Rodriguez v. Netflix CA2/2

CourtCalifornia Court of Appeal
DecidedAugust 28, 2025
DocketB338932
StatusUnpublished

This text of Rodriguez v. Netflix CA2/2 (Rodriguez v. Netflix CA2/2) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Netflix CA2/2, (Cal. Ct. App. 2025).

Opinion

Filed 8/28/25 Rodriguez v. Netflix CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

FRANCISCO FERRERAS B338932 RODRIGUEZ, (Los Angeles County Plaintiff and Appellant, Super. Ct. No. 23STCV08993)

v.

NETFLIX, INC., et al.,

Defendants and Respondents.

APPEAL from orders of the Superior Court of Los Angeles County, Bruce G. Iwasaki, Judge. Affirmed. Rufus-Isaacs Acland & Grantham, Alexander Rufus-Isaacs; and Rodney Smolla for Plaintiff and Appellant. Latham & Watkins, Marvin S. Putnam, Laura R. Washington, Sakina J. Haji; Jenner & Block and Peter E. Davis for Defendants and Respondents. ____________________ Plaintiff Francisco Ferreras Rodriguez (Ferreras1) appeals the trial court’s orders granting a Code of Civil Procedure section 425.162 special motion to strike, granting a motion to quash service of summons, and making certain evidentiary and discovery rulings in this defamation action. We conclude the trial court did not err in granting the anti-SLAPP motion. We also conclude California courts lack personal jurisdiction over Belgian company Versus Production SRL (Versus). Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Ferreras is a professional no limit freediving champion who set 21 world records over the course of his career, the most recent in 2003. Freedivers hold their breath while underwater and do not use a breathing apparatus. Freediving comprises several categories with different equipment and rules, including no limit, CNF (constant weight no fins), and CWF (constant weight with fins). In no limit freediving, the diver is attached to a sled that is lowered underwater to a specified depth; the diver then inflates a lift bag, which fills with air to return the sled and the diver to the surface. Ferreras was married to Audrey Mestre, herself a world record setting no limit freediving champion who learned the sport under his tutelage. Mestre died in an accident on October 12, 2002, while attempting a new world record no limit freedive of 171 meters in the water off the Dominican Republic. This appeal arises from a lawsuit Ferreras filed in April 2023 for defamation and false light invasion of privacy in the French film,

1 Plaintiff is called by several different names in the briefs and record, but we adopt the name he used in his complaint. 2 Undesignated statutory references are to the Code of Civil Procedure.

2 Sous Emprise (Netflix, Inc. 2022) (in English, No Limit) (the Film). Ferreras claimed that while the Film “present[s] itself as a fictional work,” it was a thinly veiled portrayal of his life with Mestre and the events of her death, and that it falsely implicated him in causing her death. Defendant David Rosenthal wrote and directed the Film. Defendant Netflix, Inc. (Netflix, and with Rosenthal, the Netflix Defendants) acquired the streaming rights to the Film in 2021 and released the Film to its customers worldwide in 2022. Defendant Versus is a Belgian limited liability company that produced the Film and licensed it to Netflix. I. The Film Netflix promoted the Film as a “ ‘romantic drama’ ” about a “ ‘young woman [who] finds deep, destructive love with her record- holding freediving instructor.’ ”3 As the Film begins, a message appears after the opening credits stating “inspired by real events.” (Capitalization omitted.) The Film’s main female character is Roxana Aubry, “a beautiful, athletic young French woman in her 20’s.” Roxana attends a diving course taught by “2015 world champion Pascal Gautier” in Porquerolles, France in May 2016. (Capitalization omitted.) She becomes romantically involved with Pascal and joins his diving team. They live together in Porquerolles and attend international diving competitions. In August 2016, Pascal sets a new world record freedive of 172 meters. Pascal stops freediving competitively on his doctor’s advice after he suffers underwater blackouts. He teaches the sport to

3 The facts in this part are derived from the complaint and our review of the copy of the Film included in the record on appeal.

3 Roxana, who begins to compete internationally and sets a French women’s CWF record at her first competition in Italy in 2016. At the same competition, a blonde female American diver sets a new world record in no limit freediving for both men and women. Roxana’s relationship with Pascal deteriorates over the remainder of the Film. They argue frequently and both become romantically involved with third parties. The climax of the Film occurs at a diving competition in Guadeloupe in 2017, where Roxana will attempt a new world record no limit freedive of 180 meters. After a teammate checks Roxana’s dive equipment, Pascal is shown hunched over the air tanks, doing something with his left arm. When he is confronted, he confirms he was checking the tanks; the team lowers Roxana’s equipment into the water. Roxana successfully dives to the target depth of 180 meters, but when she tries to ascend, the lift bag will not inflate to return the sled to the surface. Roxana loses consciousness and releases the sled, which ascends without her. Roxana’s body is retrieved and brought to the surface after more than eight minutes. The team’s attempts to resuscitate her are unsuccessful, and she dies. When a dive team member is questioned by the police about the incident, he tells them the air tank was “full and functional.” An officer asks him, “What do you think happened to all that air?” He does not respond, and his face is replaced on screen by Pascal’s; Pascal also remains silent. Before the closing credits, an in memoriam page appears with a photograph of Mestre, stating: “In memory of Audrey Mestre, 1974–2002. Audrey tragically died on October 12, 2002 in the Dominican Republic while attempting to beat the world record at 171 meters.” (Capitalization omitted.) Immediately afterward,

4 another message appears stating “This film remains a work of fiction. Any resemblance to reality is purely coincidental.” II. The Complaint and Anti-SLAPP Motion Ferreras filed his complaint for defamation and false light invasion of privacy on April 21, 2023, against the Netflix Defendants, Nolita Cinema,4 and a number of Does. He claimed the Film was “a thinly disguised portrayal of Ferreras and [Mestre] and the events leading to [Mestre’s] death.” To that end, he alleged a list of similarities between Ferreras and the character Pascal, between Mestre and the character Roxana, and between the circumstances surrounding Mestre’s and Roxana’s deaths. Moreover, Ferreras claimed the Film defamed him by “falsely stat[ing] or impl[ying] that [he] intentionally caused his wife’s death.” The Netflix Defendants moved to strike the complaint pursuant to the anti-SLAPP statute. (See § 425.16; Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1055 (Rusheen) [defining anti- SLAPP].) They argued Ferreras’s claims arose from their protected activity of creating and distributing the Film, and Ferreras could not demonstrate the requisite probability he would prevail. Among other things, they argued no reasonable viewer of the Film could understand it as conveying actual facts about Ferreras. Ferreras moved to conduct limited discovery pertaining to the actual malice element of his defamation cause of action in order to oppose the anti-SLAPP motion. The Netflix Defendants opposed on the ground Ferreras had no good cause for discovery because he could not make out the other elements of defamation.

4 Ferreras later dismissed Nolita Cinema with prejudice.

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Bluebook (online)
Rodriguez v. Netflix CA2/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-netflix-ca22-calctapp-2025.