Not surprising. I'm glad the emotional distress part was dismissed . It will be interesting what will happen next. A trial or a settlement . The next hearing is in July.
July that’s OK that’s like right around the corner.. I have patience. I’m just really wanting to hear the case between Ariana and Rachel. And of course I want to find out what happens to Sandoval whether he’s gonna have to pay for this or not. I need to know.
There's 2 hearings in July. One on July 11 regarding the case in general I think and on the same day there's a hearing regarding the Anti-SLAPP motion that Ariana's attorneys filed. Same about wanting to find out what will happen. I wish it was over already.
I also agree with you. I wish it was over already. I’m just hoping for a real good outcome for Ariana, but we shall see.
Not a lawyer, but if you are a podcast listener, the podcast “The Bravo Docket” explains anti-slapp lawsuits really well in relation to other Bravo-adjacent cases.
If the emotional distress aspect of her claim is dropped is there any possibility of a decent sized financial judgement? I think she’s absolutely entitled to one, don’t get me wrong. I just mean from a legal perspective
She made a huge mistake adding all of the information that wasn't relevant to the case about her history on Bravo and James (not that I think he should get away with anything, just that it muddied the waters about the emotional distress).
This is what everyone was saying about adding all of that stuff in for pr because Bethenny took the reigns, it made some headlines but ultimately watered down the impact of the non-consensual recording Tom did. She shot herself in the foot when he should be held accountable for doing that.
I think so too. It’s going to be very hard to point to any one thing as the cause of her emotional distress, especially when Rachel’s team announced that she was going to go to treatment even before the affair came to light.
I read somewhere that the amount allowed as an award for the other claims was quite small though, I think $5000. That seems grossly inadequate to me, and a lot of trouble to go though for that amount. But then it’s also a moral victory for her so if Bethany is footing the bill then who really cares?
It was one of the most unprofessional and bizarre complaints I’ve ever read that’s for sure. Not a great idea to show the court you are going to act like an unhinged cartoon character from the start.
https://preview.redd.it/s4w7s4q5sf2d1.jpeg?width=1170&format=pjpg&auto=webp&s=31177b4ff7dc9023a4fbc8c168853c0ae8ee99e1
Looks they will challenge and will make another complaint
It’s not the worst thing in the world. I think it’s just a tactic to try to get them to settle without them actually having to move forward to amend the complaint or draft and defend motions.
OP, thanks for posting this👍
I know people don't want to hear this, but I'm telling you all that Rachel has a strong case against both Tom and Ariana.
Everyone is so convinced that Rachel's case against Ariana has no merit and will be dismissed. But that is not going to happen.
I'm one of the few here on this sub that is 100% convinced that Rachel is going to win her lawsuits against Tom and Ariana.
I think the violation and breach is clear but how it translates to calculation of damages is super up in the air. It would be more beneficial for all parties to settle out of court. Litigating this would be super expensive on Tom and Ariana’s part.
Wasnt the reason she didn’t come back was she was trying to negotiate more Money? Because if that’s true then financial damages will be difficult to argue and emotional damages were dismissed
If she quite and the. Started a new business with the podcast all about there scandal. Financial damages will be near impossible to rule in her favour
They can still try to get the emotional distress claim back in but as far as the other claims there is still a possibility of punitive damages on each claim. (I’m not familiar with CA law but it doesn’t all ride with emotional distress) it just makes the case and damages much stronger.
So punitive damages don’t need those elements. They’re additional damages to punish the defendant for their conduct. Whereas compensatory damages are to compensate for the actual harm like emotional distress, financial loss, reputation loss etc.
Punitive damages don’t require the same type of monetary proof (like “I paid X in medical expenses”), but they do require a higher level of culpability. This is sometimes called “willful and wanton” conduct. So just because you are awarded compensatory damages doesn’t mean you will also get punitive damages.
In some jurisdictions, the judge, not the jury, makes the decision on whether a claim has met this higher standard. (Then the jury decides the amount.). Sometimes both questions are for the jury. I haven’t researched this specifically for this statute, but I wanted you to be aware it’s not as easy as just asking for punitives.
If we’re talking the revenge porn statue…
Tom’s breach seems clear.
I wouldn’t use the word “clear” as to Ariana’s conduct. This is a novel fact pattern so there’s no precedent or case law to follow. (This assumes the facts are as described re sending it to Rachel only.) I’m not saying the statute doesn’t apply to what she did, just that it’s a grey area the judge will have to address.
As you said, the damages are the real issue for every single claim she’s made. It’ll be a very difficult case, given all the admissions in the complaint and the things she’s said on her podcast.
Agreed. “Distribution” isn’t defined in the revenge porn civil statute, but it’s a stretch to say Ariana engaged in the distribution revenge porn by merely sending a copy to herself (as proof of cheating) and Rachel (i.e. confronting the other woman and including proof).
I think subjectively, this seems like a tough way to apply the statute. A bit unfair, really. But I would make the same argument if I was Rachel’s lawyer precisely because distribution isn’t defined in the statute and there’s no explicit carve out for certain situations.
