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Courtney Love Fires Back in Twitter Libel Suit |
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Monday, 07 September 2009 |
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 Last week, Courtney Love filed a motion to strike the lawsuit brought against her by Austin-based fashion designer Dawn Simorangkir (a/k/a the "Boudoir Queen"). In her m0tion, Love invokes California's anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16), a law designed to deter frivolous lawsuits brought to discourage individuals and organizations from speaking out on public issues or controversies. Originally fashioned as protection for environmental groups sued by land developers over campaigns to galvanize the public and government regulators, the anti-SLAPP law is now understood to apply to a broad range of speech activities. If Love's motion is successful, it will apparently protect celebrity trash talking on Twitter. Simorangkir sued Love in March over statements made on Twitter, on Love's MySpace blog, and on Simorangkir's feedback page on etsy.com, an online marketplace for independent designers. In her complaint, Simorangkir alleged that, after their business relationship soured, Love used these online platforms to falsely accuse Simorangkir of lying, stealing, dealing drugs, assault, prostitution, and losing custody of her child, among other things. Many of Love's posts were grammatically challenged, and some were downright incomprehensible. Others, like this one posted to Twitter, were just totally bad ass: "oi vey don't fuck with my wardrobe or you willend [sic] up in a circle of [s]corched earth hunted til your dead . . . ." A force of nature indeed. Not to be outdone, Simorangkir fired back, speculating in her complaint that Love's rants must be the product of "a drug induced psychosis, a warped understanding of reality, or the belief that her money and fame allow her to disregard the law." But enough of this gossipy goodness, what about the law? Well, to win her anti-SLAPP motion, Love has to show that Simorangkir sued her for an "act in furtherance of [her] right of petition or free speech under the United States or California Constitution in connection with a public issue." Although people often use terms like "free speech" and "petition the government" loosely in popular speech, the anti-SLAPP law gives this phrase a particular legal meaning. In Love's case, the question comes down to whether her comments (1) were made in a public forum; and (2) related to an issue of public interest.
It's pretty well established that websites like MySpace, Twitter, and Etsy qualify as "public fora" under California law, so the real challenge for Love is proving that her statements relate to an issue of public interest. At first blush, you might doubt that a personal catfight between a celebrity and her fashion designer over "up-cycled" clothing could possibly meet this criterion, but Love's lawyer does a good job showing that this first impression might just be misleading.
For one thing, California cases say that information warning consumers about bad products or services often qualify as a matter of public interest. Keith Fink, Love's lawyer, cites this language from a pre-Internet case that foreshadowed nicely what you see today on consumer review websites like Yelp, Angie's list, and Section 230 poster child Rip-off Report:
Members of the public have recognized their roles as consumers and through concerted activities, both private and public, have attempted to improve their . . . positions vis-a-vis the [suppliers] and manufacturers of consumer goods. They clearly have an interest in matters which affect their roles as consumers, and peaceful activities, such as plaintiffs', which inform them about such matters are protected by the First Amendment.
Paradise Hills Assocs. v. Procel, 235 Cal. App. 3d 1528, 1544 (1991). True enough. And Mr. Fink does a valiant job arguing that Love is a consumer and that her online rants were really just warnings to other consumers not to do business with Simorangkir. This is convincing to a point, but I wonder whether some of the more damaging statements — those relating to Simorangkir's alleged criminal history and drug use, for example — properly fall into the category of "consumer warning."
Mr. Fink also rightly points out that matters involving a celebrity's personal life often constitute matters of public interest. Samantha Ronson found this out when she sued Perez Hilton for defamation in 2007. In granting Hilton's motion to strike under the California anti-SLAPP law, the court found that Mr. Lavandeira's statements related to a matter of public interest, in part because they pertained to Ronson's relationship with Lindsay Lohan. OK, but there's something a little odd about a celebrity like Love trying to use her own notoriety to turn every statement she makes into a matter of public interest. Recall that in Ronson's defamation case, Hilton was a third-party blogger commenting on Ronson's relationship with another celebrity. In the present case, Love made statements about her own failed business relationship with Simorangkir.
