From Leviss v. Madix, decided yesterday by California Court of Appeal Justice Victor Viramontes, joined by Justice Matthew Scherb:
This action arises out of the discovery of a private sexual affair, which garnered widespread media attention when news of the affair became public. Plaintiff and respondent Rachel Leviss had an affair with Tom Sandoval, the then-boyfriend of defendant and appellant Ariana Madix. At the time, Leviss, Madix, and Sandoval were all cast members on the reality television show, Vanderpump Rules.
Madix learned of the affair when she found sexually explicit videos of Leviss on Sandoval's cell phone, which Madix then recorded and sent to Leviss. After the affair became public, Leviss filed suit against Madix for Madix's alleged conduct in accessing, copying, and disseminating the videos.
Madix moved to strike the complaint under the California anti-SLAPP statute, which allows cases to be promptly dismissed when the cases are brought based on speech "in connection with a public issue," and are legally unfounded. If a case is thus dismissed, the prevailing defendant can recover her attorney fees from the losing plaintiff.
