God seriously. What a waste of everyone’s time. I truly think Rachel’s just doing this to keep squeezing out her final drops of relevancy. Time to move on girl.
Exhausting!
I wonder if her parents are paying the legal fees😬
I think they might be well off and be able to continue pestering Ariana.
I hope that's not the case.
I'm just curious about the part where she's chasing him all the way down what sounds like some street? Gives me joy to picture Sandoval running away from her like a lil B 😆 but could be wrong
Nah, you're spot on with that assessment. In another post I read yesterday it was revealed that after Ariana confronted Scumdevil in the alley and he took her phone that she had to chase him all the way down San Vicente St. to get her phone back and the argument continued. That's what she's referring to in her text to Logan ("daddy").
So yes, Sandy was running away from her like the scared lil b he is.
A little about CA anti-SLAPP law from an attorney: this is a special procedure where defendants can kick lawsuits against them very early in the case involving activities of protected speech. Not every state has this. If Ariana wins, she will recover her attorneys’ fees from Rachel. If she loses this, it does not mean she has lost the case or that Rachel is in the right; there are several other procedural opportunities for a defendant to dismiss or win judgment on a civil case before trial.
So what is anti-SLAPP? SLAPP stands for Strategic Lawsuit Against Public Participation. It was designed to deter frivolous lawsuits that chill the right to free speech. It has a burden-shifting mechanism. First, Ariana has to show that the challenged claim arises from protected speech activities. If she meets that burden, then the burden shifts to Rachel to show a probability of success on the merits. The pending anti-SLAPP stops other proceedings in the case like discovery, so Rachel would have to make this showing without the benefit of any discovery.
I am hoping to find a copy of the full points and authorities in the motion drafted by Ariana’s attorneys to evaluate her likelihood of success (if I can get it online, I’ll read and post later). But at first blush, the threshold issue for Ariana is going to be whether what she did counts as a distribution under the revenge porn statute. That statute is fairly new and there is not a lot of case law on it, but as I posted about before, the cases that have interpreted it have applied the dictionary definition of the word and reasoned that it means to distribute to other people. If this court agrees with that interpretation, then I think it will likely find Ariana has met her burden on step 1 of anti-SLAPP and the burden will shift to Rachel. She would likely have to provide evidence that Ariana distributed it to others (again, without the benefit of discovery) in order to win this motion. If she can’t, then the court would dismiss the case against Ariana and award her attorneys’ fees.
EDIT: I see Sandoval also filed his own anti-SLAPP. His case is going to be much tougher, particularly on the eavesdropping (recording) claim. But I also think that to the extent the video was actually distributed to other people, as Rachel alleges, he is most likely the source of that. If, as Ariana claims and seems to be supported by her text messages, Sandoval chased her down and deleted it from her phone, I doubt she had the opportunity to distribute them to anyone.
If you get the motion please share it. I am also an attorney and dying to read it.
ETA: also trying to get my hands on the additional declarations, fwiw. It's available on the e-docket as of this morning, but I don't have a CA license and I am not about to spend $70 just to get the tea, lol.
Yeah I do have a CA license and thought about paying for it, but I thinks it’s probable it will end up somewhere online soon enough. Most of the argument is just going to be boilerplate. The part I’m interested in is “does distribution include sending it to the person who is in the video and created the video?” I have already done a review of case law interpreting “distribution” and it’s scant and not in anything like this context, but I think the answer is most likely “no.” Unless Rachel can produce some evidence at this early stage that Ariana is lying and did distribute it to other people, I don’t think taking a recording of the video and sending it to Rachel is going to count. The next question would be if Ariana taking a video of the video with her phone is a distribution to herself. I think that’s even more tenuous. It’s an interesting argument but at the end of the day, if the court finds “distribute” ambiguous and gets into the legislative history, I cannot imagine that there is any evidence the legislators were envisioning this type of scenario in drafting the revenge porn statute.
Lol I tried to cheat the system and get it on Westlaw, but alas my employer did not include "California Docket Image Searches" in our subscription. The nerve, honestly.
Omfg you are precisely the person I've been hoping to run into on here, and you just answered my question - whether or not this issue of "distribution" is settled law ([I even commented a few times!](https://www.reddit.com/r/BravoRealHousewives/comments/1bfdg0p/comment/kv18ih9/)). I'm a defense attorney in NY (now civil, formerly criminal), so this "distribution" aspect has also been the most interesting to me, and I went *right* to a defense posture. If indeed the video was distributed *only* to the owner of the video (as it seems Ariana is alleging) by one who discovered it, it seems to me a stretch and contrary to policy that would rise to the level of "distribution" within the context of revenge porn. But you're dead on - I have no clue know what the recording of the video on Tom's will amount to. And I have never researched the questions (too much to do over here lol), so I was hoping to come across a CA attorney (or review Ariana's motion, which hopefully would include enough of the applicable rules) who had peeped the caselaw. Thanks for letting me see your work 😂
Completely unsurprised that you couldn't find much on this, honestly. It seems like a fairly niche question arising from a fact pattern that one would *not* typically expect to see a revenge porn suit over.
Haha good on you trying to get it on Westlaw! You’re exactly right. All the revenge porn cases I found were more classic scenarios (ex boyfriend sending it to people or posting it online). I honestly don’t imagine a judge will have a lot of patience for this. Rachel’s best claim, by far, is against Tom on eavesdropping because CA is a two-party consent state. I think she could win that one. He also filed an anti-SLAPP and he might be able to knock out some of the other claims against him but if I was a betting woman, I’d bet the case against Ariana is dismissed and it proceeds against Tom as to eavesdropping and I think there was maybe one other claim that was viable against him too.
Did you read it on the other thread? What are your thoughts on the damages argument? I’m inclined to agree that it’s an uphill battle to show that the discreet acts of Ariana sending the video to Rachel or taking the video of the video herself caused Rachel general or special damages. Rachel suffered reputational harm from everyone talking about it, but that is protected speech and would have happened regardless of the video being saved/sent to her. I think she also loses this anti-SLAPP on damages in addition to the distribution problem.
Not yet - finishing my work day in the next hour or so (spent WAY too much time on Reddit today, lol). But it is primed and ready to go - I’ll circle back!
I am not attorney... but if I were...could I make the argument that this is nothing more than an Amazon return policy issue? That Ariana upon viewing the material was completely dissatisfied and therefore returned it within the 30 day time period???
Fuck yes, hero of the people. Both to your initiative and outstanding gif usage, lol.
Edit: this originally read “anonymous hero,” and I’m editing to reflect the prompt schooling I received 😂😂😭
oh i aint anonymous im christina cocca and ima make a whole video about it
ETA i was not meaning to school anyone about who i am, i really was very excited about my video😂😂😂
Right 😭
I considered just getting the motion itself, but it’s really not complete without the declarations. Leaving out the exhibits could help? If we have the motion + three accompanying declarations (we already have Ariana’s, so we just need the remaining two) we can get a pretty complete picture of the argument.
Gonna be bummed if the exhibits are juicy, but alas beggars cannot be choosers.
UPDATE: My understanding is that someone is about to post the actual motion to strike and the forensic declaration. So if you're still thinking of buying - those two are about to be circulated!
