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Paris Barred from Rival's Records
Even Paris Hilton can't always get what she wants.
A California appeals court has overturned a lower court's ruling in favor of the Simple Life star's request to investigate diamond heiress Zeta Graff's psychiatric records in preparation for Graff's $10 million defamation suit against the celebutante.
Graff, an ex-girlfriend of Hilton's ex-fiancé Paris Latsis, sued her rival in summer 2005, alleging that the hotel heiress planted false items about Graff in the New York Post and complaining that she suffered severe emotional distress as a result of Hilton's "vicious lies."
The report in question claimed that Graff went "berserk" after encountering Hilton and Latsis at a London club and tried to rip a $4 million diamond necklace from Hilton's throat.
"This is a woman who is older and losing her looks, and she's alone. She's very unhappy," an anonymous source said of Graff in the item.
Hilton's former publicist Rob Shuter later said in a deposition that he fed the paper a story he said was dictated by his client. For her part, Hilton admitted that the encounter was false, but denied that she was behind the Post story appearing in print.
Following Hilton's November 2005 deposition, Graff amended her original complaint, alleging that Hilton had perjured herself repeatedly.
In return, Hilton's attorneys asked to peruse Graff's psychiatric records to seek proof of the emotional distress she claimed to have suffered. Graff's attorneys objected, stating that they had no plans to claim she had suffered distress beyond "the normal pain and suffering, namely shame, mortification or hurt feelings, that traditionally accompanies a claim for defamation."
Though a judge ruled in September that Hilton's legal team could depose Graff's psychiatrist and subpoena her records, the appeals court disagreed Wednesday, citing Graff's right to privacy.
"We believe that the court of appeals reached the correct result. We look forward to trying this case against Ms. Hilton," a spokesman for Graff's legal team told Court TV on Wednesday.
Conversely, Hilton's lawyer, Howard Weitzman, called the verdict a "positive result" for his side, because it limits Graff's claim for damages.
The warring heiresses are due to face off in court when the trial kicks off Feb. 5.
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