Another title for this article: “The Never Ending Story”
Gretchen Rossi of the Real Housewives of Orange County lost a round in her lawsuit against ex-boyfriend Jay Photoglou in their never-ending battle over essentially nothing. A very expensive nothing.
For starters, the defamation part is out.
"Yes!" Photoglou exclaimed as he left the courtroom and gave his attorney a hug. (No official comment was forthcoming, however.)
The judge struck down Rossi's claims of defamation, libel and portrayal in a false light after determining that her camp hadn't offered up enough evidence to prove Photoglou was lying about the two of them being in a romantic relationship while she was engaged to Jeff Beitzel, who died of cancer in 2008.
Rossi has already paid nearly $24,000 in legal fees for Photoglou, who sued her for defamation in January after her failed attempt to get a restraining order against him. (Her reason: She claims Photoglou threatened to kill her and boyfriend Slade Smiley.)
She's still allowed to pursue prior claims of assault, battery, stalking, breach of contract, conversion, intentional emotional distress, intentional interference with contractual relations and intentional interference with prospective economic relations for the time being.
"While we respect the Judges of the Orange County Superior Court, we believe that there are appropriate grounds for Appeal, and whether we pursue that avenue will depend upon a variety of factors," Rossi's attorney, Gregory G. Brown, said in a statement to E! News.
"We believe it is important to note that much of Ms. Rossi's complaint went unchallenged," he continued. "These eight primary claims will continue to be pursued aggressively.
"While we ordinarily do not discuss the details of ongoing litigation, we feel compelled to provide this complete picture of the current status of the case given Mr. Photoglou's ongoing internet and media communications which, to date, have been less than complete."
Part of the Judge’s Ruling:
Defendant Jay Photoglou’s Special Motion to Strike is granted in part and denied in part. Defendant Photoglou’s Special Motion to Strike is granted as to the 3rd cause of action for slander, 4th cause of action for defamation re: Libel and 5th cause of action for false light. Defendant has met his initial burden showing the alleged false statements regarding defendant and plaintiff’s relationship and plaintiff’s engagement to Jeff Beitzel are protected speech subject to the protections of the anti-SLAPP statute.
In other Gretchen and Slade news, Slade has reportedly had his vasectomy reversed. Could more little Slades and Sladettes be far behind? Guess the relationship is serious, if Gretchen doesn’t wind up paying Jay again. If she loses this lawsuit, she’ll owe him another 50 grand.
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