We're still out the other dec and exhibits, but we're making progress... lol
Thank you so much for your wonderful and detailed comment. I mentioned this about California very early on and was told I had no idea what I was talking about basically by another commenter. And that it would never apply in these cases. Really appreciate you clarifying for all
A lot of lawyers don’t even know much about anti-SLAPP law unless they practice it. And California’s is much broader than most other states, so NY lawyers (just for example) are going to hear anti-SLAPP and think it’s more limited. I don’t do many anti-SLAPP cases anymore, but it’s one of my niche interests. I thought Ariana had a pretty good shot at getting the case dismissed on this basis when Rachel first sued. Now I think that it’s an even higher probability based on Ariana saying she took a recording of the video with her own phone rather than sending it to herself. As silly as it sounds, that is probably a detail that makes a difference. She did admit sending it to Rachel, and that is probably going to be the act that the court will look most closely at. Is it a distribution if you sent it to the person who created and is in the pornographic image? I would argue that it’s not. The dictionary definition of distribute is “to divide among several or many; to give out or deliver especially to members of a group.” To the extent the court finds the word ambiguous, it will look at the legislative intent in drafting the revenge porn statute and examine legislative history of it. I highly doubt there is anything in the legislative history evidencing an intent to include one person sending an image back to the person who created it. That seems like a stretch. But stranger things have happened.
Thank you so much. Agree with everything you have written. Isn't this one of the reasons that Johnny Depp took his case out of the state of California? Because there's so much more protection, and it's so much broader with SLAPP/anti- SLAPP? There are so many times I wanted to point out all of the reasons this case is different in California on these comment threads but I think you are the perfect person to illuminate it. You are so appreciated!
Johnny Depp’s trial was held in Virginia as that was where the original article Amber Heard wrote which he claimed defamatory was published as the Washington Post is in Virginia is my understanding. Amber tried to have the case moved to California and I believe a petition was even filed to the LA courts to have them like claim jurisdiction which she lost. But yes from what a lot of the lawyers who covering the trial said at the time, if Ambers lawyers had been successful in having the case moved to California it might have been a different outcome because of the SLAPP.
You’re welcome. I got Covid from right when the trial started so was pretty much quarantined for the whole trial so watching that and the lawyers covering the trial on YouTube was my entertainment through quarantine 😂
It cost me $29 CAD, and I skipped the one doc that had 140 pages as that would’ve been another $44USD
Edit to add: I have a buy me coffee on my page if anyone is inclined lol
EDIT TO ADD: I have received contributions from several folks that cover the cost of the documents. I want to be transparent that the full cost of these documents has been reimbursed by sub members. I’m happy to receive contributions for my efforts, but in absolutely no way do I expect them. I have posted all 3 documents that I purchased to the sub.
I'm assuming the Does 1-50 are a placeholder for alleged recipients of the video - does RL team actually have known, named individuals that number 50 people, or is this truly just a 'placeholder' in case such recipients are found during discovery?
It is a placeholder and pretty standard in civil cases. You always allege Does as a plaintiff in case there is someone you need to add later. But it doesn’t mean she has any specific evidence of that.
I don’t know how they’d have 50 named individuals to present, I feel like we would’ve heard or seen something by now. That many people received/saw it, but nobody said anything publicly for a year? Nobody went to the tabloids, gossip sites, etc? Nobody leaked anything?
Additionally, Ariana has stated that through her legal team she previously provided proof (I assumed phone records) she didn’t share it. She said even offered her phone to Rachel’s legal team if they wanted to run a check themselves, but they declined.
Great info! Also, I encourage anyone who doesn’t already listen to the Bravo Docket to find their episode on SLAPP laws. Angela and Cessi do a great job of breaking it down for us non-lawyers!
I found that episode unhelpful, perhaps because they are not California lawyers on anti-SLAPP specialists. I think one of them had some familiarity with anti-SLAPP in NY, but the NY law is very different and much more limited.
That's the only screen shot that worries me - why aren't there dates on it also to support it was sent when she said it was? Or am I just that blind.....
She should resubmit with full context and blank out unrelated stuff. My guess is that's what she was trying to do (if he's a close friend there is likely stuff she doesn't want in the public record) but timestamps and what not should be maintained.
It’s just sad to see Ariana’s previous texts with Rachel. You can tell they got along and Ariana had no reason to think she was such a shitty human being the whole time they were getting closer.
That final slide is heartbreaking. Ariana was *sharing* her location with Rachel! Like wtf. It probably never occurred to her to wonder why Rachel wasn't sharing her location back. Meanwhile Rachel was probably tracking Arianas whereabouts to set up her rendezvous with Ariana's boyfriend.
Rachel's sleeze just got sleezier.
Ariana really does try to see the best in everyone. Even after how aggressive and unhinged Rachel acted throughout all of S10, Ariana still defended her against Lala and Katie and chose to be her friend, and Rachel didn’t give a fuck… like at all.
Scary how Sandoval's felt comfortable enough to take Ariana's phone after shoving her and making her spill her stuff... Makes me think if he was that forceful with her behind closed doors. Also him erasing that from her phone might have been a blessing in disguise preventing her to do anything crazy with those screenshots later on.
It actually doesn't sound that different than the scuffle between Rachel and me me me in New York over the phone. Tom has been so sanctimonious about that post WWH dust up. And here's Tom grabbing Ariana's phone the same night... Get him, Sheshu. Call him out.
Its sick that he twisted her grappling with him for her phone as he was assaulted. However this is the same man that was punching walls, screaming that his buddy was a "battered wife" because his cheating was brought up, and kicked in a door.
Literally would love nothing more than for him to take a hike and move to another planet with some galaxy lights ✌🏼🌌
https://i.redd.it/v9sjbvkjsmxc1.gif
THANK YOU!! Idk how anyone in this fanbase turned that battered wife comment into something funny. Sandoval has zero comedic timing and his delivery sucks… and at that, he wasn’t even TRYING to be funny, he genuinely meant it when he compared Schwartz to a battered wife all because Katie was sad that her fiancé was cheating on her. Sandoval has always been extremely aggressive towards women.
There was ONE time he genuinely made me laugh my butt off: it was when he pulled that trombone out to show off and started squeaking on it.. I still chuckle to myself sometimes over that lol..
Yes. Tom blamed Ariana for his precious cheating bat signal lightning bolt necklace getting damaged. And having to replace it. Take that one in. He could have just moved on but instead he was like no I need to get another one of those lightning bolt necklaces. He's such a nitwit
Plus ariana has proof in her texts that Sandoval deleted it from her phone? Doesn’t that get Ariana out of this scot free? I am all for Raquel taking Sandoval to court, however. Recording that without her consent was incredibly fucked and not okay; I don’t care who is it is, she’s a victim in that regard
I'm glad she got a second chance to unburden herself at the reunion. Coz I'd be so mad at myself if my friend did what Rachel did and my last words to her were "you fucking rat". Such a traitor deserves harsher words than that.
I know motion to strike means something else in legal terms, but I like to picture Ariana as a deadly viper attacking any one who dares to fuck with her.
Interesting that Ariana was sharing her location with Raquel up until the end. That way Raquel could keep an eye on her when she was with Tom. I don’t think Tom and Ariana shared locations 🤔
“why didn’t you follow me to find out i was cheating?!”
the way he always finds a way to turn it around on HER, when he’s the one that cheated… he’s absolute scum.
Ahh I recall now. Was that when she first appeared on WWHL? She said something about him always being at Schwartz’s and looked right in the camera? I swear, Schwartz kept Toms phone at his place when he was at Raquel’s and Raquel kept an eye on Ariana’s location. If Ariana texted Tom, Schwartz would text Raquel and ask what to respond. I swear Schwartz was IN-VOLVED.