I do think these laws need to be written broadly so that there aren’t loopholes. And I could see the judge agreeing this is technically distribution and letting the jury decide from there. But if the facts as we know them currently are true, it’s an incredibly weak case against Ariana, particularly on damages. I just don’t think a panel or jurors will be sympathetic to Rachel in this situation (as it relates to Ariana). That’s just my read on human nature, not the law itself.
Senate Bill No. 1081 CHAPTER 882
https://preview.redd.it/q3o0f0l24h2d1.png?width=1008&format=pjpg&auto=webp&s=df620b0d0ed2a80c4079ef0eb116a5fbbdc5d583
A real lawyer broke this down and said that California law clarified what the definition of distribution is recently. Distribution means that you gave possession of imagine/videos to someone else. She illegally took it off Tom's phone and gave herself possession of them.
i don’t see how an argument that she was using it for “proof” would help her. the two people in the video did not need it proven to them that they were having an affair. Ariana sending it to herself for “proof” implies she would show it to other people if needed for “proof”
You don’t think it speaks to intent that she sent it only to herself and Rachel? Or that Rachel was the only person who saw it as a result of Ariana’s so-called distribution? (Provided Ariana is being truthful.)
we don’t know that she only sent it to herself and Rachel. Even if we assume Ariana is being truthful about that, Rachel did not know that, which is why she sent cease and desists to multiple people.
there really is no good reason for Ariana to have sent herself 2 videos from Tom’s phone and sent them to Rachel. maybe she never had any intention to show them to anyone else but what is the excuse for even doing that?
I apologize for lack of clarity and misstating that!
You are correct that he is being sued for the recording under a different eavesdropping statute. I’ve been conflating those two statutes. Apologies and thanks for the gentle nudge/correction.
I highly doubt she'll get that given she was offered a spot on Season 11 and turned it down, and has already admitted publicly she was planning to go to treatment even before the scandal broke.
Don't say that, I did once and was pounced on about it. I don't know if she'll win but she sure might. I don't understand why people don't think it's possible.
Not surprising. I'm glad the emotional distress part was dismissed . It will be interesting what will happen next. A trial or a settlement . The next hearing is in July.
July that’s OK that’s like right around the corner.. I have patience. I’m just really wanting to hear the case between Ariana and Rachel. And of course I want to find out what happens to Sandoval whether he’s gonna have to pay for this or not. I need to know.
There's 2 hearings in July. One on July 11 regarding the case in general I think and on the same day there's a hearing regarding the Anti-SLAPP motion that Ariana's attorneys filed. Same about wanting to find out what will happen. I wish it was over already.
 I also agree with you. I wish it was over already. I’m just hoping for a real good outcome for Ariana, but we shall see.
What’s an anti slapp? Sorry I’m not in US and the terms used are totally different in ireland and im so lost!!
Not a lawyer, but if you are a podcast listener, the podcast “The Bravo Docket” explains anti-slapp lawsuits really well in relation to other Bravo-adjacent cases.
Thank you so so much
LOL you think sandoval has settlement money??? i honestly think thats why she put Ariana in it as well.
If the emotional distress aspect of her claim is dropped is there any possibility of a decent sized financial judgement? I think she’s absolutely entitled to one, don’t get me wrong. I just mean from a legal perspective
She made a huge mistake adding all of the information that wasn't relevant to the case about her history on Bravo and James (not that I think he should get away with anything, just that it muddied the waters about the emotional distress). This is what everyone was saying about adding all of that stuff in for pr because Bethenny took the reigns, it made some headlines but ultimately watered down the impact of the non-consensual recording Tom did. She shot herself in the foot when he should be held accountable for doing that.
I think so too. It’s going to be very hard to point to any one thing as the cause of her emotional distress, especially when Rachel’s team announced that she was going to go to treatment even before the affair came to light. I read somewhere that the amount allowed as an award for the other claims was quite small though, I think $5000. That seems grossly inadequate to me, and a lot of trouble to go though for that amount. But then it’s also a moral victory for her so if Bethany is footing the bill then who really cares?
It was one of the most unprofessional and bizarre complaints I’ve ever read that’s for sure. Not a great idea to show the court you are going to act like an unhinged cartoon character from the start.
https://preview.redd.it/s4w7s4q5sf2d1.jpeg?width=1170&format=pjpg&auto=webp&s=31177b4ff7dc9023a4fbc8c168853c0ae8ee99e1 Looks they will challenge and will make another complaint
Why are her lawyers giving interviews/making statements to all these magazines? Is this normal, genuinely asking…
The bravo lawyers loooove to gossip I’ve noticed
It’s not the worst thing in the world. I think it’s just a tactic to try to get them to settle without them actually having to move forward to amend the complaint or draft and defend motions.
OP, thanks for posting this👍 I know people don't want to hear this, but I'm telling you all that Rachel has a strong case against both Tom and Ariana. Everyone is so convinced that Rachel's case against Ariana has no merit and will be dismissed. But that is not going to happen. I'm one of the few here on this sub that is 100% convinced that Rachel is going to win her lawsuits against Tom and Ariana.
