Scandoval Lawsuit. Ariana Madix wants it dismissed. Tom Sandoval blames Rachel. Emily Show Ep 274
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- Опубліковано 9 лип 2024
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The co-stars of Vaderpump Rules; Ariana Madix and Tom Sandoval respond to Rachel Leviss' lawsuit against them. Ariana Madix filed an Anti-SLAPP motion requesting the whole claim against her be thrown out and her attorney's fees paid. Ariana states that she never distributed the video to anyone. Ariana states that she recorded a clip of the video from Tom's phone and sent it to Rachel with a text, "you are DEAD TO ME" Tom Sandoval filed a Demurrer to Complaint and Motion to Strike. His attorneys claim that the video file he obtained was created by Rachel and sent to Tom by her. Rachel Leviss' attorney put out a statement stating that she never created and sent the video to Tom Sandoval and Ariana's account of how she discovered the relationship is false. Rachel said that she will continue to pursue the lawsuit.
RESOURCES
Rachel Leviss Sues Ariana Madix & Tom Sandoval - • Ariana Madix, Tom Sand...
THE DOCKET
0:00 Welcome
1:25 Intro
1:47 Road So Far
8:20 Law Nerd App - lawnerdapp.com
8:45 Ariana Madix's Anti-SLAPP Motion
25:58 Ariana Madix's Declaration
32:07 Tom Sandoval's Responses
39:03 Rachel Leviss' Attorney Statement
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Thank you for making this a separate thing so I can watch it 😃❤️
Why didn’t Rachel just file a criminal lawsuit if she thinks revenge porn actually happened? Ariana already offered up her phone records to prove she didn’t share it. So…what’s your end game here, Rach?
I don't know why she didn't make a police report when she was deciding to get the restraining order against Scheana.
If you don't have a LEGAL marriage. You better get all kinds of legal paperwork done for EVERY. SINGLE. ASSET. that is tied financially to both parties. It's cheaper to get married with a pre-nup...
Items purchased individually by cohabitating partners remain personal property of the individual, and are not subject to division, whereas items purchased individually by married or registered domestic partners become community property, and are subject to division, as I understand the law (NAL). So, isn’t Ariana better off *because* they aren’t married?
Thrusting the vicissitudes?? Thrusting the vicissitudes?? I can't.
It was such a choice.....
I've been waiting for Emily's explanation!!!!
Sunday night I took my son to a St Louis Cardinals baseball game and lo and behold, Tom Sandoval was there! Definitely wasn’t on my Bingo card!
Fingers crossed you'll be spilling the tea for the judge, would be epic 😊 thank you for covering this ❤!
Love when you do entertainment lawsuits. I first started watching EDB when she broke down the Erica Jane stuff and divorce.
I started during the Tati Westbrook lawsuits. I used to love watching beauty UA-cam, but it got boring after a while and then LawTube became my favorite entertainment! And I love reality TV, especially RH and VR, so the crossover was inevitable 🤣
Thank you for covering this! 😊
Thank you Emily, I've been wanting to hear your take on this. And yes, compared to the heavy things you've been covering lately this was a nice change of pace.
36:42 I’m no lawyer. But this sounds like word play to me. She “filmed herself” live. Tom recorded it as the live was happening. Sounds like he is trying to make the words play into his favor here
That’s how I (also not a lawyer) understand it too. It sounds like he’s saying that “filming” and “publishing” were done by participating in the video call itself. Not that Rachel recorded something and sent it to him.
I'm here for scandaval tea... . While time
builds up . To watch the trial at 1.5 speed... haha..
Same!
I’d love a Katie/Ariana spin-off!!
How boring that would be? Who would Katie spend all her time judging , criticizing and complaining about?
Eventually Ariana.
Agreed. And watch Ariana walk around all day like she’s better than everyone.
I'm convinced Ariana and Katie haters simply cannot READ PEOPLE and probably have zero self awareness. You cannot convince me otherwise.
That would be so boring. Katie and ariana are sooo boring. Katie is a big judgmental bully and ariana never had a storyline before Tom and Rachel's affair...
I’d love that too! I’ve always liked them both but in this last season I LOVE them! Its that magical glow up after leaving a life sucking partner 😂 I doubt Bravo will do it but I hope someone does!
Oh booooy!!! I’m so stoked for this!!!