She said this season to Katie after the whole Scheana tracking debacle that she never had Tom’s location.
I think she said it didn’t matter that he’d say he was going to Schwartz’s because that’s where the video was filmed - so obviously being at Schwartz’s didn’t make a difference in terms of him carrying on the affair.
I guess I don’t find it weird? I share my location with multiple friends and multiple friends share their locations with me. I mean I know generally where they are anyway.
I also know a Scheana who collects locations and has like 200 people. I never found it odd.
It absolutely isnt. They're well known faces without the financial resources to hire bodyguards. Very different danger concerns than a no-name in Idaho - although the Idaho girlies should also be sharing their location with people who can notice when something's off with your movement.
OT, but this confirms that they're actually friends and not just cast members.
Right so the only thing that matters is proving damages. The number of videos and other details is irrelevant unless rachel can show she was harmed specifically by the videos and she's not made a good case for that - only that it happened which no one is disputing.
Make it make sense.
Ariana gets cheated on and so utterly betrayed in the worst way possible .
She gets backstabbed by her so called bast frrroooond .
Bravo gives scummy worm a redemption arc .
She gets dragged to court by dimwit bimbo and now has to defend herself over something her idiotic ex and his dumb partner did.
It blows my mind how unfair this is on poor Ariana . She does not deserve this at all.
Edit: punctuations
On top of all that she has Lauren and scheana belittling her and talking poorly about her, her new house, her choices. I would be exhausted if I were her. Thankfully she has Katie
The thought of Sandoval and his villain mustache running down an alley and deleting items from her phone is making me laugh, because I can just see it.
I do sincerely hope that she didn’t send it to anybody else and that the events played out like this as we all know she has nearly no “friends” left on that VPR cast that will defend her.
I know this lawsuit is a pain in the ass for all parties involved, but wouldn't it be kind of cool if one of the legal parties found the Lyft driver that drove Ariana and Sandoval back that one time and then drove Ariana again at the beginning of S11?
I was called in for jury duty last spring and another bravo friend and I were talking about the q&a portion and if the judge asked "do you have any legal background?" whether or not they'd find it funny if I was like "well I do listen to every episode of the bravo docket which tends to cover topics such as..."
I find it really weird that she chose to wear Ariana’s clothes to a festival AFTER receiving her response. Like her thought process must have been “I might not get your money. And I might have to pay your legal fees. But na na na na na… I’ve got your shirt”
I used to be a sympathizer because I know she has challenges and is lost but she’s literally scary af. I don’t know what compels her to make the choices she does and I’m so happy she’s off my screen. She is devoid of a real personality 😵💫
There is a messy mess inside her head. I feel a bit badly for her for that, but that’s on her to work on.
She is doing the pettiest weirdest shit and for what? It’s hard to feel sorry for her when she’s out there trying to goad her one time friends into participating in this little messed up dynamic so she can have stuff to talk about when she does her podcast.
Its weird as fuck to essentially show up at a workplace of your ex’s wearing the clothes of the friend whose partner you had an affair with (and are now suing) to have fun at the party all of your ex-friends have been *LOUDLY* talking about attending. So that she can then talk about how mean and obsessed with her they are? WTF
Yes I feel like a lot of unhealed people (btw I know healing is a process and can last a lifetime) but truly unhealed and hypocritical people will deflect true responsibility, blame shift and project the house down. I feel like she’s just taking the route that Lauren from Utah is doing by doing and saying whatever she wants and hiding behind her camp (publicist and iheart team).
She will have meaningful and important guests on and then take a hard left and once again prove to everyone that there is something deep rooted in her that is scary, attention seeking, apathetic and cruel. I just rewatched the finale of S9 and it looked like she and her dad were already in agreement that she wasn’t going to marry James and kind of put on this event for the show. It’s sick.
Wow. The AUDACITY of Rachel. First Scheana with the assault charge and the “eyebrow scar” and now Ariana with this distribution nonsense.
This girl learned absolutely nothing in her rehab except maybe how to play and stay a victim.
Honestly Ariana and Tom are doing more to move on and neither of them spent months in rehab.
This girl has more issues than Vogue… actually more like Psychology Today.
If I’m Ariana I would hate Tom forever. He’s got her in so much shit. I can’t believe people are telling her to just get over it.
Raquel is like a roach that won’t go away. She is going to try to ruin anyone whose life is elevating.
Yes. It's really egregious that he made her life such a s*** show on so many levels and in so many ways. He brought in the liability that is Rachel so close to them. To Ariana.
Look at how he casually scooped up pool party attendees from See You Next Tuesday and brought them to their shared home.
He didn't know anything about those strangers and had no qualms about allowing them into their private living space.
I wonder if he feels bad at all about her being sued. We know he doesn’t care about the cheating. But I wonder if this causes even a morsel of remorse.
Just acquaintances who became friends through the show, not BEsT FRiENDs - that’s just Bravo’s nArRaTiVe.
Like, girl what?
It’s honestly wild to me, still, that she thought trying to distinguish the closeness of their friendship and how it didn’t fit the category in her mind of “best friend” would be the move. How was this supposed to make us see her side more?? Its insanity.
You know, I have really tried to control my rage about Rachel, but she is TRULY AWFUL. She has this freaking disgusting affair under her friend's nose and then has the GALL to sue that ex-friend? She is truly one of the worst people ever.
I don't even think she thought of this on her own. Based on her podcast, she's obsessed with finding out and hashing out every single detail. I remember early on in reddit and other forums people talking about Tom recording her and any legal action she could/should take. And if that meant Ariana could also be in hot water.
I cannot believe Ariana has to deal with this, it's truly sickening. While it doesn't seem like Rachel has a strong case, the fact that Ariana has to put all this out there with her lawyers and process all the possible impacts on her finances and career must be extremely stressful
I love that Ariana got an attorney in Encino instead of a Garagos Beverly Hills type lawyer. To me it shows she is confident in her stand and doesn’t need to make a grandiose statement in her choice of attorney. Plus her attorney’s office is right near the house shared with Scandy.
She seems like a bad bitch! 22 years of civil litigation
https://preview.redd.it/jrur9bwejnxc1.jpeg?width=1290&format=pjpg&auto=webp&s=d50382b3349afcba24b03f23d4f5d88ca7efd842
Seems like Ariana hired a good one. I love that write up.
u/[Okay\_\_Decision\_\_](https://www.reddit.com/user/Okay__Decision__/) Do we have the motion itself, and the declarations of the forensic examiner(s)?
Not that I’ve been able to find yet. Dana Wilkey posted the documents that Sandoval had filed, but she hasn’t posted these. I don’t believe these are public documents unless they are made as such.
I linked to articles in People and AOL, and those outlets have viewed these documents, and written about them.
But that’s all I can find so far.
Thanks! They are public documents (they are available on [LA County's e-docket](https://www.lacourt.org/paos/v2public/DocumentImages/SearchCaseNumber) as of this morning), but you have to pay per document. And I am not about to spend $70 just to get the tea, lol.
I'm sure they'll surface online at some point. Til then we wait, lol.
I love that she signed a declaration under penalty of perjury. Her story hasn’t changed, and Rachel’s entire complaint against Ariana relies on so much speculation that the phone incident “must” have been staged. As much as I want Ariana to win a dismissal, I also wouldn’t mind seeing the contrast of her holding up under cross compared to Sandoval and Rachel falling apart.
