Garcia insisted that she was told that she would play a role in “Desert Warrior,” an “historical Arabian Desert adventure film.” She insists she had no idea that Nakoula Basseley Nakoula was doing an anti-Muhammad film. She insisted that the film constitutes an invasion of privacy and violated copyright laws. She claims that the script did not mention Mohammed and “intentionally concealed the purpose and content of the film.” She claims that she was also never told that her voice would be dubbed in Arabic. She is claiming false light invasion of privacy, violation of publicity rights, fraud, unfair business practices, slander and intentional infliction of emotion distress.
The principle reason for the denial was the fact that Garcia was unable to serve a copy of the lawsuit on Nakoula Basseley Nakoula. She reportedly served Steven Seiden, Nakoula’s defense attorney, but Seiden said that he is not representing Nakoula in the civil matter.
However, the judge also denied the filing on the basis for the unlikelihood of prevailing on the merits.
There is some skepticism that Garcia would not have an inkling of the nature of the film or that she did not consent to the use of the film by participating in it. Yet, the dubbing of the film, if true, does create a novel claim that is worth following.
Source: Wired