Ronson v. Lavandeira [1]

Samantha Ronson, a prominent DJ and friend of movie star Lindsey Lohan, sued popular celebrity blogger Mario Lavandeira (aka Perez Hilton) and others for libel in California state court in June 2007.

According to Ronson's complaint [2], the online magazine "Celebrity Babylon" published statements in late May 2007 accusing Ronson of of planting drugs in Lohan's car and "setting up" Lohan for press photographers in exchange for money. On June 1, Lavandeira allegedly republished these statements on his blog, adding that Ronson had been "toxic" for Lohan. Additionally, on June 13, 2007, Lavandeira allegedly published a posting under the headline "Blame Samantha!," which stated: "Was Lindsay Lohan betrayed by her lezbot DJ pal Samantha Ronson? Australia's NW magazine seems to think so. And we wouldn't disagree!"

In addition to Lavandeira, Ronson sued the Sunset Photo and News agency, which operates Celebrity Babylon, and Jill Ishkanian, its editor-in-chief. The complaint asked for $20 million in damages.

On September 4, 2007, Lavandeira filed a motion to strike the complaint pursuant to California's anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16 [3]). On November 1, 2007, the court ruled [4] on the motion to strike, granting it in full. The court held that Lavandeira's website was a "public forum" and that his posts about Ronson concerned a "matter of public interest" because Ronson had injected herself into the public eye by associating with Lohan and because of the role illegal drugs played in the story. The court further held that Ronson had failed to produce sufficient evidence to meet the burden imposed by the anti-SLAPP statute. Specifically, the court ruled that Ronson was "at least" a limited purpose public figure under the circumstances, and that she had failed to bring forward any evidence that Lavandeira had acted with malice or reckless disregard for the truth of the statements. At the end of the hearing, Lavandeira's lawyer indicated that he would be submitting a motion for attorneys fees.

We have another document [5], entitled "Stipulation for the Entry of an Order Granting Motion to Strike Complaint Brought By Defendant Mario Lavandeira and Striking and Dismissing Complaint as to Lavandeira; [Proposed] Order Thereon." It is dated October 31, 2007, and appears to be a stipulation between the parties, whereby Ronson would agree to the entry of an order by the court granting the motion to strike and dismissing the complaint and Lavandeira would agree to waive his right to recover attorneys fees under section 425.16. Only one signature appears on the document - Ronson's -- and we have not been able to confirm whether this document was ever fully executed and filed with the court. Given the contents of the November 1 hearing transcript, however, it seems unlikely that it was.

Ronson and Ishkanian previously settled for an undisclosed amount in October 2007.

Update: In early December 2007, Lavandeira filed a motion seeking $93,000 in attorneys' fees from Ronson pursuant to the anti-SLAPP statute.

1/23/08 - News reports indicate that the court awarded Lavandeira approximately $85,000 in attorneys fees under the anti-SLAPP statute.

5/5/08 - News reports indicate that Ronson is trying to get her lawsuit reinstated, arguing that her original lawyer did not zealously defend her interests because of a fee dispute. Lavandeira has filed papers in opposition.

6/4/08 - News reports indicate that the court has rejected Ronson's attempt to re-open the case.

12/10/08 -  The Los Angeles Times is reporting [6] that Ronson has sued her former attorney, Martin Garbus, for malpractice over his handling of her case.