Still, it's not a bad argument; people are interested in what Courtney Love wears and in her wild antics. That's not to say every banal thing the public would like to hear about qualifies as a matter of public interest for purposes of the law, but courts often are hesitant to declare matters too trivial to be newsworthy, lest they become ill-equipped gatekeepers of the news that's fit to print. After grappling with the public forum/public interest question, Love's brief goes on to argue that Simorangkir cannot prevail on the merits, which is the second stage of the anti-SLAPP analysis. I don't have the time or space to comment on these arguments in any detail, but perhaps the most compelling — certainly the most brazen — argument is that Love lacked actual malice because she entertained no serious doubts about the factual accuracy of the statements she made. Oh snap! But if we're talking actual malice, this assumes that Simorangkir is a "public figure," which may be more difficult to show than showing that the statements themselves were of public interest. Then again, Simorangkir's prominence as a fashion designer might earn her that distinction. In any event, I'm not willing to put my money down on this one yet.
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New York Post: LOVE LASHES BACK IN LIBEL CASE |
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Monday, 24 August 2009 |
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Page Six (Richard Johnson. Corynne Steindler, Neel Shah) COURTNEY Love is striking back at Dawn Simorangkir, the Austin, Texas, fashion designer whom Love once called a "nasty lying hosebag thief" on Twitter.
Simorangkir, who runs the Boudoir Queen label, sued Kurt Cobain's widow for libel last May, after Love called the designer a prostitute and a drug addict on her Twitter and MySpace pages, as well as in the comments section of online marketplace Etsy.com. Simorangkir claimed Love slimed her because she charged Love for clothes the rocker thought she was getting for free.
This week, Love's lawyer filed a motion in LA Superior Court to toss Simorangkir's suit. Love claims in court papers that Simorangkir actually stole two bags of clothing from her while visiting Love at the Chateau Marmont, and sold off to third parties "hundreds of thousands of dollars" worth of raw materials Love had provided her.
Love claims Simorangkir "repeatedly" asked her to "partake in and procure cocaine" with her, and that she told Love she'd once worked as a call girl in California.
Love's lawyer, Keith Fink, defended Love's online rants to Page Six, saying, "Alternative mediums such as Twitter and personal Web blogs enjoy the same First Amendment protection as do newspapers, television and radio. It is important that this cherished right not be marginalized when speech is communicated via the Internet. Ms. Cobain enjoys using Twitter and expressing her views . . . to her fans and those who are interested in following what she has to say."
A lawyer for Simorangkir told us, "If you know Courtney, you know what's going on here. It certainly doesn't behoove her to engage in a credibility battle. Quite frankly, I cannot wait to get this case in front of a jury. This motion is a loser. |
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Courtney Love Cobain files Special Motion to Strike - SLAPP against designer. |
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Monday, 24 August 2009 |
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Exclusive - Courtney Love Cobain files Special Motion to Strike - SLAPP against designer. 
Keith Fink, attorney for Courtney Love, has filed a Special motion to Strike, known as a SLAPP suit in California against Dawn Simorangkir a designer who sued Courtney in March 2009. Fink explained, “The anti-SLAPP statute which is the basis for the motion filed by Ms. Cobain was enacted to dispense with lawsuits where the conduct that gives rise to the lawsuit is based on the rights to free speech or petition.” The lawsuit against Courtney hinges on Courtney’s right to free speech. Courtney used her myspace and twitter accounts to warn fellow celebrities, the public and customers about Simorangkir’s pattern of bad faith conduct. Fink continued, “Ms. Cobain enjoys communicating with her fans and the public through the internet. Many people communicate with her through her blog on myspace and in real time via twitter. Ms. Simorangkir’s lawsuit is based entirely on her displeasure with Ms. Cobain informing the public that as consumer she found Ms. Simorangkir’s business practices to be illegal.” Fink said that the suit “strikes at the very heart of what the First Amendment protects.” He also explained that Courtney would be filing her own complaint against Simorangkir. “Our complaint against Ms. Simorangkir is for overcharging Ms. Cobain, not returning Ms. Cobain’s garments and other unfair business practices.” Courtney had initially hired Simorangkir to refashion and design clothing from Courtney’s extensive closet full of expensive one-of-a-kind pieces of vintage clothing that she has been collecting for decades. The clothing would be “re-worked” or “up-cycled” and mixed with new and different textiles to form an unusual and unique design. Courtney agreed to give Simorangkir bags of clothing and textiles for her to design with and that any unused clothing and materials would be returned. After some time Courtney received an invoice for the first pieces designed by Simorangkir and the amounts were higher than originally agreed. Instead of returning Courtney’s clothing and reworking the invoice, Simorangkir threatened to keep all of Courtney’s items unless she paid. Courtney later found out that Simorangkir sold the designs that Courtney had given Simorangkir the raw materials for, and were to be her own her commissioned designs, to third parties. Courtney chose to warn the public about Simorangkir, and that is when Courtney was sued. Link |
