May 9 - Anti-SLAPP Rulings Revealed and Why Marilyn Manson Has a Strong Case for an Appeal Anti-SLAPP laws work by putting more burden than usual on defamed plaintiffs like Manson, forcing them to clearly show at the outset that their case is legitimate. In California, the reason strict anti-SLAPP laws exist is because they have so many cases to go through, and it helps to alleviate the pressure of the courts by making cases less time consuming by eliminating certain aspects of a claim before they go to discovery. The major drawback of this is that a plaintiff must enter the case with all their evidence in hand when it comes to defamation claims even before discovery can be conducted. Thus, it makes it almost impossible for a defamation claim to pass into the discovery portion of the case unless the unquestionable evidence already clearly exists. In some cases, like Manson's, the intentional infliction of emotional distress claim can also be part of the anti-SLAPP. Summary of the
December 15
- Manson's Attorney Requests a Stay on Esme Bianco Case Due To a Pending Criminal Investigation by the LADA
According to new case filings on December 16, 2022, Manson's attorney confirms the LASD investigation pertains to the Esmé Bianco allegations.
This is significant because it has never been confirmed who the investigation pertained to or how many alleged victims. But according to this, it appears to be about Esmé Bianco's allegations, though it's not clear if it is limited to just her allegations.
And considering TMZ's quote in May 2022 stating, "some credibility issues with the victim," it's somewhat telling. TMZ spoke of a "victim", not victims in the plural.
Bianco's attorney, Jay Ellwanger, revealed in February 2021 that Bianco had met with the FBI in regards to her allegations of human trafficking, and it seems the investigation was taken up by the LASD, which took 19 months to complete before being handed over to the District Attorney, who will decide as to whether or not criminal charges are to be filed.
Confirmation of the investigation and the time periods come from Detective David Von Dyke mentioned in both the new Howard King and Blair Berk declarations.
The filings from December 16th collectively are to request a stay on the lawsuit since there is a pending result to the LASD investigation. And Esmé is using the Trafficking Victims Protection Reauthorization Act (TVPRA) in her lawsuit which allows for a stay in such cases.
Howard King details there is a provision in the TVPRA that would require the lawsuit to be placed on hold until the outcome of the investigation concludes.
And a declaration from Blair Berk confirms a phone conversation on November 16, 2022 from the LADA stating they are still reviewing.
December 19
- Stanton LaVey Dead at 44
At the untimely age of 44, Stanton LaVey, grandson of Anton LaVey, died on the 19th of December. He was a former friend who became an accuser of Marilyn Manson. I don't know of anyone who has any kind words to say about him, but he is survived by his wife and children.
Very soon, in order to get them out of the way and they can rest in peace, I will be posting on the accusations of Stanton LaVey and will address some things about the recently-deceased Laney Chantal as well, since what they said lives forever on the internet.
December 23
- Stay Request on the Esme Bianco Case Continued; Manson Responds To Bianco Amended Complaint
Filings from December 23rd continue what was discussed regarding the request to stay the Bianco case by Manson's attorneys on December 15th.
Bianco's team is requesting the stay be denied due to the fact that Manson's team has not provided evidence that he is currently being investigated nor that he will be prosecuted for the results of the investigation by the LASD.
They say Manson is using the stay as a sword and the provision in TVPRA as a shield to gain advantage in the case. They further say Manson has taken too long to bring up the stay, seeing that the case was filed in April 2021 and the LASD investigation has been going since before then.
They cite as reason for this late request by Manson to be a result of a deposition ordered for Manson (Brian Warner) by Bianco through an email from Bianco's attorney to Manson's attorney on November 18th and November 30th of 2022.
In addition, Manson denies the allegations of Bianco in her amended complaint, which states that Manson prevented employment for Bianco with the Deftones by using threats.
- Manson's Attorney Requests a Stay on Esme Bianco Case Due To a Pending Criminal Investigation by the LADA
According to new case filings on December 16, 2022, Manson's attorney confirms the LASD investigation pertains to the Esmé Bianco allegations.
This is significant because it has never been confirmed who the investigation pertained to or how many alleged victims. But according to this, it appears to be about Esmé Bianco's allegations, though it's not clear if it is limited to just her allegations.
