Jayde Nicole, who was attacked last summer by Joe Francis, is fighting back to stop his defamation lawsuit against her. The former Playboy Playmate had filed an Anti-SLAPP motion against the Girls Gone Wild founder, RadarOnline.com has learned exclusively.
In court documents obtained by RadarOnline.com, Nicole said, "Francis' claims are covered by the ANTI-SLAPP LAW. The California Anti-SLAPP law was enacted to protect the fundamental constitutional rights of petition and speech and is to be constructed broadly."
Jayde Nicole stated in her sworn declaration, "after what Francis did to me, this lawsuit, and the story he made up about me trying to ‘kill him’ is insulting because of his attack and the pain and the stress I have been through. I don't understand why he got so upset at me tapping him on his head and pouring a shot glass-sized drink on his back. Even if it were rude of me to do what I did to stop him from harassing Abbey, there was no reason for him to grab me by the hair and throw me to the floor. He could not have reasonably thought that I was any kind of physical threat to him. He is about twice my size. If he thought that, he should have just walked away. From watching the security tape, it is apparanrt he had to force his way through the crowd to attack me."
Nicole and Francis got into an altercation in a nightclub. RadarOnline.com obtained the security video surveillance showing Francis pulling Jayde Nicole by the hair, and throwing her to the ground, Jayde filed a lawsuit against Francis. Francis then retaliated, according to Jayde Nicole's attorney Ronald Richards, by filing a countersuit for defamation because of statements Jayde made to the media about the incident. Criminal charges were never filed against Francis.
The California Anti-SLAPP (Strategic Lawsuit Against Public Participation) law is intended to give defendants the opportunity to eliminate a lawsuit at an early stage because of the costs associated with pursuing it.
Richards told us he expects the judge to grant the motion, and a hearing date has been set for February 2010. If the motion is granted, Richards says, "Francis will be looking at a $60k-70k legal bill because that is what it has cost to file this motion."