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Local business owner accuses Sheriff’s Dept. of wrongdoing |
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Friday, 21 August 2009 |
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Judge Orders Lawyer Removed as Defendant in Suit by Actor Jon Voight |
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Friday, 21 August 2009 |
 By BILL HETHERMAN
LOS ANGELES (CNS) - Jon Voight lost a round in court today when a judge removed one of three lawyers for two New Zealand film producers as a defendant in a case in which the actor alleges he and his manager's parents were the victims of extortion. Santa Monica Superior Court Judge Elizabeth Grimes described the case as ``thread-bare'' as she granted attorney Peter J. Anderson's dismissal motion, said Anderson's lawyer, David J. Wilson. ``We're very pleased with the ruling,'' Wilson said. ``I talked to Peter and he said he also was happy with the result.'' Wilson said he was especially satisfied in getting Anderson dismissed from the case less than three months after it was filed. Anderson only represented the producers, Paul and Mark Huljich, for a short time, he said. Voight, along with Hank and Dorothy Paul, alleged in a complaint filed May 28 in Santa Monica Superior Court that Daybreak Pacific Ltd., the Huljiches and their lawyers had no reasonable grounds for suing the trio on fraud and breach of contract allegations in U.S. District Court in February 2006 and asking for millions of dollars. The lawyers for the moviemakers all filed motions to dismiss the parts of the case against them on grounds it was brought to keep their clients from enforcing a $630,000 judgment they won June 26 against co-defendants of Voight and the Pauls in the federal case. The 70-year-old actor had countered in a sworn declaration in opposition to the dismissal motions that he has been a victim of an abuse of the legal system and that his current case should be allowed to move forward. The Pauls, who are in their 70s, are the parents of his manager, Steven Paul. ``It is clear to me that the only reason I was named as a defendant in the (federal) action was for an improper and illegal purpose of leveraging -- i.e., extorting -- a settlement,'' Voight says in the declaration. ``Even if a settlement could not be so secured ... the defendants ... knew at all times how close Steven Paul was, and is, to (himself and Paul's parents) and the substantial pain it caused ...'' Voight contends the allegations against him in the federal case were unsupported by evidence. ``No one could reasonably have thought the claims were tenable against me in the (federal) action,'' Voight said in his declaration. Joe Hariton, a lawyer for Voight and the Pauls, did not immediately return a call for comment on today's ruling. According to the current suit, Voight and the elder Pauls won dismissal of all allegations against them in the Daybreak Pacific federal suit. Lawyers David Rose and Petty Tsay remain as co-defendants with the Huljiches in the Superior Court suit. They allege Voight and the elder Pauls are the ones misusing the courts. Tsay's lawyer, Keith A. Fink, said he was happy with today's ruling and noted that similar dismissal motions on behalf of his client, as well as Rose, are set to be heard later this month. ``The complaint filed by Mr. Voight was frivolous and no facts exist to show any of the Huljich lawyers litigated this case without probable cause or (with) malice,'' Fink said. ``The ruling today, which I expect will be the same for all defendants, underscores an instance where the (dismissal) statute benefits the legal process.'' Fink said Tsay ``should not have been subjected to this suit and that the statute ``wisely allows for these cases to be disposed of. So in the end, this lawsuit backfired against Mr. Voight.'' According to court papers Fink filed on behalf of Tsay, the Voight-Paul suit ``is nothing but an act of extortion designed to coerce (the defendants) from enforcing the $630,000 judgment.'' The Tsay papers also allege Voight was not forthright with the film producers in the earlier case. ``Specifically, the deposition of Jon Voight presented evidence that he made affirmative misrepresentations as to facts he knew were untrue...,'' the Tsay court papers state, alleging he did not disclose he was a party with all three Pauls in previous lawsuits. The Huljiches would not have made investments in film projects with Steven Paul but for Voight's assertions that ``members of the Paul family were honorable, trustworthy people of integrity,'' according to Tsay's court papers. |
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rPulse: Courtney Love was never served |
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Sunday, 09 August 2009 |
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 Courtney Love was never served says Atty Keith Fink
Courtney Love, 45, who formerly fronted the band Hole, was married to Cobain from 1991 until the singer’s suicide in 1994. She was sued by Dawn Simorangker for “using Twitter to disseminate malicious libel.” The merits of the lawsuit will not be in question until proof of service has been established.
