit involved a Netflix documentary that alleged an employee of OneTaste Inc. was raped and beaten. Los Angeles Superior Court Judge Holly J. Fujie heard arguments on Netflix's anti-SLAPP motion on April 26, took the case under submission and granted the motion three days later. The state's anti- SLAPP 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.
On Wednesday, the judge granted Netflix $251,870 in attorneys' fees, plus $3,780 in costs.
"The court therefore finds that the hours expended and the asserted hourly rates are reasonable," Fujie wrote.
In the suit filed last Nov. 3, OneTaste said the case stemmed from the final 15 minutes of the film before the end credits, which the plaintiff alleged contained "false statements of fact that OneTaste condones violence against women and that a woman was raped and beaten in connection with her employment at OneTaste and participation in its classes and events."
In addition to the aired allegations being" presumptively injurious," OneTaste has suffered and continues to suffer actual damages on an ongoing basis because the film is the most widely disseminated information publicly available about OneTaste, according to the suit, which further stated that the company believes the film's allegedly defamatory statements "have deterred and will continue to deter people from participating in OneTaste's classes."
But in its anti-SLAPP (Strategic Lawsuit Against Public Participation) motion, Netflix lawyers maintained the complaint violated Netflix's First Amendment rights.
"The suit is part of a coordinated legal and publicity campaign attempting to salvage the reputation of the self-described wellness education company after years of critical reporting on its practices," the motion stated. "The anti-SLAPP statute was passed to stop lawsuits exactly like this one, which seeks to chill important speech."
Netflix first aired the film five months before founder Nicole Daedone, 56, and Rachel Cherwitz, 43, were indicted for allegedly forcing women into sex acts, allegations they deny.
None of the allegedly defamatory statements are actionable because they are opinion and OneTaste has provided no factual allegations or any evidence that any of the statements are false or that Netflix had "subjective belief in their falsity," the anti-SLAPP motion further stated.
The documentary includes primary-source archival material spanning more than a decade, providing an inside look at OneTaste's philosophy and teachings, its charismatic founder Daedone and statements by her and others minimizing sexual violence, according to the anti-SLAPP motion.
The filmmakers incorporated comments from OneTaste into the documentary, according to the motion.
"Indeed, the production reached out repeatedly to OneTaste over multiple years seeking an interview for the documentary," the anti-SLAPP motion stated.