Round 1 of the Storage Wars legal battle looks to have gone to A&E. In a hearing today, a judge threw out the unfair business practices claims of the series former star Dave Hester’s wide-ranging lawsuit against the network and producers of the reality show. LA Superior Court judge Michael Johnson ruled that the claim fell short under California’s anti-SLAPP law. The Judge also sided with the defendants that their First Amendment rights would be violated if he were to agree to Hester’s attorneys’ request for an injunction against Storage Wars for alleged staging of the show.
A&E had requested that the unfair business practices claim be striped from the five-claim suit and their Constitutional rights affirmed in their January 28 response to Hester’s initial December 11 complaint. Johnson told the downtown hearing that in granting the requested injunction he would essentially be telling A&E what they could and could not programming on their network, something he did not agree was right or warranted. Additionally, he demanded more information on the wrongful termination aspect of Hester’s complaint for the suit to progress in the courts. Hester and his lawyer Marty Singer now have 20 days to amend their initial complaint. (more…)