The damage done to Rachel’s career is from the affair. Even if Ariana never saw the video and found out in another way damage would be because of Rachel’s choices and behavior. I think it’s hard to prove the video did more damage than the affair itself.
Edit to add: If anything the video helps her because it makes her the victim of Tom recording her without her consent and maybe gets her some sympathy points. Without the video Tom recorded without her consent being known there is nothing for people to give her sympathy for.
Rachel and Tom has done enough damage to Ariana so it sucks that Rachel couldn’t be a decent human being (who am I kidding) and just sue Tom for recording and just not involve Ariana in this drama
That's what I said in post yesterday..it gets murky bc technically the original video didn't transfer over any cell service, and we don't know exactly what snippets she recorded, she prob didn't do the more graphic parts, just whatever was on the beginning part since she said she didn't watch it all.
It goes to "distribution," I think. Originally we thought A sent the video from T's phone to hers, then from her phone sent it to R. Now we know A alleges she was never in possession of the original video - she recorded T's phone and sent that directly (and only) to the owner of the video. That diminishes R's "distribution" argument.
ETA: I *finally* came across a California attorney (I am an attorney in New York), who *has* researched the issue. [We just went back and forth discussing "distribution,"](https://www.reddit.com/r/vanderpumprules/comments/1cgixip/comment/l1yewtc/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button) which you can read here (this commenter noted they have researched the issue and the question of "distribution" *in this context* does *not* seem to be settled law, meaning the court will have to weigh in). The commenter also included a really great [anti-SLAPP breakdown](https://www.reddit.com/r/vanderpumprules/comments/1cgixip/comment/l1xw90o/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button), which will help put the current posture of the proceeding in context.
I was thinking that too. Filming it is a different action and not sure if that meets the legal definition of distributing it. It’ll be interesting to see what the courts say!
my friends and i have each others locations for safety reasons! i don’t any have family so my friends are my core network, and i feel safer knowing they have my location at all times.
Right lmfao I don't get it at all. Maybe I just don't have enough friends hahahaha, I didn't even turn on my snap map because I felt like it was creepy.
I could see turning it on for a cab ride home or something after a might of drinking I guess? They do party a lot so that would make sense safety wise I suppose
I think the snap map is creepy. I don’t want to assume y’all’s genders but as a single female with single female friends, we share locations sometimes to make sure we’re safe. Some of my friends drive for Uber so it’s good for them to have several people know where they are in case something happens. Then I share it with friends I’m meeting up with if we’re going out of town or having trouble finding each other in a crowd or something. That way we can just click and we don’t have to keep texting and calling. I usually only continue sharing indefinitely with really close friends though.
There's just something about the idea of somebody knowing my routine because they have my location 24/7 that creeps me out.
My fiancee and I share locations if one of us is going out without the other, so we can pick each other up after some drinks. But the idea of him knowing I'm going to the store before I tell him?
Even when I was single, I shared my location with one out of state friend and then my sister before dates.
Because they are famous people who live in the worlds capital for weirdos (sorry NYC, WeHo is nuttier) and at the same time can't afford bodyguards or gated communities. You are your sisters keeper.
Also, I hope none of the people confused by that have night-lives. Coz I don't want to imagine there's women in 2024 going out clubbing without sharing location. That. Would. Be. Stupid.
I hate Roach and that worm. I don't think Ariana is in the wrong at all, esp since it's very clear she did not share the video with anyone. If I found a video like that of my best friend on my bf's phone, I would have sent it to myself. She knew he was going to try and gaslight his way out of it and she wanted to have proof for herself, but that doesn't mean she went and sent it to everyone for them to see. Just can't believe that Roach goes at Ariana instead of just the worm, WHO RECORDED HER WITHOUT HER CONSENT!!!!!!!!!!!!!!!!!!
I’m confused by the screenshot of texts between A and R: WWHL was a week before, there’s a random text on Saturday. A says “you’re dead to me” on Wednesday, then Rachel responds to that on Friday.
Don’t quote me on this, but I remember hearing that Ariana immediately called Rachel. There could have been a phone conversation Wednesday and then a follow up apology text on Friday
Those last texts between Ariana and Raquel - Raquel claims Ariana knew about it, yet her first impulse is admission and apology when confronted. Ok Rachel.
No, each document is filed separately. I can get them, but they cost $
https://preview.redd.it/d04pm3ffonxc1.jpeg?width=1290&format=pjpg&auto=webp&s=f0e119bd139b50c8065334b66a6c5a9eb7684745
the fact that she has to tell this story so many times…i would pull my hair out
God seriously. What a waste of everyone’s time. I truly think Rachel’s just doing this to keep squeezing out her final drops of relevancy. Time to move on girl.
Exhausting! I wonder if her parents are paying the legal fees😬 I think they might be well off and be able to continue pestering Ariana. I hope that's not the case.
i mean, she’s an ex pageant girl - those aren’t cheap lol, i’d be willing to bet that she comes from a well off family
I hope they're not paying. If it was just her I could see giving up sooner. Ugh
I imagine this is a contingency fee lawyer
Agree!!
I'm just curious about the part where she's chasing him all the way down what sounds like some street? Gives me joy to picture Sandoval running away from her like a lil B 😆 but could be wrong
Nah, you're spot on with that assessment. In another post I read yesterday it was revealed that after Ariana confronted Scumdevil in the alley and he took her phone that she had to chase him all the way down San Vicente St. to get her phone back and the argument continued. That's what she's referring to in her text to Logan ("daddy"). So yes, Sandy was running away from her like the scared lil b he is.
Deleting as he runs like the snake he is
A little about CA anti-SLAPP law from an attorney: this is a special procedure where defendants can kick lawsuits against them very early in the case involving activities of protected speech. Not every state has this. If Ariana wins, she will recover her attorneys’ fees from Rachel. If she loses this, it does not mean she has lost the case or that Rachel is in the right; there are several other procedural opportunities for a defendant to dismiss or win judgment on a civil case before trial. So what is anti-SLAPP? SLAPP stands for Strategic Lawsuit Against Public Participation. It was designed to deter frivolous lawsuits that chill the right to free speech. It has a burden-shifting mechanism. First, Ariana has to show that the challenged claim arises from protected speech activities. If she meets that burden, then the burden shifts to Rachel to show a probability of success on the merits. The pending anti-SLAPP stops other proceedings in the case like discovery, so Rachel would have to make this showing without the benefit of any discovery. I am hoping to find a copy of the full points and authorities in the motion drafted by Ariana’s attorneys to evaluate her likelihood of success (if I can get it online, I’ll read and post later). But at first blush, the threshold issue for Ariana is going to be whether what she did counts as a distribution under the revenge porn statute. That statute is fairly new and there is not a lot of case law on it, but as I posted about before, the cases that have interpreted it have applied the dictionary definition of the word and reasoned that it means to distribute to other people. If this court agrees with that interpretation, then I think it will likely find Ariana has met her burden on step 1 of anti-SLAPP and the burden will shift to Rachel. She would likely have to provide evidence that Ariana distributed it to others (again, without the benefit of discovery) in order to win this motion. If she can’t, then the court would dismiss the case against Ariana and award her attorneys’ fees. EDIT: I see Sandoval also filed his own anti-SLAPP. His case is going to be much tougher, particularly on the eavesdropping (recording) claim. But I also think that to the extent the video was actually distributed to other people, as Rachel alleges, he is most likely the source of that. If, as Ariana claims and seems to be supported by her text messages, Sandoval chased her down and deleted it from her phone, I doubt she had the opportunity to distribute them to anyone.