The hearing on Love’s challenge to the validity of the claim of service is scheduled for Aug. 17 before Judge Aurelio Munoz.
Courtney Love’s lawyer, Keith Fink, says, “she was not personally handed a libel lawsuit filed by her onetime fashion designer while the singer was sunbathing topless, contradicting the sworn statement of a process server.”
The process server, Yvonne Thomson, says she served Love two months ago and is absolutely sure it was her, but Love’s lawyer Fink, rejects the assertion. “The process server’s certainty she served Ms. Cobain is as credible as Rafael Palmeiro’s insistence before Congress that he did not take steroids,” said attorney Keith A. Fink.
It may be hard to prove Courney was served since she was not living at the address where Thomson said she served her.
Courtney denies in her own sworn declaration that she lived at the St. Ives Drive address when the process server claims to have brought the legal papers. “I have not and have never been personally served with the summons and complaint in this action,” Courtney stated. “I have not lived at the St. Ives address since approximately May 13…”
Love denies in her own sworn declaration that she lived at the St. Ives Drive address when the process server claims to have brought the legal papers. "I have not and have never been personally served with the summons and complaint in this action,'' Love stated. "I have not lived at the St. Ives address since approximately May 13...'' Love says she moved after that date to the Chateau Marmont hotel in West Hollywood. Fink said that the St. Ives Drive home was a place the singer had rented in the past. The lawyer said he is preparing to file a motion to dismiss Simorangkir's suit and bring a countersuit against the plaintiff for breach of contract. It will allege that the designer sold Love's clothes without permission. A hearing on Love's challenge to the validity of the claim of service is scheduled for Aug. 17 before Judge Aurelio Munoz.Courtney says that she moved to the Chateau Marmont hotel in West Hollywood. And Fink further explained that the St. Ives Drive home was a place the singer had rented in the past.
In court papers filed Monday by Simorangkir, the process server, Thomson states she gave copies of a summons and Simorangkir’s complaint to Love at a Hollywood Hills home on June 7. Love was lying on a lawn chair at about 2:50 p.m. with her bikini top pulled down when Thomson approached her, according to the process server’s declaration.
Thomson says that when she called Love by name, the singer replied by “opening up her eyes, pulling up her bikini top and saying, ’Yeah?”’ The process server says she then handed Love the legal papers, told her “You’ve been served” and walked away.
“I am certain … that the woman was Ms. Love,” Thomson stated, saying she recognized the singer from seeing her on television, the Internet and in magazines.
This dispute began when Courtney hired Simorangkir to create clothing for her and flew her out to Los Angeles, but then balked when she was invoiced for the designer’s work in February and March, according to the lawsuit.
When Simorangkir suspended her work for Love, according to the court documents, the singer began “exhibiting an intense level of animosity towards Simorangkir that has gone well beyond what any reasonable person would consider acceptable behavior.” According to Dawn Simorangkir’s suit, filed in Los Angeles Superior Court on March 26, Love used Twitter to disseminate malicious libel as part of “an obsessive and delusional crusade’‘ against the entertainer. Simorangkir also claims Love, widow of Nirvana frontman Kurt Cobain, defamed her on MySpace.
