Today an LA Superior Court judge ruled that the producers of the Cinemax late night series Femme Fatales can seek more than $85,000 from an actress for violating the “express terms of the Nudity Rider” in her contract.

Producer True Crime has “provided ample evidence that it will prevail” in its counterclaims against Anne Lee Green said Judge Barbara Scheper Monday. The Judge also wrote that Green could not claim that she wasn’t aware of the explicit expectations of the soft-core Femme Fatales “Jailbreak” episode, especially as the Saw 3D: The Final Chapter actress had tried on three separate occasions on be on the series. “Prior to each audition she received a preview video and copies of the script reflecting that the show was adult-targeted and that the principal cast members would appear partially nude and appear in simulated sex acts,” said Judge Scheper in her ruling after a hearing in downtown LA today.

The breach of contract counterclaim filed in late March by True Crime (read it here) is also not a retaliatory response to Greene’s initial suit first filed in December 2012, added the judge. Today’s ruling rejected the actress’ motion to strike portions of the complaint, to which she replied herself earlier this month (read it here). Originally set to start this June, the case is now scheduled to go to trial on February 17, 2105.

In her 2012 suit against True Crime and HBO/Cinemax parent company Time Warner, Greene, who went by Anne G Image (2) Cinemax-logo-2011b110901002808-275x96.png for post 392592in court docs, said that she was “blindsided” by scripts for the Season 2 episode that called on her to “simulate sexual intercourse” and “appear nude but for pasties on her nipples and a sticker on her private parts.” Greene sought unspecified damages for physical and emotional distress and “general damages for pain and suffering to be determined at the time of trial” Calling her suit a “series of fabrications,” in their counterclaim, True Claim said that they did everything they could to accommodate Greene when she announced during shooting on the episode that she would not perform nude as her contract required.The production company’s filing also revealed that HBO/Cinemax has a no pasties policy for sex scenes. Which is why part of the True Crimes’ accommodations for Greene involved incurring “additional expenses above and beyond the amount budgeted for the episode” such as bringing in body doubles and adding shooting days. The “Jailbreak” episode aired on July 13, 2012.

True Crime is represented by Harrison Dossick and Christine Smith of LA’s Reed Smith LLP firm. Keith Fink, Sarah Hernandez and Olaf Muller of LA’s Fink & Steinberg are representing Greene