My mom just drug me to see that Sandoval guy in “concert”. I don’t know what happened and I left so confused. 😅
I read that first sentence as something else and was sooo confused/outraged for you lololol
😂😂😂
Lol @@eh1126
ok my thoughts on Tom’s lawyer response: (personally i think Tom is a scumbag- this commentary is strickly about lawyering)
what i think Tom’s lawyer is arguing is not that Rachel recorded the video then sent. But thatshe simply broadcasted the video through Facetime to Tom. Now if Tom saved the video and never personally distributed it and just kept it to his own depraved solo acts well she didnt necessarly have any right of privacy beyond the two consenting parties involved in original said “facetime broadcast”. they were also teo consenting adults in an illicet affair. i think Tom and Arianna’s cases should be thrown out. If facetime video recording that is never disseminated is revenge porn…. then laws should be changed to reflect that.
Also kids a lesson my mom taight me as a kid “never put in writting what you would never want someone you don’t want to read.” same goes with nudes and vids today- just sayin … words to live by.
facetime tells you if someone screenshots/screen records…
It would be like a novel if you were the one who explained Scandoval or any other reality tea to a judge in a case. Beautiful.
When I watched, way back when, Sandoval was cheating on Kristen(?) with Ariana. I remember that Sandoval was with someone else when he cheated with Kristen. The dude cheats. He was not built for monogamy.
And he cheated on Ariana with Miami girl.
Let us not forget that Ariana participated, even though she clearly knew Kristin and Tom had been together over 7 years.
She lost him like she got him.
Ariana has always denied she cheated with Sandoval. She said they kissed in a pool in Vegas, which happened 3 years prior to filming season 2 in 2013, according to Sandoval (so nearly a decade and a half ago). Ariana said she was told by Sandoval that he was in the process of ending a relationship at the time, which Sandoval confirmed and elaborated that the kiss occurred after he learned of Kristen’s 3 month long affair with a SUR co-worker (years before her affair with cast mate Jax), which Sandoval stated during one of the finale episodes, and was reiterated in a 2023 US Weekly article. Ariana has always maintained that the unsubstantiated allegation of an affair between herself and Sandoval was pushed by Kristen to shift scrutiny away from herself (scrutiny due to Kristen’s affair with Jax, the partner of former cast mate and close friend, Stassi), and a storyline favored by production. Kristen has stated that she never found evidence of an affair between Ariana and Tom, in spite of having access to Sandoval’s email and socials during and after the relationship. Kristen and Ariana are very close friends now, and have been for 7-8 years.
2 things are gonna determine who wins this case:
1: Did Rachel send it to Tom?
2: Did Ariana distribute it by their definitions?
Either or, I feel like Ariana won't be sued, and the SLAPP will work in her favor. I feel mainly that Tom is in a lot of trouble.
Tom's lawyer is saying that Rachel filmed it and shared it with him, meaning, Tom wasn't in the room with Rachel taking a video of her without her knowledge. They were in different states, so everyone agrees on this. By sheer nature of the "facetime" Rachel is filming (herself) and sharing (live) the video with Tom. Tom's attorney just said that he saved it. So the point is, she can't say she didn't want Tom to see it and didn't know of the recording because she was recording it herself (i.e. it was her phone recording the initial video and transmitting it via FaceTime). So although Rachel knew she was recording herself, does Tom's screen grab or recording of a recording, still qualify as recording someone without their consent? Tom did not record Rachel (Rachel recorded Rachel), Tom saved Rachel's recording by recording the recording.
Which is so much bs - there's a reason Teams and Zoom, etc. put up a notice when a video call starts being recorded (especially given different state laws) lol
Tom has no credibility. I believe Rachel.
There's a perfect analogy available here: recording a phone call. The recipient needs the caller's permission to record the call (in a two-party consent state such as CA), period. Transmitting a live call doesn't constitute recording for this purpose, otherwise where would the Facetime company (and phone companies) fall in this? Tom's lawyers are being purposely obtuse about that.
BS....nothing like blaming the victim.
Isn't it illegal to tape phone conversations in California?
Emily are you going to cover quiet on set and Dan Schneider?
She’s said before that she doesn’t like to cover cases where children are hurt. She might not cover it 😢
@@eh1126 thank you for sharing. I understand
@@eh1126omg that makes so much sense. I always wondered why she didn’t cover big cases like Lori Vallow or Delphi or Madeleine Soto.
Thank you!
what evidence could rachel possibly have that ariana distributed it to anyone besides rachel?
If they have someone testify who Ariana shared the video with that could have digital proof of it being shared and who did the sharing .
