California Civil Code 47.1 is an anti-SLAPP law that prevents individuals accused of sexual misconduct from counter-suing, and if their counter-suit fails, they may be entitled to the accuser's legal fees; however, this law requires the accuser to prove their accusation was made in good faith, without malice, and with a reasonable factual basis, which means that without a court trial, the law's application remains uncertain and could potentially be challenged as unconstitutional for silencing legitimate defenses.
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Blake Lively Wasted Her Money and Our Time.Added:
This woman burned through $50 million >> [music] >> and she came out of this case worse than how she went in.
Baby, mama, you could have given me 1% [music] of that amount and I could have helped you to rebuild your reputation. I could have helped you to avoid all of this.
>> [music] >> But, you know, I don't think my services could even help you now. I think it's too late.
>> [music] >> So, the It Ends With Us saga is almost at the very end. There's still one more point that needs to be settled and the judge could rule on this any minute. As a matter of fact, by the time this video comes out, he may have already ruled.
Today is Thursday, May 14th and it is now about 5 minutes to 11:00 in the morning. So, I just wanted to establish the fact that I said it first >> [laughter] >> before anything was decided.
Um but the one point that still hasn't been decided is the California Civil Code 47.1.
And this is basically an anti-slap law from the state of California that says, if somebody is accused of some sexual impropriety, they cannot counter-sue. And if they do counter-sue and their counter-suit doesn't stand, then the person who made the accusation should be paid their lawyer's fee for trying to defend that counter-sue. Now, I'm still kind of confused as to why this has been allowed to go on because this is a California code and this is a movie that was filmed in New Jersey. And the judge has already dismissed some requests to apply California rule because this movie was filmed in New Jersey, so the California law doesn't apply. So, I'm really confused as to why this has been allowed to go on. Nevertheless, it has been allowed to go on. And And this video, I just want to give a couple reasons why I believe that this is not going to stand, that the judge is also going to throw this out and say, "This does not apply to this case." But again, I'm not a lawyer, so if there any lawyers who are watching this video and you can give me points why she could still prevail, leave your comments below. Also, I would like to invite you to please subscribe to my channel if you'd like to see me do more commentary on this case and other stories in social media and the world of entertainment. I like to give my opinion on these things. So now, let's get back into the video.
Now, let's be very clear. This anti-slap code that she's trying to apply applies specifically to the countersuit that Justin Baldoni had first launched against Blake Lively. If you remember, after she sued him after the article in The New York Times and she uh put out her CRD complaint and then the lawsuit, Justin Baldoni countersued her. Now, the judge dismissed three of the seven points that he had in his lawsuit, basically gutting it. It got rid of the main points that he was making in his lawsuit, which was defamation and extortion. And then, instead of amending the language of the surviving four points and continuing to go with that, Justin simply let the time lapse and then the judge said, "Okay, since you're not going to do anything with these remaining points, we're just going to dismiss the whole thing."
Blake is now seeking to get compensation for the money she spent defending against his countersuit. There's a couple things that I find interesting regarding Justin's case that was dismissed.
Number one, when the judge dismissed three of the seven points that Justin had brought to court, Blake Lively's fans were celebrating and saying, "Haha, he got completely annihilated."
But this time, when 10 of Blake Lively's 13 claims were tossed out by the judge, their response was, "Well, that's okay because it was just by technicality and she still has a couple cases that she can take to court." What was interesting is that the points that the judge tossed from Justin's lawsuit were kind of the same thing. There was technicality and there was merit. He basically told Justin, "You cannot sue her for defamation because she made a complaint against you. She has the constitutional right to complain. That is not defamation." So, on that basis he threw that out. And in the case of extortion when he was saying she was trying to steal the movie from me by trying to extort me by forcing me to give her more responsibilities on the threat that she would pull out from the movie or she wouldn't promote the movie, the judge was saying, "You know what? That's not really extortion.
That's hard bargaining." So, those were the reasons. They were really technicalities. That's really what it was why his case. And then the remaining points, instead of him trying to fight those and trying to fix them and then take them to court, he just let them lapse. Okay?
The other point that I found interesting is based on that. His case was partially gutted and then he decided not to take the others to court.
That's not a settlement. He didn't go over to Blake Lively's side and said, "Can we reach a settlement to make me drop these other complaints that I had?"
No, he didn't. You know why? Because he realized that the surviving claims didn't have much merit and it would have been a waste of time to continue doing that. So, instead of calling it a settlement, he simply dropped it. And that's what happened with Blake Lively.
That's what I talked about in my last video. The word settlement was doing a lot of pushing because she didn't really settle the case. Justin Baldoni's side didn't need to come to an agreement with her hoping that she would drop the case. They were already going to win. If they went to court, Justin would have benefited this whole thing about the retaliation. He had enough evidence that there was no retaliation campaign against her and I discussed all of that in the last video.
I showed email and text messages.
He was winning. So, he didn't have to come to an agreement with Blake to convince her to drop the case. She went over that side to pretend that they could reach some type of a settlement to try get something out of them and she got nothing because Justin side said, "We want this to go to court. It's up to you if it goes to court or not, but we're not going to give you anything."
So, when she got nothing from them, she basically dropped it. What she did get was a poorly worded statement that she then tried to use against them and it kind of backfired.
But, you get the point.
Both sides ended up doing the same thing. They went to court, their cases were gutted, and then they dropped it.
Now, like I said in the beginning, I don't understand why 47.1 is still in play in a New York federal court based on the movie that was filmed in New Jersey if this is a California code.
So, that part I still don't understand.
What I do know is that in order for this case to prevail, in order for Blake to get her lawyer's fees, she has to show three things. She has to show that her accusation of sexual harassment against Justin Baldoni was done in good faith, that it was done without malice, and that it was fact by reasonable basis.
