Anna Nicole Smith going under the knife will not be a sight to behold anytime soon.
Acting at the behest of Smith's self-proclaimed protector in life and death, Howard K. Stern, a Los Angeles judge issued a temporary restraining order Friday, blocking the distribution of a tape that shows Smith undergoing breast-augmentation surgery on Oct. 17, 1994. Stern's legal camp requested the injunction on July 6.
In court documents obtained by celebtv.com, Stern accuses Texas plastic surgeon Dr. Gerald Wayne Johnson of making the tape without Smith's permission and then trying to sell it after her death to L.A.-based memorabilia broker Thomas Riccio, "with the express purpose of reaching out to media outlets in California."
Stern's lawsuit on behalf of Smith's estate claims that Johnson broke multiple state and federal laws by filming the late model without consent and that the doctor violated Smith's patient-client privilege and numerous ethical guidelines by attempting to peddle the footage.
The complaint also charges the defendants with conversion and wrongful taking of estate property. Johnson's wife, Alana, was also named as a defendant. Riccio was included as well, but Stern moved to drop the charges against him last week.
Meanwhile, the restraining order signed by L.A. Superior Court Judge Mitchell F. Beckloff prohibits any dissemination, distribution or sale of the tape, made when Smith was 26. She died on Feb. 8 of an accidental overdose of prescription meds. The onetime Playboy Playmate was 39.
Beckloff also ordered that all copies of the tape be turned over to Stern, who is executor of Smith's estate. A hearing on the matter is scheduled for Sept. 26.
In a letter to Riccio dated June 22, in which he gives the broker permission to make deals with media outlets to sell the tape, Johnson stated: "Our office routinely records all such procedures with the knowledge of the patient, and I retain all rights to this video which is our policy to keep confidential during the patient's lifetime."
After a patient dies, "it is then up to my sole discretion as to how and when I will disseminate or make public any or all of the images within the videos we have produced."
The Johnsons have also sued Riccio and his company, Universal Rarities, in Texas for allegedly breaching the confidential marketing agreement surrounding the tape in question by hanging on to it after the plaintiffs had asked for its return.