Ariana, 39, and Tom, 41, tried to get the case thrown out but will have to contest Rachel’s claims instead.
Rachel, 29, has accused her former lover, Tom, and ex-gal pal Ariana, of revenge porn, eavesdropping, invasion of privacy, and intentional infliction of emotional distress, according to Deadline.
Judge Daniel Crawley has set a November 3, 2025 trial date, though it is subject to change.
Vanderpump Rules alum Rachel took Ariana and Tom to court back in February.
On Thursday, Crawley heard arguments from both sides as Ariana and Tom’s respective attorneys moved to have the complaint gutted.
Lawyers cited California’s anti-SLAPP laws, which relate to free speech.
“Ms. Leviss has put her entire life, including her sex life, before the public,” Rachel’s lawyers argued of the distribution of footage showing Rachel masturbating, which is central to the case.
“This court is in a position to readily conclude by virtue of the evidence, she has violated numerous criminal statutes, and therefore her conduct is not protected activity,” a lawyer representing Rachel argued of Ariana allegedly showing the video, which she found on Tom’s phone, to others prior to their split.
“The law suggests that anything beyond the expressly authorized dissemination of pornographic materials constitutes revenge porn,” he continued.
“The act was intended to menace her, to terrorize her, to put her on notice that Ms. Madix knows about the affair and hates her.”
In addition to seeking damages, Rachel’s legal team has requested that all copies of an NSFW FaceTime call between her and Tom be destroyed.
They are also seeking an injunction to ensure that the video is never seen by anyone again.
LEGAL BATTLE
A portion of Rachel’s legal filing against Ariana and Tom was dismissed in May.
Crawley dismissed the aspect of Rachel’s filing stating that Tom secretly filmed or saved sexual content of her with the intent to injure her.
Rachel’s filing included a claim Tom recorded the footage without her knowledge, while Ariana was accused of disseminating the footage.
Tom filed a demurrer against the claim.
He stated that he “merely saved private copies of the videos that Leviss had filmed and shared with him,” according to Courthouse News Service.
At the time, one of Rachel’s attorneys claimed, “This was a FaceTime conversation, and he was secretly recording them for his own personal and sexual gratification.”
Crawley disagreed and opted to sustain Tom’s demurrer and dismiss the allegation.
The judge ruled that Tom hadn’t acted “with the intention of inflicting injury to” Rachel, according to the outlet.
“It strains credulity to imagine that secretly recording someone would not be an invasion of privacy. That feels like the very definition of invasion of privacy,” one of Rachel’s lawyers stated after the hearing.
The rest of her case continues despite the portion of Rachel’s filing getting dismissed.
RACHEL’S FILING
Rachel’s lawsuit was filed in February, months after news of her affair with Tom became public.
“Leviss became an object of public scorn and ridicule,” the 19-page lawsuit stated in part, according to Deadline.
“To be clear, Leviss has repeatedly acknowledged that her actions were morally objectionable and deeply hurtful to Madix. She has offered numerous apologies,” the report read.
“There is more to the story, however.
“Lost in the mix was that Leviss was a victim of the predatory and dishonest behavior or an older man, who recorded sexually explicit videos of her without her knowledge or consent, which were then distributed, disseminated, and discussed publicly by a scorned woman seeking vengeance, catalyzing the scandal.”
“Leviss ultimately checked herself into a mental health facility and remained there for three months while Bravo, Evolution, and the cast milked the interest her excoriation has peaked,” the documents continued.
The filing concluded with a statement about Rachel’s “tattered career.”
“To make matters worse, Leviss was misled by Bravo and Evolution into believing that she was contractually barred from speaking about her mistreatment,” it said.
“As a result, she suffered in silence as Bravo and Evolution watched viewership explode, and the rest of the cast enjoyed unseen levels of public recognition and professional opportunity.”
Rachel has been open with fans about struggling with her mental health in the wake of the scandal.
During an episode of her podcast, Rachel Goes Rogue, Rachel read part of a journal she kept while in rehab at The Meadows in Wickenburg, Arizona, where she voluntarily stayed for three months.
“My mom has ulterior motives, he says. He tries to talk me out of treatment. ‘They’re going to brainwash you. There isn’t such a thing called love addiction,'” she read aloud.
“‘This place is a last-ditch effort. Extending is a bad idea. You are becoming dependent on this place.’ He calls me selfish for staying,” she read from the journal.
Rachel also said that she turned to spirituality to help herself heal.