The case can now proceed to trial to permanently remove the tape from public access.
Suing over breach of oral contract, Farrell claimed in his lawsuit against Narain, a former Playboy Playmate, that the release of the tape over the Internet would destroy his career. Farrell told the court that he and Narain had agreed the tape would never be used outside their private use.
The ruling comes shortly after the same judge, Superior Court Judge David Yaffe, put a temporary stop on Narain from selling, distributing or displaying the sex tape in any way.
The 15-minute tape, which surfaced in July among the elite of the sex tape trade but which was never released to the public, features Farrell and Narain two years ago in a Kama Sutra sex romp.
In his lawsuit against Narain, Farrell accused his ex-girlfriend of marketing the tape through third-party sex tape marketer David Hans Schmidt, who was helping her peddle the tape to various online adult companies for distribution.
Farrell, the star of the box office flop “Alexander,” is currently shooting the film adaptation of “Miami Vice,” in the role of James 'Sonny' Crockett.
