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Lindsay's Lawyer: Depo Could Fetch Major Dinero

Tue., Nov. 6, 2007 5:08 PM PST by Natalie Finn

Somehow, some way, someone will find a way to spin Lindsay Lohan's deposition into gold.

So argues the starlet's attorney in court documents expanding upon the reasons why Lohan's Dec. 3 deposition in connection with a car crash-related negligence lawsuit should not be videotaped.

"If a single picture of Ms. Lohan can sell for thousands of dollars, a videotape of the deposition will undoubtedly sell for tens of thousands of dollars, or more," attorney David J. Ozeran wrote in a motion filed Monday in Los Angeles Superior Court.

Considering all of the people within the court system who would have access to the tape, it would be nearly impossible to prevent a leak, the motion states.

"Any one of these people could anonymously take the tape, have it copied and profit significantly by selling it," Ozeran states. The "real purpose" of having such a tape is so that the plaintiff's lawyers can "annoy Ms. Lohan and…attempt to gain a litigation advantage by causing her concern about the embarrassment of such a videotape."

Raymundo Ortega sued Lohan for negligence on June 14, shortly after she checked into rehab for the second time this year, alleging that she was drunk when she crashed into his van on Oct. 5, 2005 in West Hollywood.

The L.A.-based busboy, who's asking for $200,000 in damages, claimed that Lohan, who had just lunched at the Ivy, was looking over her shoulder instead of watching the road—a natural reaction to the persistent paparazzi that had resulted in the "habit, custom, and practice of reckless driving."

The 21-year-old's camp fired back in a $75,000 countersuit filed Oct. 11, reminding Ortega's camp that, in its official report, the California Highway Patrol found no evidence that alcohol was a factor in the smashup, and that Ortega caused the accident by trying to hook an illegal U-turn right in front of Lohan's Mercedes.

Ozeran alleges in his latest filing that Ortega is trying to extort a settlement from Lohan with the implied threat of further negative media coverage if the deposition goes poorly and a camera is there to catch it all.

A previous motion filed Oct. 26 on Lohan's behalf refers to the possible taping as an "unwarranted invasion of [her] privacy," citing the possibly "inflammatory" nature of the proceedings.

If a judge denies their motion during a hearing scheduled for Nov. 28, they are also seeking to have the tape sealed.

In Monday's motion, Ozeran also cites a recent coup by Britney Spears' camp, which successfully petitioned the court to prevent the taping of her upcoming deposition in her ongoing custody battle.