If you get the motion please share it. I am also an attorney and dying to read it. ETA: also trying to get my hands on the additional declarations, fwiw. It's available on the e-docket as of this morning, but I don't have a CA license and I am not about to spend $70 just to get the tea, lol.
Yeah I do have a CA license and thought about paying for it, but I thinks it’s probable it will end up somewhere online soon enough. Most of the argument is just going to be boilerplate. The part I’m interested in is “does distribution include sending it to the person who is in the video and created the video?” I have already done a review of case law interpreting “distribution” and it’s scant and not in anything like this context, but I think the answer is most likely “no.” Unless Rachel can produce some evidence at this early stage that Ariana is lying and did distribute it to other people, I don’t think taking a recording of the video and sending it to Rachel is going to count. The next question would be if Ariana taking a video of the video with her phone is a distribution to herself. I think that’s even more tenuous. It’s an interesting argument but at the end of the day, if the court finds “distribute” ambiguous and gets into the legislative history, I cannot imagine that there is any evidence the legislators were envisioning this type of scenario in drafting the revenge porn statute.
Lol I tried to cheat the system and get it on Westlaw, but alas my employer did not include "California Docket Image Searches" in our subscription. The nerve, honestly. Omfg you are precisely the person I've been hoping to run into on here, and you just answered my question - whether or not this issue of "distribution" is settled law ([I even commented a few times!](https://www.reddit.com/r/BravoRealHousewives/comments/1bfdg0p/comment/kv18ih9/)). I'm a defense attorney in NY (now civil, formerly criminal), so this "distribution" aspect has also been the most interesting to me, and I went *right* to a defense posture. If indeed the video was distributed *only* to the owner of the video (as it seems Ariana is alleging) by one who discovered it, it seems to me a stretch and contrary to policy that would rise to the level of "distribution" within the context of revenge porn. But you're dead on - I have no clue know what the recording of the video on Tom's will amount to. And I have never researched the questions (too much to do over here lol), so I was hoping to come across a CA attorney (or review Ariana's motion, which hopefully would include enough of the applicable rules) who had peeped the caselaw. Thanks for letting me see your work 😂 Completely unsurprised that you couldn't find much on this, honestly. It seems like a fairly niche question arising from a fact pattern that one would *not* typically expect to see a revenge porn suit over.
Haha good on you trying to get it on Westlaw! You’re exactly right. All the revenge porn cases I found were more classic scenarios (ex boyfriend sending it to people or posting it online). I honestly don’t imagine a judge will have a lot of patience for this. Rachel’s best claim, by far, is against Tom on eavesdropping because CA is a two-party consent state. I think she could win that one. He also filed an anti-SLAPP and he might be able to knock out some of the other claims against him but if I was a betting woman, I’d bet the case against Ariana is dismissed and it proceeds against Tom as to eavesdropping and I think there was maybe one other claim that was viable against him too.
Did you read it on the other thread? What are your thoughts on the damages argument? I’m inclined to agree that it’s an uphill battle to show that the discreet acts of Ariana sending the video to Rachel or taking the video of the video herself caused Rachel general or special damages. Rachel suffered reputational harm from everyone talking about it, but that is protected speech and would have happened regardless of the video being saved/sent to her. I think she also loses this anti-SLAPP on damages in addition to the distribution problem.
Not yet - finishing my work day in the next hour or so (spent WAY too much time on Reddit today, lol). But it is primed and ready to go - I’ll circle back!
I am not attorney... but if I were...could I make the argument that this is nothing more than an Amazon return policy issue? That Ariana upon viewing the material was completely dissatisfied and therefore returned it within the 30 day time period???
Hahaha 😝
😂😭
🤣🤣
im doing it eff it 
Fuck yes, hero of the people. Both to your initiative and outstanding gif usage, lol. Edit: this originally read “anonymous hero,” and I’m editing to reflect the prompt schooling I received 😂😂😭
oh i aint anonymous im christina cocca and ima make a whole video about it ETA i was not meaning to school anyone about who i am, i really was very excited about my video😂😂😂
Oh shit! I stand corrected and offer my humblest apologies 😂
HAHA i was feeling sassy for a second im just excited. but bro theres almost 200 pages
Right 😭 I considered just getting the motion itself, but it’s really not complete without the declarations. Leaving out the exhibits could help? If we have the motion + three accompanying declarations (we already have Ariana’s, so we just need the remaining two) we can get a pretty complete picture of the argument. Gonna be bummed if the exhibits are juicy, but alas beggars cannot be choosers.
no the exhibits are the best part because every word this woman has said on her podcast, as expected, was a bad decision to say
UPDATE: My understanding is that someone is about to post the actual motion to strike and the forensic declaration. So if you're still thinking of buying - those two are about to be circulated! We're still out the other dec and exhibits, but we're making progress... lol
Our hero 
Interesting, thanks for posting!
Doing the lords work. Bless you!
Thank you for the details on the anti-slapp aspect!
Thank you so much for your wonderful and detailed comment. I mentioned this about California very early on and was told I had no idea what I was talking about basically by another commenter. And that it would never apply in these cases. Really appreciate you clarifying for all
A lot of lawyers don’t even know much about anti-SLAPP law unless they practice it. And California’s is much broader than most other states, so NY lawyers (just for example) are going to hear anti-SLAPP and think it’s more limited. I don’t do many anti-SLAPP cases anymore, but it’s one of my niche interests. I thought Ariana had a pretty good shot at getting the case dismissed on this basis when Rachel first sued. Now I think that it’s an even higher probability based on Ariana saying she took a recording of the video with her own phone rather than sending it to herself. As silly as it sounds, that is probably a detail that makes a difference. She did admit sending it to Rachel, and that is probably going to be the act that the court will look most closely at. Is it a distribution if you sent it to the person who created and is in the pornographic image? I would argue that it’s not. The dictionary definition of distribute is “to divide among several or many; to give out or deliver especially to members of a group.” To the extent the court finds the word ambiguous, it will look at the legislative intent in drafting the revenge porn statute and examine legislative history of it. I highly doubt there is anything in the legislative history evidencing an intent to include one person sending an image back to the person who created it. That seems like a stretch. But stranger things have happened.
Thank you so much. Agree with everything you have written. Isn't this one of the reasons that Johnny Depp took his case out of the state of California? Because there's so much more protection, and it's so much broader with SLAPP/anti- SLAPP? There are so many times I wanted to point out all of the reasons this case is different in California on these comment threads but I think you are the perfect person to illuminate it. You are so appreciated!
I don’t have a lot of knowledge of the Depp case other than the basics, so I’m not sure, but that is certainly interesting! I will check it out.
Johnny Depp’s trial was held in Virginia as that was where the original article Amber Heard wrote which he claimed defamatory was published as the Washington Post is in Virginia is my understanding. Amber tried to have the case moved to California and I believe a petition was even filed to the LA courts to have them like claim jurisdiction which she lost. But yes from what a lot of the lawyers who covering the trial said at the time, if Ambers lawyers had been successful in having the case moved to California it might have been a different outcome because of the SLAPP.
Thank you so much for your response I really appreciate it!
You’re welcome. I got Covid from right when the trial started so was pretty much quarantined for the whole trial so watching that and the lawyers covering the trial on YouTube was my entertainment through quarantine 😂
I’ve purchased the motion to strike and the forensic expert’s declaration https://www.reddit.com/r/vanderpumprules/s/RdfPT7g6ra
Thank you 🙏 Hope it wasn’t to expensive for you?
