A judge has dismissed four employment discrimination claims in a sexual abuse lawsuit filed by Vin Diesel’s former assistant, marking a partial victory for the actor as the case moves forward with the remaining allegations of sexual battery and wrongful termination against him.
Why did Asta Jonasson file the sexual abuse lawsuit?
The assistant, Asta Jonasson, filed the sexual abuse lawsuit in Los Angeles in December 2023. She accused the Fast & Furious actor of allegedly pinning her against a wall in a hotel suite and masturbating in front of her. Variety reported that the alleged incident happened in 2010 at an Atlanta hotel.
In California, sexual assault claims typically have a 10-year statute of limitations from the date of the alleged incident.
However, Gov. Gavin Newsom’s 2023 law, the Sexual Abuse and Cover-Up Accountability Act, allows certain expired claims to be revived in cases dating back to 2009.
‘Plaintiff’s FEHA claims are time-barred’
On Tuesday, Judge Daniel M. Crowley ruled to dismiss the first four claims under the California Fair Employment and Housing Act: discrimination in violation of FEHA; hostile work environment in violation of FEHA; retaliation in violation of FEHA; failure to prevent discrimination, harassment and retaliation in violation of FEHA, per Variety and People.
In the tentative ruling of the case, Crowley stated that the law did not extend the statute of limitations deadline to first file an administrative complaint starting in 2010. Because of that, the four claims under FEHA were excluded by the statute of limitations.
“Plaintiff’s FEHA claims are time-barred because she failed to timely exhaust her administrative remedies by filing a CRD complaint within one year of the alleged adverse action, a jurisdictional requirement for a FEHA lawsuit,” the judge wrote.
What are the remaining claims?
Jonasson also filed additional allegations of retaliation, wrongful termination, sexual battery, negligent supervision and retention, and infliction of emotional distress, according to Variety. Because these claims do not require an administrative complaint, Crowley did not address them in his ruling.
Attorneys for both sides speak out
“It is unfortunate that a person who worked for the company for less than two weeks 15 years ago in another state is allowed to use the California court system to assert such baseless claims,” Diesel’s attorney, Bryan Freedman, exclusively told People.
Freedman continued: “The court today granted our client’s motion in full dismissing half of this frivolous case.”
“Next, we will present irrefutable evidence that the remaining fictitious allegations alleged herein did not occur and finally end what remains of this maliciously filed lawsuit,” Freedman said.
Meanwhile, Jonasson’s attorney, Matthew T. Hale, pushed back against the court’s ruling on Tuesday in a statement to People: “While we respectfully disagree with the court’s decision on this limited legal issue, the court made no factual findings that impact the remaining causes of action in this case.”
“We will continue to advocate vigorously on behalf of our client, who remains committed to seeking justice,” he added.
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