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Carmen Electra lost a round today in her lawsuit claiming she’s owed money from the Naked Women’s Wrestling League for hosting duties.
Los Angeles Superior Court Judge Mark V. Mooney dismissed Electra’s claim for negligence, agreeing with defense attorneys that she has not explained how it applies to this case.
“I really don’t see where this is a negligence case,” Mooney said. “This is a breach-of-contract case and the right of publicity, those claims are all there and viable at this time.”
NWWL lawyer Valerie E. Alter said the negligence claim never had any legal basis.
“You can’t state a claim for negligence based on the negligent performance of a contract,” Alter said.”I’m still trying to figure out what the negligence was here.”
Electra’s suit also alleges breach-of-contract, unjust enrichment and violation of both common law and statutory right of publicity — claims unchallenged by the defense so far.
In court papers filed recently in preparation for another hearing scheduled April 16, Electra asks Mooney to rule that two co-defendants in the case –Virtcom Enterprises and company official Douglas Freeman — are liable for breach of contract and should pay her more than $440,000.
The 36-year-old former “Baywatch” star, whose real name is Tara Patrick, filed her suit in November 2007, then filed a revised complaint in July and yet another in October. She claims NWWL bosses promised to pay her $400,000 for hosting several events, but she only received 25 percent of that amount.
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Electra further alleges NWWL released DVDs that use her image, including “Twin Peaks,” “Operation Naked Storm,” “Tag Team Dream” and “Bush vs. Hussein,” without payment.
VCE and yet another defendant in the case, Full Speed Productions Inc., produced the pay-per-view and video distributions, Electra’s court papers state.
Electra seeks a judgment against VCE and Freeman for the remaining $300,000 she alleges she is owed, plus $143,755 in interest through April 16, the date of the hearing on her motion.
“I never received any payment beyond an initial $100,000, either directly or through (her company),” Electra states in a sworn declaration in support of her motion.
Electra’s attorney, William N. Canby, said after today’s hearing that his client will still pursue the case against the other defendants even if she wins her motion against VCE and Freeman. He said there is more than one contract involved in her lawsuit and that she may be entitled to further damages from the other parties.
Along with her “Baywatch” role, Electra has appeared in various films – -among them “Epic Movie” and “Scary Movie 4” — and in television shows, as well as in commercials for Max Factor, Taco Bell and Ritz Camera.