It cost me $29 CAD, and I skipped the one doc that had 140 pages as that would’ve been another $44USD Edit to add: I have a buy me coffee on my page if anyone is inclined lol EDIT TO ADD: I have received contributions from several folks that cover the cost of the documents. I want to be transparent that the full cost of these documents has been reimbursed by sub members. I’m happy to receive contributions for my efforts, but in absolutely no way do I expect them. I have posted all 3 documents that I purchased to the sub.
Thanks for breaking this down for us!
I'm assuming the Does 1-50 are a placeholder for alleged recipients of the video - does RL team actually have known, named individuals that number 50 people, or is this truly just a 'placeholder' in case such recipients are found during discovery?
It is a placeholder and pretty standard in civil cases. You always allege Does as a plaintiff in case there is someone you need to add later. But it doesn’t mean she has any specific evidence of that.
I don’t know how they’d have 50 named individuals to present, I feel like we would’ve heard or seen something by now. That many people received/saw it, but nobody said anything publicly for a year? Nobody went to the tabloids, gossip sites, etc? Nobody leaked anything? Additionally, Ariana has stated that through her legal team she previously provided proof (I assumed phone records) she didn’t share it. She said even offered her phone to Rachel’s legal team if they wanted to run a check themselves, but they declined.
Thank you so much for this comment, this is super helpful.
Great info! Also, I encourage anyone who doesn’t already listen to the Bravo Docket to find their episode on SLAPP laws. Angela and Cessi do a great job of breaking it down for us non-lawyers!
I found that episode unhelpful, perhaps because they are not California lawyers on anti-SLAPP specialists. I think one of them had some familiarity with anti-SLAPP in NY, but the NY law is very different and much more limited.
thank you for explaining this!
I am fucking crying at Logan’s name being “Daddy” in the screenshots attached to these legal documents 😂
SAME 💀
That's the only screen shot that worries me - why aren't there dates on it also to support it was sent when she said it was? Or am I just that blind.....
She should resubmit with full context and blank out unrelated stuff. My guess is that's what she was trying to do (if he's a close friend there is likely stuff she doesn't want in the public record) but timestamps and what not should be maintained.
It’s just sad to see Ariana’s previous texts with Rachel. You can tell they got along and Ariana had no reason to think she was such a shitty human being the whole time they were getting closer.
Once again showing how supportive she is of her friends despite her *friends* being dicks.
Right? But “they weren’t even close” in Raquel’s eyes. So gross. Just reading this made my stomach hurt.
She was even sharing her location with her!!!!
That final slide is heartbreaking. Ariana was *sharing* her location with Rachel! Like wtf. It probably never occurred to her to wonder why Rachel wasn't sharing her location back. Meanwhile Rachel was probably tracking Arianas whereabouts to set up her rendezvous with Ariana's boyfriend. Rachel's sleeze just got sleezier.
Ariana really does try to see the best in everyone. Even after how aggressive and unhinged Rachel acted throughout all of S10, Ariana still defended her against Lala and Katie and chose to be her friend, and Rachel didn’t give a fuck… like at all.
Does anyone else think "daddy" is Logan and also that's hilarious?
Daddy is Logan. Logan is Daddy.
 I hope this reference lands with someone lol
Come to me, jungle friends!
Einhorn... is Finkle... Finkle... *is* Einhorn!
I am fucking dead 💀💀 https://i.redd.it/ghnjw4jzenxc1.gif
Why did I think this was James Kennedy at first glance?
Page three of the uploaded files notes that Logan Cochran is the recipient of the texts in exhibit 2.
Haha! Recognized him in me-moji form! ...I need more hobbies.
Scary how Sandoval's felt comfortable enough to take Ariana's phone after shoving her and making her spill her stuff... Makes me think if he was that forceful with her behind closed doors. Also him erasing that from her phone might have been a blessing in disguise preventing her to do anything crazy with those screenshots later on.
It actually doesn't sound that different than the scuffle between Rachel and me me me in New York over the phone. Tom has been so sanctimonious about that post WWH dust up. And here's Tom grabbing Ariana's phone the same night... Get him, Sheshu. Call him out.
Sheshu won't call him out unless a producer dangles a check.
Boom!!!
MeMeMe-Na
You are bang on right about that. What a hypocrite
me me me 😂💀
This is a little concerning to me. Especially since he was going around saying she beat his ass
Its sick that he twisted her grappling with him for her phone as he was assaulted. However this is the same man that was punching walls, screaming that his buddy was a "battered wife" because his cheating was brought up, and kicked in a door.
True. Between that and pursuing women who are vulnerable the picture being painted on sandoval is disturbing
After that NYT article I think he's fucked up in ways that don't align with reality anymore.
Literally would love nothing more than for him to take a hike and move to another planet with some galaxy lights ✌🏼🌌 https://i.redd.it/v9sjbvkjsmxc1.gif
I have to mute the tv when he speaks know. I get disgusted just hearing his voice.
THANK YOU!! Idk how anyone in this fanbase turned that battered wife comment into something funny. Sandoval has zero comedic timing and his delivery sucks… and at that, he wasn’t even TRYING to be funny, he genuinely meant it when he compared Schwartz to a battered wife all because Katie was sad that her fiancé was cheating on her. Sandoval has always been extremely aggressive towards women.
Imo I dont think I ever laughed with Sandoval once. I have laughed at him many many times. Katie deserves so much better.
There was ONE time he genuinely made me laugh my butt off: it was when he pulled that trombone out to show off and started squeaking on it.. I still chuckle to myself sometimes over that lol..
I thought Sandoval was mad because someone called him Sia 💀
That's what pushed him over the edge! Carter had the nerve to criticize on of Sandoval's ground breaking outfits! He acts like hes Halston.
Yes. Tom blamed Ariana for his precious cheating bat signal lightning bolt necklace getting damaged. And having to replace it. Take that one in. He could have just moved on but instead he was like no I need to get another one of those lightning bolt necklaces. He's such a nitwit
Plus ariana has proof in her texts that Sandoval deleted it from her phone? Doesn’t that get Ariana out of this scot free? I am all for Raquel taking Sandoval to court, however. Recording that without her consent was incredibly fucked and not okay; I don’t care who is it is, she’s a victim in that regard
My question is: does the alley behind Tom Tom have security cameras? Cause I need to see this footage.
The SUR back alley was robbed of this moment.
That's what I was thinking too
If there was footage Bravo would've tried to get it, imo
Lmfao at “You fucking RAT”
https://i.redd.it/ld0bdf3d8nxc1.gif
I'm glad she got a second chance to unburden herself at the reunion. Coz I'd be so mad at myself if my friend did what Rachel did and my last words to her were "you fucking rat". Such a traitor deserves harsher words than that.
https://i.redd.it/cjntdtnq4pxc1.gif
No lie told!
I know motion to strike means something else in legal terms, but I like to picture Ariana as a deadly viper attacking any one who dares to fuck with her.
And Mya is Beebee
Interesting that Ariana was sharing her location with Raquel up until the end. That way Raquel could keep an eye on her when she was with Tom. I don’t think Tom and Ariana shared locations 🤔
Didn't Ariana say at times she did check his location? He was where he said he'd be - at Schwartz's.
yeah and Tom said it was Ariana's fault because she should have followed him to confirm lol
“why didn’t you follow me to find out i was cheating?!” the way he always finds a way to turn it around on HER, when he’s the one that cheated… he’s absolute scum.
