A judge today denied a bid by Brian Austin Green and the actor’s wife, Megan Fox, to dismiss portions of a lawsuit by a paparazzo who alleges he was assaulted by the former “Beverly Hills 90210” star.
Los Angeles Superior Court Judge Debre Katz Weintraub ruled there were enough details in Delbert Shaw’s lawsuit to support his allegations against Green and Fox for intentional infliction of emotional distress, false imprisonment and conspiracy.
Shaw’s complaint also alleges assault and battery, conversion and negligence by Green, but those causes of action were not challenged via the motion.
Shaw’s attorney, Sark Ohanian, said he was pleased with today’s rulings, but noted the case is in the early stages.
Green, 39, and the 26-year-old “Transformers” star were photographed by Shaw while vacationing at the Four Seasons Resort in Hawaii last December, according to his complaint filed March 26.
He alleges they were so incensed that Green punched him with Fox’s encouragement.
“Are you going to let him get away with that?,” the bikini-clad Fox yelled to Green, according to the suit, which alleges the actor began hitting Shaw after taking the photographer’s iPhone and towel and throwing them into the ocean.
“During the entire physical altercation, … Fox verbally encouraged Green to continue his violent attack,” which did not end until hotel security intervened, according to the suit.
Green, star of the new TBS series “Wedding Band,” and Fox wed at the Four Seasons Resort in June 2010. She gave birth to their son, Noah, on Sept. 27.