And considering TMZ's quote in May 2022 stating, "some credibility issues with the victim," it's somewhat telling. TMZ spoke of a "victim", not victims in the plural.
Bianco's attorney, Jay Ellwanger, revealed in February 2021 that Bianco had met with the FBI in regards to her allegations of human trafficking, and it seems the investigation was taken up by the LASD, which took 19 months to complete before being handed over to the District Attorney, who will decide as to whether or not criminal charges are to be filed.
Confirmation of the investigation and the time periods come from Detective David Von Dyke mentioned in both the new Howard King and Blair Berk declarations.
The filings from December 16th collectively are to request a stay on the lawsuit since there is a pending result to the LASD investigation. And Esmé is using the Trafficking Victims Protection Reauthorization Act (TVPRA) in her lawsuit which allows for a stay in such cases.
Howard King details there is a provision in the TVPRA that would require the lawsuit to be placed on hold until the outcome of the investigation concludes.
And a declaration from Blair Berk confirms a phone conversation on November 16, 2022 from the LADA stating they are still reviewing.
December 19
- Stanton LaVey Dead at 44
At the untimely age of 44, Stanton LaVey, grandson of Anton LaVey, died on the 19th of December. He was a former friend who became an accuser of Marilyn Manson. I don't know of anyone who has any kind words to say about him, but he is survived by his wife and children.
Very soon, in order to get them out of the way and they can rest in peace, I will be posting on the accusations of Stanton LaVey and will address some things about the recently-deceased Laney Chantal as well, since what they said lives forever on the internet.
December 23
- Stay Request on the Esme Bianco Case Continued; Manson Responds To Bianco Amended Complaint
Filings from December 23rd continue what was discussed regarding the request to stay the Bianco case by Manson's attorneys on December 15th.
Bianco's team is requesting the stay be denied due to the fact that Manson's team has not provided evidence that he is currently being investigated nor that he will be prosecuted for the results of the investigation by the LASD.
They say Manson is using the stay as a sword and the provision in TVPRA as a shield to gain advantage in the case. They further say Manson has taken too long to bring up the stay, seeing that the case was filed in April 2021 and the LASD investigation has been going since before then.
They cite as reason for this late request by Manson to be a result of a deposition ordered for Manson (Brian Warner) by Bianco through an email from Bianco's attorney to Manson's attorney on November 18th and November 30th of 2022.
In addition, Manson denies the allegations of Bianco in her amended complaint, which states that Manson prevented employment for Bianco with the Deftones by using threats.
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January 3
- Ashley Morgan Smithline's Case Against Marilyn Manson Has Been Dismissed
According to the court records:
"On October 5, 2022, the court granted Plaintiff Ashley Lindsay Morgan Smithline's Counsel Jay D. Ellwangers Motion to Withdraw Representation, stayed the action, and Ordered Plaintiff to file by December 5, 2022, either: (1) a notice of substitution of counsel, or (2) a status report regarding her readiness to litigate this action in pro se. Dkt. 27. Plaintiff was advised that the court may dismiss the action without prejudice, pursuant to Fed. R. Civ. P. 41(b), if she failed to file a response timely. Id. at 2. Plaintiff has not filed a response as of the date of this Order. The court, therefore, DISMISSES this action without prejudice, for Plaintiffs failure to prosecute the action."
In other words, because Ashley Morgan Smithline failed to follow up in a timely manner by getting a new lawyer to file the case for her, the case was dismissed without prejudice, meaning that the current case is now terminated and she can in the future refile a lawsuit for the same allegations.
This is another major victory for Marilyn Manson. So far, this case and the case of Ashley Walters have been dismissed, though the case of Ashley Walters was dismissed with prejudice, meaning that she cannot refile her lawsuit for the same allegations, though has stated she will be looking into an appeal. More than likely, based on private communications with Ashley Morgan Smithline which have been brought to my attention, there will not be an appeal with her and she seems to be very relieved to put this case behind her.
