In a tentative ruling, a Sacramento judge ruled that HGTV's portrayal of Thomas Eckhardt is protected under the First Amendment.
Eckhardt says the breakup of his business relationship with Alison Gramenos, an executive producer and host of the show, became the main focus of the series, which depicted him as the villain and his partner as an “unknowing, innocent victim.” The duo was plagued by issues around unpaid subcontractors and real estate taxes, improper use of proceeds from construction loans and budgetary discrepancies.
“They knew the were relying upon an unreliable source based upon her prior false public statements and based on the fact that she’d been sued multiple times for fraud,” he said. “They knew she harbored animus against plaintiff, and they didn’t investigate.” Moss said of Eckhardt: “He knew had been accused of financial malfeasance and yet, when the teaser trailer aired shortly before season two, he simply said ‘this isn’t going to be good for anyone’ without saying anything that would suggest that Scripps was being put on notice of some specific untruth they should investigate.”
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