Fink said that “he is preparing to file a motion to dismiss Simorangkir’s suit and bring a countersuit against the plaintiff for breach of contract. It will allege that the designer sold Love’s clothes without permission.” Link |
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Restaurant Squabble: Lawyer for Ex-Madonna Flame Seeks Woman's Business Financial Records |
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Monday, 15 June 2009 |
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Restaurant Squabble: Lawyer for Ex-Madonna Flame Seeks Woman's Business Financial Records
LOS ANGELES (CNS) - A lawyer for a former boyfriend of Madonna today chastised a West Hollywood businesswoman who he alleges may have used his client's money from a $600,000 loan for reasons outside their original agreement. The attorney, Keith A. Fink, filed court papers Monday seeking a review of financial documents from three of four businesses Sandy Sachs co-owns with Robin Gans to see whether Chris Paciello's funds were used only for improvements at the Murano restaurant as he intended. Paciello dated Madonna in the early 1990s. He also has been romantically linked to actresses Jennifer Lopez and Sofia Vergara, former MTV host Daisy Fuentes and models Niki Taylor and Naomi Campbell. Sachs and Gans are long-time stalwarts of the West Hollywood gay business community. Valerie F. Horn, Sachs' attorney, maintains in her court papers that the request for the documents is too extensive and is an invasion of her client's privacy. So, Fink is asking a judge to rule in Paciello's favor and a hearing is scheduled July 13. "The explanation is simple: Ms. Sachs is trying to hide the financial records of her other establishments because she knows she (allegedly) diverted the money Mr. Paciello loaned Murano to these other places,'' Fink said. Sachs' other restaurants are The Factory nightclub, Girl Bar and the Fitness Factory gym. "It is alleged and believed by Mr. Paciello that Ms. Sachs ... has used the proceeds of the loan made to her by Mr. Paciello towards the operations of those entities without his consent,'' Fink's court papers state. Horn was not immediately available for comment. Sachs and Gans started the litigation between themselves and Paciello with a lawsuit filed Dec. 26. According to the women's court papers, Paciello -- whose real name is Christian Ludwigsen -- told them last June that he was interested in investing $600,000 in the restaurant, Murano, in exchange for receiving 50 percent of the company's common stock. A snag occurred when Sachs and Gans learned that as a convicted felon, Paciello could not own stock in their enterprise because of California Department of Alcoholic Beverage Control licensing rules, their suit states. Paciello spent seven years in prison after pleading guilty to murder and armed robbery in October 2000 for being the getaway driver in a home-invasion robbery in which Staten Island, N.Y. housewife Judith Shemtov was shot to death by a Paciello cohort in 1993. Finally, Paciello verbally agreed to lend Gans and Sachs the $600,000 if they agreed to remodel Murano and re-open by Labor Day with a chef picked by him, according to the plaintiffs. "(Paciello) promised to bring such entertainment clientele into the restaurant such as Madonna, Jennifer Lopez and and Leonardo DiCaprio'' and that (Murano) "would become the hot spot in Los Angeles,'' the suit states. Although Gans and Sachs completed the improvements, Paciello only loaned them $350,240, claiming he could not provide the rest because he was "broke,'' according to their court papers. Paciello, 37, filed his own lawsuit Jan. 15 in Los Angeles Superior Court against Sachs, Gans and their business venture, Murano Ristorante Partners Inc. The complaint has been consolidated with the Sachs-Gans suit. Paciello alleges 11 causes of action, including fraud and deceit, breach of a written contract and both intentional and negligent misrepresentation. Paciello's suit states that he provided the women with two-thirds of the $600,000 loan -- $400,000 -- and that they promised to make him the "front man'' at Murano with a management fee distribution of half of Murano's profits. Instead, Sachs "exerted control over every aspect of the restaurant, most of the time detrimentally interfering with management and operation,'' he alleges. Paciello has not been repaid the $400,000, according to his suit. Paciello is a former owner of the nightclubs Liquid and Bar Room in the South Beach area of Miami Beach, Fla. |
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Monday, 15 June 2009 |
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Playmate's Response
SANTA MONICA (CNS) - An attorney for reigning Playboy Playmate of the Year Ida Ljungqvist has fired back at the woman who alleges in a lawsuit that the centerfold teamed up with the plaintiff's estranged husband to take child support from her children. In court papers filed in Santa Monica Superior Court, Ljungqvist's lawyer, Keith A. Fink, states that Katrina Kantner's accusations are untrue and "have caused irreparable harm to Ljungqvist's long-standing charity work and fund-raising efforts, which (she) started years before she became a Playboy playmate.'' Kantner filed the lawsuit May 28. She alleges her husband, Doug Kantner, has given Ljungqvist more than $90,000 in cash and gifts while failing to honor his obligation to pay her $10,000 a month in child and spousal support. However, Fink said his client has not "engaged in any kind of amorous relationship with Doug Kantner'' and that she is being targeted because she is a celebrity. "All the allegations in the complaint are false and spun from whole cloth,'' Fink said. "Ms. Ljungqvist never received any monetary gifts from Mr. Kantner not did she use his credit card. The case will be blown out of court quickly.'' Ljungqvist, 27, has raised funds for charities that help malnourished children and provide medical care to HIV-positive children in Tanzania, where she was born, Fink said. Last year, Ljungqvist -- the first African-born playmate -- was involved in a custody dispute with her then-husband, Joshua Lang, concerning their Chihuahua named Bonnie. He asked a judge to order Ljungqvist return the pet to him or allow him visitation, but she countered that Lang gave the dog to her as a gift.