A statement was issued to the press by Howard King, the attorney of Marilyn Manson:
- Ashley Morgan Smithline's Case Against Marilyn Manson Has Been Dismissed
According to the court records:
"On October 5, 2022, the court granted Plaintiff Ashley Lindsay Morgan Smithline's Counsel Jay D. Ellwangers Motion to Withdraw Representation, stayed the action, and Ordered Plaintiff to file by December 5, 2022, either: (1) a notice of substitution of counsel, or (2) a status report regarding her readiness to litigate this action in pro se. Dkt. 27. Plaintiff was advised that the court may dismiss the action without prejudice, pursuant to Fed. R. Civ. P. 41(b), if she failed to file a response timely. Id. at 2. Plaintiff has not filed a response as of the date of this Order. The court, therefore, DISMISSES this action without prejudice, for Plaintiffs failure to prosecute the action."
In other words, because Ashley Morgan Smithline failed to follow up in a timely manner by getting a new lawyer to file the case for her, the case was dismissed without prejudice, meaning that the current case is now terminated and she can in the future refile a lawsuit for the same allegations.
This is another major victory for Marilyn Manson. So far, this case and the case of Ashley Walters have been dismissed, though the case of Ashley Walters was dismissed with prejudice, meaning that she cannot refile her lawsuit for the same allegations, though has stated she will be looking into an appeal. More than likely, based on private communications with Ashley Morgan Smithline which have been brought to my attention, there will not be an appeal with her and she seems to be very relieved to put this case behind her.
A statement was issued to the press by Howard King, the attorney of Marilyn Manson:
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Most interestingly and surprisingly, People Magazine reported on this dismissal, having featured Smithline on the cover of their magazine, and Rolling Stone also reported on it, but the report was written by neither Tomas Mier, who wrote the People Magazine cover story and now works for Rolling Stone, nor was it written by any of the "journalists" who did the "investigation" on Marilyn Manson for the same publication. Instead, Tomas Mier is still trying to sell his story on Smithline on Twitter:
Since this case is now over and I have not fully addressed it on this website, I will be soon offering a short series going over all the details of the case from 2019 to the present as a retrospective.
January 4
- Phoebe Bridgers' Announces the Death of Her Father Who She Once Sang About Killing
On January 4th, Phoebe Bridgers announced on Instagram that her father died, writing: "Rest in peace dad."
Ironically, this past December 23rd, in an interview with Chicken Shop Date, Phoebe was asked if she still wanted to kill her dad, which after mulling for a second, she said "no".
This is in reference to her song “Kyoto” with the lyrics: “I’m gonna kill you/If you don’t beat me to it,” which alludes to the tumultuous father-daughter relationship.
The reason I bring this up is because in my expose of Phoebe, I mention the fact that Phoebe often jokes about killing people, and sometimes you don't even know if she is really joking or not in her sentiment. Apparently she considers jokes about murder okay, while alleged rape jokes are absolutely unacceptable to her and this captures worldwide media attention.
This news comes while rumors swirl that her recent engagement to Paul Mescal has come to an end, which, to be honest, was very predictable.
January 5
- Marilyn Manson Celebrates His 54th Birthday
Kat Von D and her husband Leafar Reyes hosted Marilyn Manson's 54th birthday party in their beautiful Los Angeles Victorian mansion, which was splendidly decorated and themed with photos of Marilyn Manson as a child and adolescent.
- Marilyn Manson Celebrates His 54th Birthday
Kat Von D and her husband Leafar Reyes hosted Marilyn Manson's 54th birthday party in their beautiful Los Angeles Victorian mansion, which was splendidly decorated and themed with photos of Marilyn Manson as a child and adolescent.
Attending the party were many friends and supporters of Marilyn Manson and his wife Lindsay, among whom were Glare, Mr. Chino, Romy, Poppy, Ophelia Wilde, Joe Manganiello, Tony Silva, Paula Baby, Vanessa Alexandra, Dana Dentata, Llewellyn, India Haylee Barton, Mynxii White, Casey Chaos, Dawn Ritz, Henry Alexander Levy, Sid Wilson, Dean Karr and others.
Some of these names may be surprising to see, but be assured that the pressure to conform is real, and will make people do what is not in their hearts, as I recently wrote about.
According to the report of Dean Karr on Facebook, it was an "amazing, SOBER evening!", adding, "There was a lot of talent in the room and the tacos were superb."
All seemed to indeed have a genuinely good time.
