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``Girls Gone Wild'' Scores Another Legal Victory; California Superior Court Judge Dismisses Lawsuit Against Mantra Films and Joe Francis.


Business Editors/Legal Writers

SANTA MONICA Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries. , Calif.--(BUSINESS WIRE)--Nov. 25, 2003

Last week, Judge Lawrence K. Sawyer, presiding in an action in the California Superior Court, Santa Rosa Santa Rosa, city, Argentina
Santa Rosa, city (1991 pop. 80,629), capital of La Pampa prov., central Argentina. It is a modern city and road junction surrounded by a rich agricultural and cattle-raising area.
, dismissed a lawsuit filed in June 2003 by Christine Delamontanya claiming that Mantra Films, Inc. and Joseph Francis Joseph Francis may refer to:
  • Joseph Francis Cartwright, the youngest Cartwright in the television series Bonanza
  • Joseph Francis Joy (1883-1957), inventor
  • Joseph Francis Ladue (1855-1900), prospector
, its President, were liable for the inclusion of her images in a "Girls Gone Wild" videotape.

In her lawsuit, Ms. Delamontanya, suing as "Jane Doe Jane Doe

female counterpart of John Doe. [Am. Usage: Misc.]

See : Everyman
," claimed that the use of her likeness in "Girls Gone Wild Doggy Style", a one-hour film consisting of segments of men and women celebrating Mardi Gras in New Orleans, constituted an invasion of her privacy and unlawful misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any  of her likeness. Ms. Delamontanya is shown in the videos, and in commercials for the videos, standing on a balcony above a public street at Mardi Gras 2002. In the midst Adv. 1. in the midst - the middle or central part or point; "in the midst of the forest"; "could he walk out in the midst of his piece?"
midmost
 of a large group of men and women, both on the balcony and in the street below, Ms. Delamontanya is seen unclasping her bra and exposing her breasts. As a multitude of light bulbs flash and other lighting is directed toward her, she is seen dancing and smiling and allowing a man next to her to fondle fon·dle  
v. fon·dled, fon·dling, fon·dles

v.tr.
1. To handle, stroke, or caress lovingly. See Synonyms at caress.

2. Obsolete To treat with indulgence and solicitude; pamper.
 her breasts, to the apparent delight of those around her.

In granting the motion by Mantra and Mr. Francis for a dismissal of the lawsuit, Judge Sawyer ruled that the defendants' actions in the filming of the plaintiff and their subsequent distribution and sale of the documentary were in furtherance of their constitutional rights of free speech and expression. The court also held that the defendants' filming and distribution of the documentary were in connection with matters of public interest. Lastly, Judge Sawyer ruled while the filming of Ms. Delamontanya's conduct in front of the crowd and cameras did not require Mantra to seek her consent to be filmed or included in the videos, her actions clearly indicated her consent to the filming.

"Once again the courts have dismissed a suit against `Girls Gone Wild' which was brought in our opinion for the sole purpose of seeking money from Mantra to which none of these plaintiffs were entitled," said Mantra President Joe Francis. "Mantra will continue to vigorously defend against any frivolous actions and will seek full reimbursement of our attorney's fees and costs."

Both Mantra Entertainment and Joe Francis were represented in the case by attorney Ronald E. Guttman of the Los Angeles law firm of Richardson & Patel LLP LLP - Lower Layer Protocol .

Mantra Entertainment is the leading producer and distributor of reality-based programming worldwide. Formed in 1997, Mantra recognized the opportunity to develop reality-based, direct-to-consumer video titles that did not fit the traditional mold of studio-distributed product. The company, based in Santa Monica, Calif., has established its reputation by creating key franchises such as the pop-culture phenomenon "Girls Gone Wild."
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Publication:Business Wire
Geographic Code:1USA
Date:Nov 25, 2003
Words:466
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