Kertesz, who claimed in a federal lawsuit that she never signed a release upon entering a CollegeWildParties shoot in March 2007, may be finding herself on the other end of the legal table if her case is determined to be frivolous.
According to the pleadings filed in federal court and defense counsel Richard C. Wolfe, the defendants believe that Kertesz used a fake ID to get into the CollegeWildParties taping, and the defendants have evidence of it after she posted a Facebook item the day after the shoot.
Wolfe said that the Facebook post, as well as the revelations of a previous history of using fake IDs, is powerful evidence.
“The Facebook post read, ‘Now that I’m 21, watch out Mizner’s (a local bar) — no more fake ID,'” said Wolfe, who has asked the court to order Kertesz to post an appellate bond in the matter that would include defense attorneys fees.
Her attorney, Avery Dial, declined comment to XBIZ on the case.
Kertesz, under Florida’s Deceptive and Unfair Trade Practices Act, has been seeking actual and punitive damages, as well as attorneys fees, since she filed the suit about 15 months ago.
Kertesz alleged in her suit that “photoshopped” pictures of her began appearing online after the Boca Raton house party. The CollegeWildParties website bills itself as where "real college kids get wild, sexy and out of control at these wild XXX parties!"
The original claim named additional defendants, including Cyberheat, Top Bucks and Pink Visual, but those companies earlier were pared off from the suit.
The case, which has reached more than 250 legal motions and filings in its short history, has its roots based on the evening prior to Kertesz’s 21st birthday, when she held a birthday party for herself and others and later traveled down the street to a CollegeWildParties video shoot.
The defendants believe that Kertesz gave her implied consent by interacting with the camera and remaining at the shoot for more than 10 minutes, according to Wolfe.
Testimony later revealed that Kertesz had previously used a friend’s ID to gain access to bars and club while she was under 21. The day after the video shoot, the friend asked Kertesz via Facebook for her ID back.
After the video shoot, Kertesz’s image, along with others, was placed on CollegeWildParties.com. According to testimony, the image was on the site for about 30 days.
The online photos, Kertesz claims, include “her head and face seen smiling while viewing a male and female engaging in sodomy. Upon closer inspection however, it is apparent that plaintiff’s head and face were cropped or ‘photoshopped’ from a separate image and strategically placed on the banner to appear as if she was watching the couple at the time it took place.” In any event, however, Kertesz does not dispute attending the video shoot at issue.
In addition to Net Transactions, the suit also names as defendants Ventura Content, TB Advertising Services, Westlake Holdings, Edward James Enterprises Inc. and Edward James.
