A judge has given a woman 20 days to file an amended complaint against Tommy Lee over an alleged sexual assault in a helicopter.
It comes after a woman, identified only as Jane Doe, claimed in a lawsuit last December that the Mötley Crüe drummer assaulted her in 2003, having lured her to his personal helicopter “under false pretences”.
In the filing, she claimed that went on a 40-minute trip from San Diego to Van Nuys with Lee’s personal helicopter pilot David Martz before Lee joined them when they landed.
She went on to allege that the two men “consumed several alcoholic beverages, smoked marijuana, and snorted cocaine” before Lee “then proceeded to sexually assault [her] by forcibly groping, kissing, penetrating her with his fingers, and attempting to force her to perform oral copulation.”
As a result of the alleged assault, Doe said she had suffered severe emotional, physical, and psychological distress and that she didn t report it because she believed it was an isolated event and that police wouldn t take her seriously.
Yesterday (May 6), Los Angeles County Superior Court Judge Holly J. Fujie sided with Lee after the drummer’s lawyer argued that the claims didn t qualify for revival under the law the Jane Doe plaintiff used when she filed her original lawsuit, reports Rolling Stone.
The law, known as the Sexual Abuse and Cover Up Accountability Act, requires that plaintiffs show that some type of legal entity engaged in a cooperative effort to hide evidence of their alleged sexual assault.
Lee s lawyer A. Sasha Frid argued that Jane Doe wrote in her initial complaint that Lee was already famous for his salacious and hedonistic conduct at the time of the alleged helicopter attack. That would obviate any ability for a coverup. You can t have a coverup when the plaintiff alleges that this alleged ˜salacious conduct was known to everybody, Frid argued.
Los Angeles County Superior Court Judge Holly J. Fujie provisionally dismissed all four causes of action in the lawsuit “ sexual assault, gender violence, intentional infliction of emotional distress and negligence “ pending the submission of a new complaint.
The judge also said that the plaintiff failed to assert facts to support the ˜coverup requirement.
The plaintiff is seeking an unspecified amount in damages.
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