LOS ANGELES (CNS) - One of multiple women who have made civil suit sexual allegations against "Scrubs" writer and producer Eric Weinberg will have to shore up her lawsuit against the producer and his company in order for it to move forward, a judge has ruled.
Los Angeles Superior Court Judge Cherol J. Nellon heard arguments on April 19 regarding a defense motion to dismiss plaintiff I.J.'s case, then ruled on Tuesday, giving the plaintiff's lawyers 30 days to file an amended lawsuit. The judge said the current complaint needs more details on how I.J.'s case does not violate the statute of limitations given that her allegations date back to 1998.
I.J.'s attorneys maintained the plaintiff's claims were "revived" by the Sexual Abuse and Cover Up Accountability Act, which provides that any claim seeking to recover damages suffered as a result of a sexual assault is revived if the plaintiff makes specific allegations. But the judge said the complaint needs more clarifications and that the details do not comply with the requirement for revival.
"As currently pled, plaintiff's complaint is missing facts necessary to allow revival or estoppel to apply to her claims," the judge wrote. "Plaintiff must do more than make vague, conclusory statements."
I.J. alleges Weinberg and his company "engaged in a coverup of previous instances of sexual assault by Weinberg, including by threatening victims, including plaintiff I.J."
But according to the judge, "there are no other specific instances mentioned, nor any other discussion of a coverup."
I.J. alleges Weinberg lured her to his residence in March 1998 and sexually assaulted her. Weinberg had offered to take professional head shots for I.J. after introducing himself as a Hollywood writer and photographer, the suit state.
But once he had her alone and "trapped" on his property, Weinberg took off his clothes, demanded that I.J. take off her clothes, sexually abused her and then forced her to remain nude and pose for a series of outdoor photographs before threatening to hurt her and her child if she ever told anyone, according to the suit.
I.J. alleges Guitar and Pen Productions, Inc. aided and abetted Weinberg's abuses.
Weinberg, 62, is also facing criminal charges involving various women. His other credits include "Politically Incorrect with Bill Maher," "Californication" and "American Dad."
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