Okay?
The first two, that it was done in good faith and without malice, we never got to prove it in court.
You have to prove that what you were accusing him of actually happened. And for that to happen, you have to go to court. You have to sit on the witness stand and give detail of what this sexual harassment consisted of. You have to provide testimony. You have to provide evidence. You have to prove that what you said was not a lie. And because the case never made it to court, we will never know.
Although the evidence that was found in discovery that we got to examine for the most part showed that it wasn't true.
But because it didn't officially make it into the court, how can we be sure that it wasn't done with malice and that it was actually done in good faith? Do we take her word for it? That's not how the courts work. If she couldn't prove that it actually happened and that she truly wasn't trying to taint this man's reputation, she would have had court and that didn't get to happen. But point number three is the one that I am scratching my head. Why is this thing still pending? Number three says, "Her accusation has to be backed by a reasonable basis."
The judge already ruled on this.
And he basically said that her accusations of sexual harassment were unreasonable.
He went point by point saying, "This is a romantic movie that you were filming and the things that you accused Baldoni of of of kissing you in the neck and and caressing your lip during a scene where you guys were dancing. That's not sexual harassment. That's not your boss at the accounting firm cornering you in the kitchen and and kind of putting his hands on you. This is a movie. And so when Justin Baldoni was doing that, this wasn't Justin Baldoni kissing Blake Lively, a married woman mother of four.
This was Ryle getting very intimate with Lily, two characters that were falling in love. And the judge even said, "Okay, so it wasn't choreographed perfectly and you weren't expecting him to make those moves, but when filming, it is very normal to assume that there's going to be improvisation."
And he said, "How are you One of the things that she mentioned is that he was adding sex scenes to the script and that's a sign that he was trying to harass her. How are you going to going to that there's sex scenes that are going to be added to a movie that is based on a book that had a lot of very from what I understand very graphic sex scenes and that you signed up for this.
Why are you acting brand new like you didn't expect this? The judge went point by point to show you're not being reasonable when you call this sexual harassment. So that right there invalidates the third point that is necessary for her to earn those lawyer fees from Justin Baldoni. It was not backed by reason.
And this is something that the judge himself determined. The judge who's about to rule if she deserves to get those lawyer fees.
So actually no, I don't believe for a second that Blake Lively is going to get her fees paid. And finally on the off chance that I can't really picture in my head, but on the off chance that the judge agrees with her and says, "Yeah, you should get paid your lawyers fees."
She's only going to be paid a tiny amount of money. From what I understand and I've been hearing some experts say that she's not to be expecting a lot of money. She might get six figures. That's it.
That is nothing compared to the $50 million that she now owes her lawyers.
But also, if the judge grants her this, it will only shine a light on what I believe is the unconstitutionality of 47.1, which is a California law that in my opinion is very unconstitutional.
How are you going to tell somebody who's being accused of something hasn't even been proved in court? Just an accusation. Somebody can just make an accusation and then that automatically muzzles me. It ties my hands behind my back and I can't even defend myself in court? In the same way that the judge says, "Well, you know, Blake Lively having a complaint and going to court against you, that's not defamation.
That's her constitutional right. She can go ahead and and and say what you need to say that you did to her. Well, in that same manner, how can you stop a man or woman because women get accused of sexual harassment all the time, ladies and gentlemen. Don't think that this is a pro-woman only law.
Men accuse women, their superiors, their boss of sexual harassment all the time.
And so, you are not only silencing men being accused, you're also silencing women who could be accused because somebody has a vendetta against them.
This is a bad law and it has to be thrown out. And I love California. I love living here. But, yeah, I'm sorry.
It's not a good law. And obviously, Justin cannot if he is told that he needs to pay her the little bit of money that he will be asked to pay her, he cannot appeal this. This is part of the settlement. Neither one of them will appeal whatever decision the judge comes to. But, it can open a can of worms.
Somebody else can say, "Listen, based on the Baldoni case, I think this law needs to be thrown out." And they can take it all the way to the Supreme Court. How you think the Supreme Court is going to rule? It's going to get tossed out. And so, even if Blake wins, she will not get anywhere near the amount of money she needs to pay back her lawyers. But, she could be the catalyst that causes this {quote} pro-woman law to be tossed out forever by the Supreme Court. The Blake Lively effect. She will be the woman who's going to be remembered as the woman who lied, who cried wolf, and falsely accused a man of doing something because she wanted to steal a movie from him.
And this is going to affect women working in the industry for a really long time to come.
Yeah.
It's lose-lose. It really is lose-lose for Blake. She should have just ate her salad and kept silent. My goodness. This woman burned through 50 million dollars.
And not only she's not going to get anything that she wanted, but she came out of this case worse than how she went in?
Ooh, baby mama, you could have given me 1% of that amount and I could have helped you to rebuild your reputation. I could have helped you to avoid all of this.
But, you know, I don't think my services could even help you now. I think it's too late.
Should have been humble. You should have been humble.
But anyway, guys, this is my video for today. Let me know what you think about this. Thank you so much for watching.
Please subscribe to my channel if you'd like to see me do more commentary on this topic and others. Please give it a like if you enjoyed it. Please share it with others if you thought it was interesting. That would also help me get to 5,000 subscribers, which I'm trying to do. I'm going to leave other videos linked below for you to watch and let me know what you think about that. Also, since this case is coming to an end, let me know what other topics you want me to discuss because I hope you won't leave me after this case finally settles for good. Um, I hope that you will stick around if you enjoy my take on things. I would like to discuss other topics, but I want to talk about things that you [music] are interested in. So, leave that also in the comments below. Thank you so, so much for watching and hopefully, I will see you in the next one.
Bye.
>> [music] [music] [music]
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