Not saying this happened just what popped into my head.
This is my q, especially when Ariana's lawyers have already offered to provide phone records to prove she didn't. My bet s that Rachel's team are going to use the public statements where other cast members allude to the acts taking place as evidence they'd seen it, when that could just as easily be gleaned through a re-telling
Just heard about your podcast via Reddit!! You are amazing 😊
Thanks so much for this! Regarding Tom’s response, do you think they are perhaps trying to argue what constitutes “filming” and “publishing”? I read it not that Rachel sent him a recording, but that by simply being on the FaceTime video call, that she was filming and publishing the video that Tom “saved his copy of.” It sounds like an argument about filming vs recording, if that makes sense?
oh Emily after refinancing its 11,000/ea for that stupid modern farmhouse
When I receive a FaceTime call I am the little picture in the corner🤷🏼♀️🤷🏼♀️So did Rachel initiate the FaceTime call, record, and send to Tom🤷🏼♀️🤷🏼♀️🤷🏼♀️
I wish I could be as smart and cool as Emily D. Baker!
I clean my recently deleted photos, texts, etc every day so I don’t find that weird of Tom knowing how to delete
Unless it’s clearly showing Tom wearing AirPods or something during the FaceTime, how can she argue that she thought it would remain private? Tom was at Schwartz house while FaceTiming her so there was already a risk of them getting caught by Schwartz
Yesss
Bravo would never do a Katie, Ariana spin off because they are too stable and emotionally intelligent !
And yet the way Katie is able to shit talk people is very mean girlish. BUT I agree with you, only because I don't want to watch such a show.
@@missJolie85 Katie talks harshly about people actively breaking her boundaries. Who she actively told she doesn’t like or mess with lol. They keep coming at their own risk. Their problem if they get the wrath not hers. Perfect example is how Schwartz always brought weirdo Jo along and she got the wrath
The number of times listening to this that I heard the lawyers name as Gyarados!
I missed your channel! I’m back!
There is not one time in my entire life I have even considered enabling location sharing. And I have a wife and kids. That's always just seemed insane to me.
That’s a lot of drama. So glad I don’t watch reality TV.
Why don’t the police just quietly check the phone details and see if there were more shares, if not then tell them to go away and sort their problems another way?
This is a civil lawsuit and they haven’t gotten to discovery yet. No police involvement. If there was police involvement they would need a warrant
You know🤔 i think i stopped watching Vanderpump around the time Tom started dating Ariana, and Jaxs being engaged. So much has happened😐
You're not missing much. It's now just a repeat of the same thing. These are grown adults in their thirties and forties, acting and thinking like a bunch of high school kids. It's depressing, not at all entertaining. I stopped watching at the beginning of this season.
I wanted to see growth. That didn't happen.
RACHEL IS SO IMMATURE, SHES MISGUIDED, SHE SHOULD OF NEVER HAVE BEEN ON THE SHOW.
@@starynightugh6951what do you expect from reality TV stars LOL
@@Kdkdleeme I was hoping for a tiny bit of growth..... lol
Could tom be held liable for "distribution " since it came from his phone, although it was ariana who physically dhared it to her phone.
Im waiting for this lol
Ratchet is pathetic.
Emily has never said they weren’t friends. She said they were acquaintances that later became friends. She also said they weren’t besties as the show likes to emphasize. She said they were not together alone it was always with a group.
Thanks for this! I suspect Leviss has always intended to drop the lawsuit against Madix. The stress of the lawsuit and lingering suspicions are significant ‘punishment’, and Leviss would want to get out before anyone has the opportunity to scrutinize her on behalf of Madix. Plus, Madix’s pockets aren’t very deep, so why bother to proceed when the potential consequences for Leviss outweigh potential gains, especially when there are other angles to play?
It seems suspicious that a team of very experienced lawyers have allowed Leviss so much leeway to discuss elements material to ongoing litigation publicly as part of her pod, discourse that could damage her case. Unless Leviss’ actions are inconsequential because there was never intention of litigating the lawsuit anyway...
It doesn’t feel like a reach to wonder if the swipes at Bravo and production may have been included in the Leviss complaint to insert allegations in the zeitgeist ahead of the Stowers lawsuit, and/or to lay the groundwork for a future lawsuit against Bravo and production on behalf of Leviss. Perhaps the latter was the larger aim of the lawsuit against Madix in the first place?
