Texas Supreme Court Allows Defamation Case Against Netflix to Move Ahead

Johnston Tobey's Chad Baruch represents woman claiming defamation over ‘Dirty Money’

DALLAS, February 05, 2024--(BUSINESS WIRE)--The Supreme Court of Texas has denied an attempt by video streaming company Netflix to end a defamation case brought by a Texas woman who claims she was harmed by a March 2020 episode of the Netflix television show "Dirty Money."

The episode, "Guardians, Inc," by award-winning producer Alex Gibney, suggested Tonya Barina was abusing her responsibility to her great-uncle, Texas millionaire Charles Thrash, the owner of a successful auto repair business in San Antonio. Court records indicate Mr. Thrash is incapacitated by Alzheimer’s disease. Ms. Barina is legal guardian of his estate.

Ms. Barina sued Netflix in 2021 alleging that the program falsely accused her of exploiting Thrash while failing to include information about Mr. Thrash’s girlfriend, Laura Martinez – who was denied guardianship of Mr. Thrash – and her attorney Philip Ross, both of whom were sanctioned for more than $225,000 for what the guardianship court deemed their "intentional, knowing and outrageous conduct."

According to court records, the two "engaged in a scheme to cause Thrash, a totally incapacitated individual without the capacity to contract or marry, to participate in a marriage ceremony." The marriage, to Ms. Martinez, later was annulled. Ms. Martinez and Mr. Ross also tried to have Mr. Thrash adopt Ms. Martinez’s adult children.

Those records also show that Ms. Martinez and Mr. Ross engaged in "fraud upon the Court" and interfered with Barina in the performance of her duties as guardian. The Court found that Ms. Martinez "will testify to whatever facts are necessary for the moment to achieve their purposes."

Barina alleges that Netflix had the records in question, but instead relied heavily upon the statements of Mr. Ross and Ms. Martinez.

Following Ms. Barina’s lawsuit, lawyers for Netflix filed a motion to dismiss under the Texas Citizens Participation Act, a law designed to protect free speech rights. The trial court denied that motion, and with the Texas Supreme Court decision declining without comment to review the case, Ms. Barina can continue her suit against the media company.

"Tonya Barina deserves justice, and with the action of the Texas Supreme Court, now she is in a position to move forward and get it," said Chad Baruch, managing shareholder of Johnston Tobey Baruch in Dallas. "Everyone is in favor of free speech, but that's not what this case is about. It’s about Ms. Barina’s allegation that Netflix made her the bad actor here when she’s not."

To hear Mr. Baruch discussing the case, click here.

Mr. Baruch was brought in alongside Ms. Barina’s attorneys Carl J. Kolb and Glenn Deadman to assist with the Texas Supreme Court appeal.

The case is Netflix v. Barina, No. 22-0914 in the Supreme Court of Texas.

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Texas Supreme Court Allows Defamation Case Against Netflix to Move Ahead

See Also:
Episode of Netflix Show ‘Dirty Money’ Found to Be Potentially Defamatory

Netflix Must Face Defamation Suit Over ‘Dirty Money’ Episode

Texas lawyer, Netflix lose defamation appeal concerning multimillionaire's court-appointed guardianship

Defamation lawsuit against Netflix linked to “Dirty Money” episode “Guardians, Inc.” which has a Massachusetts plot

San Antonio lawyer, Netflix sued for defamation over elder guardianship of 83-year-old

By David Yates

SAN ANTONIO - A San Antonio attorney has been sued for defamation over a Netflix series called Dirty Money, which featured the guardianship of an elderly man who had some $3 million in assets, according to a press release.

Tonya Barino alleges in her 29-page complaint that attorney Phil Ross and his paralegal Jo Anne Rivera participated in a conspiracy that destroyed Barino’s name and reputation while involved in the guardianship proceedings of 83-year-old Charles Thrash.

“Phillip Ross is an attorney of incompetent and reckless charlatan-esque repute,” Barino’s pleading states. 

As previously reported in Southeast Texas Record, Thrash owned an automotive shop on West Avenue in San Antonio for 50 years and had been in the news for marrying his divorcee girlfriend, Laura A Martinez, without his court-appointed guardian’s permission.

Plaintiff Barino also names Laura A. Martinez and her adult children Brittany A. Martinez, Jose H. Martinez, and Michelle C. Martinez as defendants.

“Through various platforms, Laura, Brittany, Michelle, and Joe published statements of and concerning plaintiff that each knew to be false, intentionally disregarded known falsity and intentionally defamed the plaintiff with a specific intent to defame and harm the plaintiff,” the complaint states. 

A Free Charlie Thrash website states that Thrash has not been seen in 741 days and a Youtube channel called Charlie Thrash's Friends features various videos.

Barino's lawsuit references the Netflix series Dirty Money, in which an episode portrayed the alleged misuse of legal guardianship proceedings concerning Charlie Thrash. 

“The gist of the episode is that Thrash and the sources, Laura and Brittany are victims of the plaintiff's overreaching and abusive conduct toward Thrash and that Ross is some type of hero and that the plaintiff is a villain,” Barino’s Austin attorney Carl Kolb wrote. “The episode also gave an audience to Ross and his paralegal Jo Anne Rivera. Both falsely and intentionally defamed the plaintiff.”

The Dirty Money episode aired on March 11, 2020, but has since been removed from the Netflix menu of offerings.

“Martinez’s children, Brittany, Michelle, and Joe, before and after the airing of the episode have all made similar online comments concerning the plaintiff,” Barino’s attorney alleges. “Hundreds of people around the world have chimed in the chorus of lies published by the defendants, republishing the defamatory material and further libelous and obscene comments, which continue today.”

The complaint further states that nearly a year before the episode aired in May 2019, Attorney Ross was sanctioned in the sum of $222,974 for conspiring with Laura to fleece the Thrash estate and is currently being subjected to disciplinary proceedings.

Netflix, Alex Gibney, and Gibney’s Jigsaw Productions are also named as defendants in Barino’s lawsuit.

“The degree to which the episode skewed the facts demonstrates that the Jigsaw defendant did so with actual malice or with a specific intent to sensationalize the defamatory information for the purpose of harming the plaintiff for profit,” Barino’s pleading states.

Gibney is an American documentary film director and producer who graduated from UCLA Film School and Yale University.

“In the midst of an ongoing global pandemic during which much of the world's population has been quarantined at home watching television, the above-named defendants published or caused to be published worldwide and or appeared in an episode of the Netflix series, Dirty Money, entitled Guardians, Inc., in which plaintiff was falsely and maliciously defamed," Plaintiff's attorney states.

The lawsuit was filed in Bexar County's 285th Judicial District.

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San Antonio lawyer, Netflix sued for defamation over elder guardianship of 83-year-old