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Ida Ljungqvist (2009 Playboy Playmate) turns to Keith Fink to Defend against unjust attack |
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Saturday, 13 June 2009 |
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Ida Ljungqvist 2009 Playboy Playmate turns to Keith Fink to Defend against unjust attack by Wife in Divorce Battle.  On May 3, 2009, Ida Ljungqvist received the honor from Hugh Hefner of becoming the 2009 Playboy Playmate of the year. Within weeks of receiving this honor, Ms. Ljundgqvist was drawn into a heated divorce battle by Katrina Kantner, who is divorcing her husband Doug Kantner, in Ohio.
Mrs. Kantner has publicly accused Ida of conspiring with Katrina’s husband Doug, to steal money from their marital estate and the Kantner’s own children.
Ida’s Attorney Keith Fink explained to me, “All of the allegations are pure fiction. Ida never has had anything but a platonic relationship relationship with Mr. Kantner and has never received a single gift of money from him nor incurred charges on his credit card.”
Fink continued, “What is most infuriating is the false allegations made in the complaint that are intended to inflame the public against Mr. Kantner and Ms. Ljungqvist by stating ‘the Kantner children are being hurt by a diversion of money’. I am upset that these outrageous allegations will besmirch Ms. Ljungqvist good name and reputation and as a result may damage her long standing charity work and fund raising efforts which she has been doing years before she was a Playmate. I have always believed like Frost, that ‘a lie spreads half way round the world before the truth catches up with it.’ “
Fink elaborated on Ida’s deep commitment to charity work: “Ms. Ljungqvist has used her celebrity status as a Playmate and now as the 2009 Playmate of the Year for the betterment of those less fortunate. She has helped raise funds for charities and benevolent organizations that develop and provide supplements for severely malnourished children worldwide, an orphanage in Africa, a scholarship program that directly funds K-12 education and medical care for HIV positive children in Tanzania, and an HIV cure research program.”
Mrs. Kantner chose to disparage Ida, purely because she is a high-profile celebrity who met her husband Mr. Kantner through his business affiliation as a client of Playboy.
Ms. Ljungqvist met Mr. Kantner at Playboy Party’s and has been hired by Mr. Kantner as a professional host at trade shows for his business. Ms. Ljungqvist considers Mr. Kantner a business acquaintance and friend. The false lurid allegations are a desperate attempt to to extort monies in the pending divorce proceedings.
Mrs. Kantner and her children are far from starving and continue to live an opulent life. Mrs. Kantner has a cook, maid and gardener to care for her home, and recently vacationed in Cancun, Mexico.
Fink concluded, “we live in an age where many people reach conclusions based on what appears as the first google search article. An entirely baseless complaint like this instant one may lead someone who simply reads the unconfirmed first story that covers this specious suit and decide not to contribute to a charity that Ida sponsors. He continued, “That really is a tragedy given the amazing eleemosynary endeavors she is involved in. Ida as the 50th Playmate of the Year will continue to use this honor to better the lives of others. As for this lawsuit she will take no prisoners. After she prevails in this litigation we will sue Ms. Kantner and her attorney for this malicious lawsuit”
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