Leviss’ actions have been suspiciously rage-bait-ey lately. Almost as though she’s intentionally stoking outrage. (Ex: ‘emergency’ podcast over the Jo Weinberg IG story)
I have a theory that Leviss is stoking outrage to create a hostile environment, which she will leverage to use as reason to drop the lawsuit against Madix. Leviss will say she was confident she would win against Madix, but felt it was ‘unsafe’ for her proceed, and has no choice but to drop lawsuit …i’s the ‘right thing to do’ under the circumstances.
Leviss will attribute the (supposed) renewed animosity and malice toward her to the VPR reunion (Rachel would assume she will be a main storyline in reunion episodes). Leviss will then cite the supposed uptick in ‘hate’ against her, and accuse Bravo and production of fostering an environment so hostile that it has impeded her right to seek remedy for wrongs committed against her by Madix, and file a civil rights lawsuit against Bravo and production, the two parties with the deepest pockets.
I’m not a lawyer, and I know it’s a reach …but it also kinda seems like what we should expect, given how things have played out thus far. Any thoughts?
Thanks again for what you do!
Like n Shared
I'm watching KR, but I NEED to know about VPRs
I would really love your opinion on the responses - what do you think of Ariana's attorneys and the likelihood of success with anti-SLAPP?
People drink and ghost each other (notwithstanding the DB) sounds like Massachusetts.
From MA so much is said not shown on TV. Brock needed green card for the early wedding. They said it on the show.
what lip gloss is that? it is so beautiful
Well technically FaceTime is done through the cameras on your phone. One could argue that she did film with him or consent to being on camera with him just by the FaceTime call alone. When cameras are being used for an activity. Cameras that have the ability to record and save, I don't think you have a reasonable expectation of privacy
That's how I interpret it too - like the word filmed is doing some heavy lifting, but I read TS's response as "all I did was save a copy of what you put on film to me". Not commenting on veracity of that statement, just saying that's how it came off to me
Regarding sharing location, it’s generational. Plus, we know from the show that most of the cast members do that with other.
Ariana actually said this season (after the whole Scheana tracking Max situation) that she never had Tom’s location. Katie also said she doesn’t share with anyone.
Emily, of course people delete out of the deleted folder if you want to get rid of something just delete it once doesn’t get rid of it. That’s very common if you don’t want someone to see everybody knows there’s a deleted folder.
If the video had Tom in a small box on the screen, then he recorded it. Am I wrong about that? They said it was a FaceTime video, did they not?
You cannot open recently deleted photos WITHOUT your face so I’m not buying that part! Lol
Face recognition as security for recently deleted is optional. Not everyone has that setting turned on.
❤❤
@Emily D Baker although I agree that the video was
Most likely a live recording, It is possible to
Screenshare your phone while playing a video and the other person records it. Just saying, do be Stupid on Facetime and share ANYTHING PRIVATE WITH ANYONE EVER..! 😂🤦🏻♂️
I have not been following this extremely closely, but why is one of the most ridiculous parts of this I feel is Rachel lying for years that her name was “Raquel” 😂😂😂 which I think everyone kind of knew….🙄
we need a diagram
See you soon
😮
I will say this on one of her podcast and interviews. Rachel claims that she was in a hotel room feeling frisky and watching adult movies and then she call tom. So it's a little blurry. I don't trust anything Tom Sandoval has to say but she indicated she was the instigator in that call or perhaps she did send the video I don't know but if his face is appearing in the small box it was FaceTime. However she doesn't criminate herself a lot on her podcast especially at the beginning
❤️🇬🇧
Don’t the lawyers on both sides have to let each other know what their evidence is before the trial? So if Rachel has evidence that Ariana distributed the madturbation video they should say what it is now right?
Forensic audit will prove Arianna innocent. Expose Rachett still think she sent Sandoval the video hoping Arianna wo< see and break up.
@@debbyvibbert3177 I definately got the sense form just watching the show ratchet wanted Ariana to find out. She was sort of pressuring scumdoval too. Had Ariana not found the video ratchet would’ve ramped it up forcing Tom to have to break up.
Also Rachel keptvsaying shenhad wanted Tom to finish with Arianna publicly. She wanted to humiliate her. She is a bad egg @joeblow7297
Are you a lawyer?