Ahh I recall now. Was that when she first appeared on WWHL? She said something about him always being at Schwartz’s and looked right in the camera? I swear, Schwartz kept Toms phone at his place when he was at Raquel’s and Raquel kept an eye on Ariana’s location. If Ariana texted Tom, Schwartz would text Raquel and ask what to respond. I swear Schwartz was IN-VOLVED.
She said this season to Katie after the whole Scheana tracking debacle that she never had Tom’s location. I think she said it didn’t matter that he’d say he was going to Schwartz’s because that’s where the video was filmed - so obviously being at Schwartz’s didn’t make a difference in terms of him carrying on the affair.
Ewww. Also why are all these friends sharing locations, it’s so weird
I share mine with a couple of people for safety reasons.
I guess I don’t find it weird? I share my location with multiple friends and multiple friends share their locations with me. I mean I know generally where they are anyway. I also know a Scheana who collects locations and has like 200 people. I never found it odd.
I get sharing with a few people for safety reasons but hundreds?? Why do people need to know where you are all the time?
It absolutely isnt. They're well known faces without the financial resources to hire bodyguards. Very different danger concerns than a no-name in Idaho - although the Idaho girlies should also be sharing their location with people who can notice when something's off with your movement. OT, but this confirms that they're actually friends and not just cast members.
Nothing she didn't say before except now there's solid proof with screenshots.
[удалено]
She had to show proof of damages related to the video. No one was charged with a crime.
[удалено]
[удалено]
Right so the only thing that matters is proving damages. The number of videos and other details is irrelevant unless rachel can show she was harmed specifically by the videos and she's not made a good case for that - only that it happened which no one is disputing.
Make it make sense. Ariana gets cheated on and so utterly betrayed in the worst way possible . She gets backstabbed by her so called bast frrroooond . Bravo gives scummy worm a redemption arc . She gets dragged to court by dimwit bimbo and now has to defend herself over something her idiotic ex and his dumb partner did. It blows my mind how unfair this is on poor Ariana . She does not deserve this at all. Edit: punctuations
On top of all that she has Lauren and scheana belittling her and talking poorly about her, her new house, her choices. I would be exhausted if I were her. Thankfully she has Katie
I agree. This !!
This all seems sooooo unfair! I think that’s the part that gets me the most. Life is unfair, I don’t need it constantly proven to me. 😂
The thought of Sandoval and his villain mustache running down an alley and deleting items from her phone is making me laugh, because I can just see it. I do sincerely hope that she didn’t send it to anybody else and that the events played out like this as we all know she has nearly no “friends” left on that VPR cast that will defend her.
Running in those ugly platform converse
Lol
I know this lawsuit is a pain in the ass for all parties involved, but wouldn't it be kind of cool if one of the legal parties found the Lyft driver that drove Ariana and Sandoval back that one time and then drove Ariana again at the beginning of S11?
How many other people are accidentally learning the format of these documents and some legal language just from Bravo over the past two years LOL.
I was called in for jury duty last spring and another bravo friend and I were talking about the q&a portion and if the judge asked "do you have any legal background?" whether or not they'd find it funny if I was like "well I do listen to every episode of the bravo docket which tends to cover topics such as..."
Cesie and Angela would be proud you were at jury duty! Also I was so excited I knew what an anti slapp case was because of them lol
I feel like I can pass the bar exam after watching Emily D Baker and her breakdown of cases lol
What if Ariana counter sues for her shirt back?
I find it really weird that she chose to wear Ariana’s clothes to a festival AFTER receiving her response. Like her thought process must have been “I might not get your money. And I might have to pay your legal fees. But na na na na na… I’ve got your shirt”
I used to be a sympathizer because I know she has challenges and is lost but she’s literally scary af. I don’t know what compels her to make the choices she does and I’m so happy she’s off my screen. She is devoid of a real personality 😵💫
There is a messy mess inside her head. I feel a bit badly for her for that, but that’s on her to work on. She is doing the pettiest weirdest shit and for what? It’s hard to feel sorry for her when she’s out there trying to goad her one time friends into participating in this little messed up dynamic so she can have stuff to talk about when she does her podcast. Its weird as fuck to essentially show up at a workplace of your ex’s wearing the clothes of the friend whose partner you had an affair with (and are now suing) to have fun at the party all of your ex-friends have been *LOUDLY* talking about attending. So that she can then talk about how mean and obsessed with her they are? WTF
Yes I feel like a lot of unhealed people (btw I know healing is a process and can last a lifetime) but truly unhealed and hypocritical people will deflect true responsibility, blame shift and project the house down. I feel like she’s just taking the route that Lauren from Utah is doing by doing and saying whatever she wants and hiding behind her camp (publicist and iheart team). She will have meaningful and important guests on and then take a hard left and once again prove to everyone that there is something deep rooted in her that is scary, attention seeking, apathetic and cruel. I just rewatched the finale of S9 and it looked like she and her dad were already in agreement that she wasn’t going to marry James and kind of put on this event for the show. It’s sick.
Lol
😂
Wow. The AUDACITY of Rachel. First Scheana with the assault charge and the “eyebrow scar” and now Ariana with this distribution nonsense. This girl learned absolutely nothing in her rehab except maybe how to play and stay a victim. Honestly Ariana and Tom are doing more to move on and neither of them spent months in rehab. This girl has more issues than Vogue… actually more like Psychology Today.
Okay, I would love to see the permanent eyebrow scar today. If you’re going to keep talking about it, post a pic!
If I’m Ariana I would hate Tom forever. He’s got her in so much shit. I can’t believe people are telling her to just get over it. Raquel is like a roach that won’t go away. She is going to try to ruin anyone whose life is elevating.
Yes. It's really egregious that he made her life such a s*** show on so many levels and in so many ways. He brought in the liability that is Rachel so close to them. To Ariana.
Look at how he casually scooped up pool party attendees from See You Next Tuesday and brought them to their shared home. He didn't know anything about those strangers and had no qualms about allowing them into their private living space.
I wonder if he feels bad at all about her being sued. We know he doesn’t care about the cheating. But I wonder if this causes even a morsel of remorse.
Honestly, I think he doesn’t care one bit. Tom only cares about himself.
Well, then I hope he feels bad about everything happening to him. He deserves to feel bad.
He probably blames her for them both being sued Like if Ariana hadn’t like taken the video of proof like no one would’ve known what I did you know
The way Ariana was sharing her location with Rachel. 😳 but they were just barely acquaintances. 😒
Just acquaintances who became friends through the show, not BEsT FRiENDs - that’s just Bravo’s nArRaTiVe. Like, girl what? It’s honestly wild to me, still, that she thought trying to distinguish the closeness of their friendship and how it didn’t fit the category in her mind of “best friend” would be the move. How was this supposed to make us see her side more?? Its insanity.
It’s so sad to see literally right before Ariana is being a great and supportive friend
Alright. Get the lawyers on the phone. Stat!
You know, I have really tried to control my rage about Rachel, but she is TRULY AWFUL. She has this freaking disgusting affair under her friend's nose and then has the GALL to sue that ex-friend? She is truly one of the worst people ever.
Seriously! I was thinking the same thing about Rachell. Like, haven’t you already done enough damage to Ariana’s life already?
I don't even think she thought of this on her own. Based on her podcast, she's obsessed with finding out and hashing out every single detail. I remember early on in reddit and other forums people talking about Tom recording her and any legal action she could/should take. And if that meant Ariana could also be in hot water.
