Los Angeles (E! Online) - Lindsay Lohans life may be an open book, but theres at least one chapter shes seeking to keep shut. And she seems to have found an unlikely legal ally to aid in her privacy plight.
A three-justice panel in Californias 2nd District Court of Appeals on Friday ordered the judge in Lohans negligence suit for the 2005 car crash to show why he denied a request to prevent the stars deposition from being videotaped.
In his November ruling, Los Angeles Superior Court Judge Michael L. Stern also balked at Team Lohans request to issue a protective order keeping the tape and its transcript from being publicly disseminated.
A hearing has been set for Mar. 26 for Stern to explain his reasoning to the appellate panel.
Lohans attorney, David J. Ozeran, claimed the only benefit of such footage would be to annoy Ms. Lohan and to attempt to gain a litigation advantage by causing her concern about the embarrassment of such a videotape.
He also argued that a taped deposition would no doubt inevitably find its way into the media.
Any of these people could anonymously take the tape, have it copied and profit significantly by selling it, Ozeran stated in his Nov. 5 motion. 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 or more.
Pending the spring hearing, the appellate panel ordered Lohans deposition to be kept out of the public domain.
Previously, the appeals court postponed the deposition, which had been scheduled for Dec. 3, until the panel had reached a final decision.
The deposition stems from a negligence lawsuit brought against the Mean Girls star by busboy Raymond Ortega. In the suit, filed on June 14 of last year, shortly after her second stint in rehab, Ortega claimed the actress was drunk when she crashed into his van on Oct. 5, 2005, when the now 21-year-old thesp was 19.
Hes seeking at least $200,000 in damages from the star, stating she was driving recklessly and under the influence at the time.
Lohans camp fired back in an October countersuit, seeking $75,000 in damages from Ortega. Her lawyers stood by the California Highway Patrols report of the car crash, which found no evidence that alcohol was a factor in the smashup and that the accident was instead caused by Ortega, who was making an illegal U-turn in front of Lohans Mercedes.
In other Lohan legal news, a proof of deferred entry of judgment hearing is scheduled to take place Thursday afternoon to wrap up proceedings on the starlets no-contest plea to driving-under-the-influence charges stemming from her summer bust.
Lohan was originally ordered to serve a 24-hour jail sentence by tomorrow as part of her deal. She successfully completed the time--or at least 84 minutes of it--in November.
Lohan is not required to appear at the hearing, which will be held at the Beverly Hills Courthouse.
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