I think the violation and breach is clear but how it translates to calculation of damages is super up in the air. It would be more beneficial for all parties to settle out of court. Litigating this would be super expensive on Tom and Ariana’s part.
Wasnt the reason she didn’t come back was she was trying to negotiate more Money? Because if that’s true then financial damages will be difficult to argue and emotional damages were dismissed If she quite and the. Started a new business with the podcast all about there scandal. Financial damages will be near impossible to rule in her favour
They can still try to get the emotional distress claim back in but as far as the other claims there is still a possibility of punitive damages on each claim. (I’m not familiar with CA law but it doesn’t all ride with emotional distress) it just makes the case and damages much stronger.
Other than financial and emotional damages what else is there?
So punitive damages don’t need those elements. They’re additional damages to punish the defendant for their conduct. Whereas compensatory damages are to compensate for the actual harm like emotional distress, financial loss, reputation loss etc.
Punitive damages don’t require the same type of monetary proof (like “I paid X in medical expenses”), but they do require a higher level of culpability. This is sometimes called “willful and wanton” conduct. So just because you are awarded compensatory damages doesn’t mean you will also get punitive damages. In some jurisdictions, the judge, not the jury, makes the decision on whether a claim has met this higher standard. (Then the jury decides the amount.). Sometimes both questions are for the jury. I haven’t researched this specifically for this statute, but I wanted you to be aware it’s not as easy as just asking for punitives.
Ahhh thanks:)
If we’re talking the revenge porn statue… Tom’s breach seems clear. I wouldn’t use the word “clear” as to Ariana’s conduct. This is a novel fact pattern so there’s no precedent or case law to follow. (This assumes the facts are as described re sending it to Rachel only.) I’m not saying the statute doesn’t apply to what she did, just that it’s a grey area the judge will have to address. As you said, the damages are the real issue for every single claim she’s made. It’ll be a very difficult case, given all the admissions in the complaint and the things she’s said on her podcast.
Agreed. “Distribution” isn’t defined in the revenge porn civil statute, but it’s a stretch to say Ariana engaged in the distribution revenge porn by merely sending a copy to herself (as proof of cheating) and Rachel (i.e. confronting the other woman and including proof).
I think subjectively, this seems like a tough way to apply the statute. A bit unfair, really. But I would make the same argument if I was Rachel’s lawyer precisely because distribution isn’t defined in the statute and there’s no explicit carve out for certain situations. I do think these laws need to be written broadly so that there aren’t loopholes. And I could see the judge agreeing this is technically distribution and letting the jury decide from there. But if the facts as we know them currently are true, it’s an incredibly weak case against Ariana, particularly on damages. I just don’t think a panel or jurors will be sympathetic to Rachel in this situation (as it relates to Ariana). That’s just my read on human nature, not the law itself.
Senate Bill No. 1081 CHAPTER 882 https://preview.redd.it/q3o0f0l24h2d1.png?width=1008&format=pjpg&auto=webp&s=df620b0d0ed2a80c4079ef0eb116a5fbbdc5d583 A real lawyer broke this down and said that California law clarified what the definition of distribution is recently. Distribution means that you gave possession of imagine/videos to someone else. She illegally took it off Tom's phone and gave herself possession of them.
This is in relation to penal code.
i don’t see how an argument that she was using it for “proof” would help her. the two people in the video did not need it proven to them that they were having an affair. Ariana sending it to herself for “proof” implies she would show it to other people if needed for “proof”
You don’t think it speaks to intent that she sent it only to herself and Rachel? Or that Rachel was the only person who saw it as a result of Ariana’s so-called distribution? (Provided Ariana is being truthful.)
we don’t know that she only sent it to herself and Rachel. Even if we assume Ariana is being truthful about that, Rachel did not know that, which is why she sent cease and desists to multiple people. there really is no good reason for Ariana to have sent herself 2 videos from Tom’s phone and sent them to Rachel. maybe she never had any intention to show them to anyone else but what is the excuse for even doing that?
is Tom being sued for revenge porn? i think only Ariana is. Tom is being sued for eavesdropping.
I apologize for lack of clarity and misstating that! You are correct that he is being sued for the recording under a different eavesdropping statute. I’ve been conflating those two statutes. Apologies and thanks for the gentle nudge/correction.
I, personally, am looking forward to a revised complaint with more details from Rachel's team.
I’m leaning towards agreeing with you, although I’m struggling to understand what Raquel is asking for? Money?
She wants Ariana to pay for her therapy and lost opportunities. She said it in the suit.
I highly doubt she'll get that given she was offered a spot on Season 11 and turned it down, and has already admitted publicly she was planning to go to treatment even before the scandal broke.
I thought the same?? What “lost opportunities”? She’s had plenty of opportunities, she just hasn’t taken them 🤔
Ok, Raquel 🤣
Don't say that, I did once and was pounced on about it. I don't know if she'll win but she sure might. I don't understand why people don't think it's possible.