[JUNE 2, 2003]
JOSE SOLANO APPEALS!
District Court Granted Playgirl Summary Judgement Reversed!
As reported, Jose Solano sued PLAYGIRL magazine for placing him
on the cover of its January 1999 issue without his knowledge or consent. He stated that it gave the impression that he
had posed nude in the magazine. On the cover was a Baywatch promo photo with him shirtless
in his red lifeguard trunks.
The District Court Granted PLAYGIRL magazine Summary Judgement and found
that Jose Solano had failed to prove that PLAYGIRL magazine gave a false impression of what its readers would see of
him inside of its magazine.
They were in disagreement and reversed for a trial. The Appeal from the
United States District Court Central District of California Dickran Ml Tevrizian, District Judge, Presiding Argued and Sumitted March
4, 2002 in Pasadena, California before Harry Pregerson, Raymond C. Fisher and Richard C. Tallman, Circuit Judges. The Appeal
was filed on June 13, 2002.
During the proceedings in viewing the evidence by Fisher, Circuit Judge,
it went in Jose's favor. He provided sufficient evidence to create triable issues of facts for the jury on the elements of
each of his causes of action.
They realized that Jose's sole appearance inside of the magazine was on page 21, in a quarter-page,
head and shoulders photograph showing him fully dressed in a T-shirt and sweater alongside a brief, quarter page profile of
the actor. This was a part of the feature run about 10 popular TV actors. None of the actors were shown nude.
Jose admitted that he did not seek therapy or any other type of treatment from any medical professional,
although he did seek spiritual counciling from his father, a minister. He testified to both personal and familiar humiliation
and embarrassment because of of the publication of his picture in the magazine. He claimed that several possibilities for
appearing on various television programs failed to materialize after the publication of the PLAYGIRL issue, yet he was unable
to provide evidence that any lost job was related to his appearance in the magazine. Jose's current and previous agent and
previous manager all stated that no one ever has mentioned the PLAYGIRL issue to them especially in relation to a job for
Jose. Jose also argued that his invitations to charity events declined after the publication of PLAYGIRL issue, but again
he admitted that he could only speculate and had no proof that there is a connection between the two events.
For all of the reasons stated in the complete judgement, the Appeals Court
reversed the District Court's grant of summary judgement to PLAYGIRL and remand for further procedings.
[APRIL 2003]
JOSE SOLANO SUES PLAYGIRL MAGAZINE
Jose Solano who
played Manny Gutierez, is suing PLAYGIRL magazine. Jose appeared on the January 1999 issue in his red
Baywatch trunks and stated that the magazine never had his permission to put his photo on its front cover. He
also stated that it gave the impression that he poses nude. He stressed that he has never posed nude for any magazine. He
went on to say that it hurt his chances for acting opportunities.