Tuesday, January 12, 2016

Charlie Sheen’s Disclosure Of HIV Status Subject Of Bitter Legal Dispute

Charlies Sheen Hid HIV Positive Status
Did he tell her, or did he not? That is the question presented for determination in a lawsuit recently filed in the Los Angeles Superior Court by Scottine Ross, ex-fiancée of actor Charlie Sheen. Ms. Ross (a porn actress better known as Brett Rossi) alleged that her ex-fiancé Charlie Sheen hid the fact that he was HIV positive from her during a period when the two engaged in unprotected sex. In her lawsuit, she is seeking $1 million dollars as well as profits from Mr. Sheen’s now-cancelled television show “Anger Management.”

In November 2015, Mr. Sheen publicly disclosed that he was diagnosed with HIV four years ago and that a number of individuals who learned of his condition demanded money to keep the information private.

Replying to Ms. Ross’s legal pleading, Mr. Sheen labeled Ms. Ross as an “extortionist” and accused her of ignoring a mandatory arbitration agreement the couple had earlier signed. Mr. Sheen claimed that the binding arbitration agreement was to cover any and all disputes that might arise between the couple. The couple had commenced arbitration in May 2015, but arbitration had not concluded prior to Ms. Ross filing her lawsuit. Mr. Sheen is asking the court to either dismiss Ms. Ross’s lawsuit outright or, in the alternative, put the case on hold and order the couple back to arbitration.

“In certain contexts, California courts have shown a hostility toward arbitration agreements, especially where there appears to be a great disparity in the bargaining power of each of the parties,” according to Steven M. Sweat, a Los Angeles personal injury lawyer with the Law Offices of Steven M. Sweat. “Where two parties of equal bargaining power agree to arbitrate future disputes and where there is no evidence of fraud, duress, or undue pressure, a court may be more inclined to uphold an arbitration agreement.”

For now, the case remains before the Los Angeles Superior Court where a judge will soon decide whether Ms. Ross will be able to proceed with her lawsuit. The case will come before the court next in February 2016.

Steven M. Sweat, APC
5757 Wilshire Blvd., Suite 450
Los Angeles, CA  90036
(323) 944-0993