SAN DIEGO, Calif. — With millions of dollars potentially at stake for the operator of GirlsDoPorn, a San Diego Superior Court judge indicated in an opinion issued last night that the 22 models suing the company have demonstrated a likelihood of prevailing on their claims of fraud.
The models are seeking up to $2 million each, in addition to punitive damages, after claiming they were bamboozled into believing their adult scenes would remain anonymous.
While not a final ruling in the case, the opinion delivered last night involved several issues, including a preliminary injunction that was ordered restraining any transfer of assets of the San Diego adult company.
“Plaintiffs have demonstrated a likelihood of prevailing on their claims of misrepresentation, fraudulent concealment and fraudulent transfer,” San Diego Superior Court Judge Kevin Enright said in a memorandum.
“Evidence exists demonstrating the initial fraudulent inducement. There is evidence that this fraudulent scheme was concealed and that defendants are attempting to liquidate assets to avoid satisfying any eventual judgment.”
Enright, who is deciding the case in lieu of a jury, noted that if the GirlsDoPorn defendants are vindicated, the preliminary injunction can be immediately dissolved.
“Given this short duration, defendants will experience little, if any, harm if their assets are frozen,” said Enright, noting that the trail “will be completed shortly and a decision will render.”
The civil case against the amateur-themed online adult website has been going on for years. And as it’s winding down, a federal criminal case is just getting started.
Half a dozen individuals connected with GirlsDoPorn have been charged with sex trafficking or conspiracy to commit sex trafficking. Michael Pratt, owner of GirlsDoPorn, is described as a fugitive. Matthew Wolfe and Ruben Andre Garcia, both former key employees, are in custody. Also charged and released on bond are former videographer Theodore Gyi, former administrative assistant Valorie Moser and reference model Amberlyn Clark. All five have entered not guilty pleas in the criminal case.
In the civil case, plaintiffs’ counsel Ed Chapin asked Enright to award emotional distress damages ranging from $450,000 to $2 million per model, in addition to about 10 times that amount in punitive damages.
The 22 women said they had been tricked into believing their videos would be released only overseas on DVD. Instead, the models, paid about $4,000 for each scene, found them all over the web, including Pornhub.
In addition, they charge, their names and other personal data have been published on Porn Wikileaks, a website that doxed adult film performers.
Chapin said in closing arguments made last week that the GirlsDoPorn operation was “honed by the use of fake modeling ads, fake websites, fake names” and supported by “their paid shills.” He described the models’ contracts unenforceable because they were “intentionally deceptive.”
Enright’s order yesterday, which focused on a previously issued temporary restraining decision, grants a receiver “for the limited purpose of taking possession, custody, and control of defendants’ business assets, as well as revenues received from their payment processors.”
“The receiver is not appointed to operate the various companies, but instead will oversee and secure any existing and incoming assets of the various individuals and companies,” Enright said.
“Given the evidence of defendants’ past conduct (i.e., underlying fraudulent scheme and asset transfers to avoid liability), it is reasonable to infer defendants will seek to circumvent this court’s orders regarding preservation of their assets,” Enright said. “As a result, appointment of a receiver is necessary to effectuate this court’s preliminary injunction order.”
Enright’s order affects defendants Pratt, Garcia, Wolfe, BLL Media Inc., BLL Media Holdings LLC, Domi Publications LLC, EG Publications Inc., M1M Media LLC, Bubble Films Inc., Oh Well Media Ltd., Merro Media Inc., Merro Media Holdings LLC, Sidle Media Ltd., and their agents and representatives.