It was a 7 month affair
Don’t forget about Micheal Jackson court case
🕵️🧑⚕️⚖️
Hi Emily, can I ask what the “D” in the Emily “D” Baker stands for please? Myself and my friends have tried to guess what your middle name could be but none of the ones we came up with “suit” you!! 😂 xx
I think it's her maiden name
@@alyssabrown-carleton6173 Aaah you could well be right, i hadn’t thought of that thank you 🙏🏻
I can’t understand how Sandoval even landed any of these women. IMO he’s so opposite of straight it’s ridiculous.
I don't think that Ariana is 100% honest about her sexuality either. Neither just she feel honest about their ten year relationship. I don't think either one is a prize. They stuck together all that time because it was convenient. She never seemed into him.
She has stated that she is bisexual it was on the show
@anna5169 And did you notice on the show, how upset Tom was, when her & Lala were "going at it" in the backseat of his car? He was upset about that, and all Ariana was upset about, was what people might think. She spun the narrative around, that he outted her sexuality, when she was hiding that until the incident happened. No remorse, no apology. The blame is always put on Tom.
That's when she decided to be "honest" about it.
@@starynightugh6951 He definitely was not upset about that lol. He brought it up while bragging on a boy's day out and then turned up the "I'm so upset" BS when Ariana got mad at him for outing her on television. It's clear you're a Tom apologizer/Ariana hater though so I'm sure you'll continue thinking otherwise, which is fine.
I would say 90% of that cast is bisexual.
Yes Emily! Katie and Ariana can name their spinoff Something About Her!
No.
No. Please.
Oh that will be only for everyone who needs some sleep.
Rachel is not even original. Stassi did the revenge corn story first 😂
Rachel did not use it as a storyline on the show.
@@fzrms7954 uh, have you been living under a rock? What is Rachel Goes Rogue🙄 about? Stassi is the one who didn't use it as a story. LVP bought the tape, and it wasn't mentioned until a reunion, as opposed to a two season storyline 🙄. Try making sense next time. Thx for playing.
When Tom broke up Christian to go out with Ariana. It was all Kristen's fault and now it was all Arianna's fault that he went with Rachel. Now it's all Rachel's fault that everything he's going through. He does not take responsibilities for any of his actions or what he does to other people. It's always somebody else's fault. I think his upbringing may have done something to him, but let's say that he is scarring about a people in this world for not. Being a responsible productive person in society..
wouldn't it be distributing since she stole it off his phone and sent it to her self?
But wouldn’t this impugn anyone who sends a victim of revenge porn the evidence the victim would need to successfully prosecute their perpetrator? It would have a chilling effect that ultimately would make it more difficult for revenge p*rn victims to get the justice they deserve.
If she'd text the videos to Raquel wouldn't they be on the whatsapp chat?
What did you say? Give Katie and Ariana a spin off show about their sandwich shop? OMG B-O-R-I-N-G! Yes, something beyond 💩 happened to Ariana but I'm tired of hearing about it! She did THE SAME thing when she got with her partner and she's better off! Yet "passively" makes her friends choose a side. Plus, Katie is the ultimate mean girl! I've watched it enough!!! They got their fame because of the affair but they are not worth a spin off. I give their sandwich shop 1 year tops.
My thing with Raquel and Ariana is if they were such close friends why would her name be her full name on the messages? XD that's weird to me
i have shared my location with acquaintances.Sad but a lot of people just lvoe to share and collect people's
I want a something about her spinoff
Thank you so much for making this a separate thing so I can skip it. 😃
You cover pop culture and Stormy Daniela as a porn star make her relevant to this show. Appreciate it. If you are coverin it please let me know which video. Thanks Emily. You are great r
No way I’d watch a spin off of two bitter Betties talk about how much they hate everyone else.
Same. I don’t mind Ariana, but I can’t stand Katie. She’s always been a toxic mean girl, and that’s one thing that didn’t change with her “glow up.”
I wonder if Rachel set this up. She wanted Tom to tell his girlfriend it was over. Since he kept putting it off she thought I will text him sexy stuff so he wins break it off. Than in the back of her head she thought there was a chance Ariana would see it and break up with Tom. This is just something I was thinking don’t know if it’s true. Since her plan didn’t work now it’s Tom groomed her. I don’t think she is is a porn star I just think she wanted Tom and she didn’t care who was in her way.
NO EMILY 🫣 please not an Ariana & Hatie show 😂😂😂😂 we need VPR in our lives
Why keep mispronouncing LEVISS? The accent is on the first syllable.
Your dislike of her is palpable.
I am pronouncing it the way I hear her pronounce it on her podcast, nothing more than that.
Making something out of nothing 😌