The Vanderpump (Legal) Rules: Scandoval Edition
A running list of the legal issues arising due to the scandal known as #Scandoval
The Vanderpump Rules cast is in shambles, after allegations that Tom Sandoval cheated on Ariana Madix with Raquel Leviss (or is it Rachel?) for 9 months. If you’re just catching up on this reality tv debacle, check out the NYT explainer.
My wife introduced me to the show years ago. As a fan of the show, it’s been interesting to see the personal drama that sometimes becomes legal drama.
So, as of 3/8 (6pm ET), here’s a list of the legal issues caused by #Scandoval:
Who owns the house?
Ariana and Tom are not married but bought a $2 million home together in the San Fernando Valley. Since they weren’t married, the first question is who holds title to the property? Did one of you have sole ownership? Was it a joint tenancy (50/50 split)? Did you buy it as tenants in common (50/50 split in rights to the home, but not to the economic interest)?
They likely did not create a cohabitation property agreement (strongly recommended for unmarried couples living together), so now they will have to sort out what happens to the house.
Since they live in Southern California, they can probably sell the house easily. But if not, who is going to pay the mortgage? If they do sell it, how are they going to split the profit? If they decide to keep the house and live together, how are they going to split the costs?
Did you pay back the HELOC?
Shortly after purchasing the house, Tom took out a home equity line of credit to get cash to invest in his new business venture, a bar. The beginning of this situation played out on TV. Ariana was convinced that, if Tom didn’t pay off the HELOC, she’d be fine. Lisa Vanderpump (and many others, including myself) were skeptical.
Now that Ariana and Tom are breaking up, she should be asking “Did Tom pay back the HELOC? If not, what happens when I move out?”
She’ll probably be responsible for paying it back if Tom does not (or cannot).
If they are able to sell the house, the HELOC will get paid off when the home is sold.
Who owns the bars?
Tom is a part owner of two bars/restaurants: TomTom and Schwartz & Sandy’s.
Ariana is likely due an interest in one or both of these. Here’s why:
She probably put her own money into the bars.
Even if she didn’t put her cash into it, we know Tom got a HELOC using the equity in the house. If Tom got a HELOC based on the full value of the house (not just his half of the rent), logically the loan proceeds should count as joint income. So, Ariana should be entitled to half of whatever the HELOC proceeds bought - in this case, Tom’s value of the bar(s).
Will the restraining order be granted?
After the news broke, Raquel was allegedly hit by Scheana Shay (allegedly in this case = social media rumor). Raquel has now filed a request for a restraining order. Quick explanation of how restraining orders work in California:
Requests for temporary restraining orders are held within 1 day of the request.
If the request is accepted, it is effective immediately.
Hearings for restraining orders must be held within 21 days (25 days if there’s a good reason for the delay) of the date of the temporary restraining order.
The respondent (the person against whom the order is sought) can file a response that explains, justifies or denies the alleged harassment.
At the hearing, the judge will hear all relevant testimony and will ask questions (if necessary). The judge will decide whether harassment exists using a clear and convincing evidence standard.
If the judge believes harassment exists, the judge will issue an order prohibiting the harassment.
The order shall last for no more than 5 years. It may be renewed for up to an additional five years.
People (again, on social media) have suggested that Raquel filed the petition for a restraining order to avoid having to appear at the Vanderpump Rules reunion. But Racquel has alleged that Schena gave her a black eye and TMZ has those photos.
A few follow up questions:
Was the temporary restraining order granted? Yep. Per TMZ:
A judge granted Raquel a temporary restraining order after she claimed her 'VR' castmate Scheana -- who's also BFFs with Tom's ex, Ariana Madix -- attacked her last Thursday in NYC. According to docs, obtained by TMZ, Scheana allegedly shoved Raquel against a brick wall and punched her in her left eye.
Raquel included photos of her bruised eye and cut face in her court filing. She's also afraid this could happen again -- she claims co-workers are telling her Scheana "doesn't regret the physical attack on me and would do it again if she found that further emotional distress was caused to our mutual friend."
When is the next restraining order hearing? See above - 21 days plus 3/7 = 3/28 or 3/29.
If Raquel shows up to the reunion, does that hurt her chances of winning the permanent restraining order? Yes, believe so. At the reunion, she’d obviously be around Scheana, which would show that a restraining order is not necessary. A related question is whether Scheana will be permitted to attend the reunion…honestly, based on the temporary restraining order granted today, probably not. Per TMZ:
“Scheana must stay at least 100 yards away from Raquel, her home and her workplace.”
If Raquel does not show up to the reunion, will Bravo fire her from the tv show? IDK, but I assume so.
Did anyone violate California’s revenge porn laws?
Rumor has it that Ariana found out about Tom’s and Raquel’s relationship when she was sent (or found on Tom’s phone) an explicit video of Raquel. It has been suggested that either (1) Raquel sent that video to Tom or (2) Tom screen-recorded Ariana on FaceTime without her permission.
Raquel’s lawyers have sent members of the cast cease and desist letters, noting that sharing such a video is a violation of California law with serious penalties. A first time offender can get up to 6 months in county jail, a $1,000 fine, and probation. Repeat offenders can get up to 1 year in jail.
Did Raquel’s lawyer bump up against the rules of professional conduct?
When Raquel’s lawyers sent the cease and desist letters, they sent them by email. At least in one instance, they sent the email directly to a castmate, Lala Kent, who has her own lawyer.
It is unprofessional for a lawyer to communicate directly with an opposing party who is represented by counsel. There are rules of professional conduct that prohibit this behavior.
In this situation, it’s probably not a violation of those rules because the rules require the lawyer to know that the opposing party has its own counsel. But still…it’s very unprofessional.