10 h 29 oct. 2012 ans - US: ASSAULT ECKERT v JD HEARING Motion To Strike Granted In Part

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Los Angeles Superior Court Judge Michael Johnson denied a motion by attorneys representing the 49-year-old Depp, the Hollywood Palladium management company and several security guard firms to only allow Robin Eckert to pursue her claims for compensatory damages.
“I think the allegations here are sufficient; whether they can be proved or not or whether they are exaggerated is a different matter,” Johnson said.

According to a tentative decision in advance of the hearing today, “As alleged, Plaintiff did nothing to warrant the conduct of Depp’s security guards who were controlled by the defendants, which must be taken as true at the pleading stage.”

Johnson goes onto say that Depp’s attorneys argue that security only intended to restrain her and keep her separated from Depp so as to protect him from a “potential out-of-control fan,” but at this stage of the case, those alleged facts can’t be considered.

If the case gets to trial, Eckert will only be able to recover punitive damages in her assault and battery case if she can prove intentional misconduct or gross negligence.

It wasn’t a complete victory for Eckert.

The judge has dismissed the possibility that Eckert can recover attorney’s fees because there aren’t any allegations that any of the defendants have been convicted of a felony. Since the judge has already denied a motion on attorney’s fees, he says it is a closed issue and won’t be considered in any amended complaint.

“The ruling only relates to a motion to strike the allegation,” says Marty Singer, Depp’s attorney. “There was no finding that she is entitled to punitive damages. This is a ridiculous suit against our client. After we prevail, we intend to pursue claims against the attorneys and the plaintiff for malicious prosecution.”

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