A request was made to the judge in the LeAnn Rimes invasion of privacy lawsuit to have the case dismissed. Kim Smiley believes the case should be dismissed against her because of the “unclean hands” law in California.
Kim Smiley and daughter Alexa are being sued by LeAnn Rimes after they allegedly recorded a telephone call between them and the two time Grammy Award winning singer in 2012. The recording was then leaked online.
Smiley responded to Rimes’ complaint where she is seeking damages in the Los Angeles Superior Court. The Smiley’s insist that Rimes has no claim or rights against them due to the “doctrine of unclean hands” law.
The “unclean hands” California law is a doctrine that “prevents one party to a lawsuit from receiving a particular outcome to a case because that party has also engaged in bad behavior.” In other words, Rimes displayed behavior that was just as bad as the Smileys therefore she lost the right to sue them.
Kim Smiley also claims that LeAnn Rimes isn’t entitled to any damages because she is a celebrity and as a result “had no expectation of privacy.” The lawsuit response indicated that Kim believes that Rimes’ “conduct, actions, omissions, and deeds” coupled with “the conduct of her agents, employees, lawyers, publicity staff, producers or assistants” should prevent her from asserting they committed any “wrongful or improper conduct.”
The answer read in part, “Defendants Kimberly Smiley and Alexa Smiley and each of them generally deny the allegations of the complaint and each purported cause of action alleged therein, and further deny the Plaintiff has suffered, sustained, or is entitled to any damages, csts or expenses, in any sum or amount, by reason of any act, omission or conduct on the part of Defendants Kimberly Smiley and Alexa Smiley and each of them either as alleged in the complaint or at all.”
A jury trial is scheduled for June 2, 2014. The Smileys have asked the judge to award them attorney’s fees and other expenses.
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