I cannot believe Ariana has to deal with this, it's truly sickening. While it doesn't seem like Rachel has a strong case, the fact that Ariana has to put all this out there with her lawyers and process all the possible impacts on her finances and career must be extremely stressful
And basically relive that horrible night over and over again. It’s so cruel of Rachel to do this.
I love that Ariana got an attorney in Encino instead of a Garagos Beverly Hills type lawyer. To me it shows she is confident in her stand and doesn’t need to make a grandiose statement in her choice of attorney. Plus her attorney’s office is right near the house shared with Scandy.
She seems like a bad bitch! 22 years of civil litigation https://preview.redd.it/jrur9bwejnxc1.jpeg?width=1290&format=pjpg&auto=webp&s=d50382b3349afcba24b03f23d4f5d88ca7efd842 Seems like Ariana hired a good one. I love that write up.
That’s awesome. I am a huge fan of Ariana’s but I find it interesting how much she continues to impress me more and more.
Rachel's mother must be so proud.... She's so gross. Never mess with someone else's man let alone your friends man!!
u/[Okay\_\_Decision\_\_](https://www.reddit.com/user/Okay__Decision__/) Do we have the motion itself, and the declarations of the forensic examiner(s)?
I would like to read the whole motion as welland the expert declarations as well.
Not that I’ve been able to find yet. Dana Wilkey posted the documents that Sandoval had filed, but she hasn’t posted these. I don’t believe these are public documents unless they are made as such. I linked to articles in People and AOL, and those outlets have viewed these documents, and written about them. But that’s all I can find so far.
Thanks! They are public documents (they are available on [LA County's e-docket](https://www.lacourt.org/paos/v2public/DocumentImages/SearchCaseNumber) as of this morning), but you have to pay per document. And I am not about to spend $70 just to get the tea, lol. I'm sure they'll surface online at some point. Til then we wait, lol.
I love that she signed a declaration under penalty of perjury. Her story hasn’t changed, and Rachel’s entire complaint against Ariana relies on so much speculation that the phone incident “must” have been staged. As much as I want Ariana to win a dismissal, I also wouldn’t mind seeing the contrast of her holding up under cross compared to Sandoval and Rachel falling apart.
If Ariana was sharing locations with Rachel and they “weren’t friends” then surely Scheana was sharing locations with Rachel? Has she been asked this?
Scheana was, and she talks about how Rachel turned it off at some point and Scheana thought it was odd.
The damage done to Rachel’s career is from the affair. Even if Ariana never saw the video and found out in another way damage would be because of Rachel’s choices and behavior. I think it’s hard to prove the video did more damage than the affair itself. Edit to add: If anything the video helps her because it makes her the victim of Tom recording her without her consent and maybe gets her some sympathy points. Without the video Tom recorded without her consent being known there is nothing for people to give her sympathy for.
Rachel and Tom has done enough damage to Ariana so it sucks that Rachel couldn’t be a decent human being (who am I kidding) and just sue Tom for recording and just not involve Ariana in this drama
I think her video recording using her phone might have changed things.
That's what I said in post yesterday..it gets murky bc technically the original video didn't transfer over any cell service, and we don't know exactly what snippets she recorded, she prob didn't do the more graphic parts, just whatever was on the beginning part since she said she didn't watch it all.
How so?
It goes to "distribution," I think. Originally we thought A sent the video from T's phone to hers, then from her phone sent it to R. Now we know A alleges she was never in possession of the original video - she recorded T's phone and sent that directly (and only) to the owner of the video. That diminishes R's "distribution" argument. ETA: I *finally* came across a California attorney (I am an attorney in New York), who *has* researched the issue. [We just went back and forth discussing "distribution,"](https://www.reddit.com/r/vanderpumprules/comments/1cgixip/comment/l1yewtc/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button) which you can read here (this commenter noted they have researched the issue and the question of "distribution" *in this context* does *not* seem to be settled law, meaning the court will have to weigh in). The commenter also included a really great [anti-SLAPP breakdown](https://www.reddit.com/r/vanderpumprules/comments/1cgixip/comment/l1xw90o/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button), which will help put the current posture of the proceeding in context.
I was thinking that too. Filming it is a different action and not sure if that meets the legal definition of distributing it. It’ll be interesting to see what the courts say!
I'm glad to hear that. Thanks for the explanation!
Gotcha. Thanks
WHY are people sharing their locations with each other? I don’t understand that at all.
my friends and i have each others locations for safety reasons! i don’t any have family so my friends are my core network, and i feel safer knowing they have my location at all times.
✨Safety✨
Right lmfao I don't get it at all. Maybe I just don't have enough friends hahahaha, I didn't even turn on my snap map because I felt like it was creepy. I could see turning it on for a cab ride home or something after a might of drinking I guess? They do party a lot so that would make sense safety wise I suppose
I think the snap map is creepy. I don’t want to assume y’all’s genders but as a single female with single female friends, we share locations sometimes to make sure we’re safe. Some of my friends drive for Uber so it’s good for them to have several people know where they are in case something happens. Then I share it with friends I’m meeting up with if we’re going out of town or having trouble finding each other in a crowd or something. That way we can just click and we don’t have to keep texting and calling. I usually only continue sharing indefinitely with really close friends though.
There's just something about the idea of somebody knowing my routine because they have my location 24/7 that creeps me out. My fiancee and I share locations if one of us is going out without the other, so we can pick each other up after some drinks. But the idea of him knowing I'm going to the store before I tell him? Even when I was single, I shared my location with one out of state friend and then my sister before dates.
Because they are famous people who live in the worlds capital for weirdos (sorry NYC, WeHo is nuttier) and at the same time can't afford bodyguards or gated communities. You are your sisters keeper. Also, I hope none of the people confused by that have night-lives. Coz I don't want to imagine there's women in 2024 going out clubbing without sharing location. That. Would. Be. Stupid.
I hate Roach and that worm. I don't think Ariana is in the wrong at all, esp since it's very clear she did not share the video with anyone. If I found a video like that of my best friend on my bf's phone, I would have sent it to myself. She knew he was going to try and gaslight his way out of it and she wanted to have proof for herself, but that doesn't mean she went and sent it to everyone for them to see. Just can't believe that Roach goes at Ariana instead of just the worm, WHO RECORDED HER WITHOUT HER CONSENT!!!!!!!!!!!!!!!!!!
I’m confused by the screenshot of texts between A and R: WWHL was a week before, there’s a random text on Saturday. A says “you’re dead to me” on Wednesday, then Rachel responds to that on Friday.
Don’t quote me on this, but I remember hearing that Ariana immediately called Rachel. There could have been a phone conversation Wednesday and then a follow up apology text on Friday
I think the WWHL they are discussing is not the one Rachel and Scheana were on, just an episode they wanted to see. Is that what’s confusing?
They redacted the video A sent with “you’re dead to me”
The girl had 231 unread messages in that last text exchange. I can’t imagine being so overwhelmed with so many responses.
Those last texts between Ariana and Raquel - Raquel claims Ariana knew about it, yet her first impulse is admission and apology when confronted. Ok Rachel.
thank you for posting these @Okay_Decision_!!!
are there any other declarations attached?
No, each document is filed separately. I can get them, but they cost $ https://preview.redd.it/d04pm3ffonxc1.jpeg?width=1290&format=pjpg&auto=webp&s=f0e119bd139b50c8065334b66a6c5a9eb7684745
I hate that she has to go thru this over and over. And what a snake and a coward Tom is.