2:24-cv-00831
D. Nev.Jun 27, 2025Background
- Aurore Sims sued Assia Souily-Lefave and Around Vegas LLC regarding a 2021 photoshoot in Nevada intended for publication, claiming copyright infringement, fraud in the inducement, and perjury.
- Sims alleged she paid upfront for all expenses after Souily-Lefave, facing financial hardship, agreed to split costs and work collaboratively without compensation.
- Sims claimed Souily-Lefave failed to reimburse her, prompting Sims to file a small claims action in Nevada, which was dismissed on the merits in favor of Souily-Lefave.
- Sims further contended that Souily-Lefave used one of Sims’s photos on a business Instagram page without permission.
- Sims filed additional small claims lawsuits in New York, which remained pending at the time of this decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Copyright claim preclusion | Federal copyright claim cannot be precluded by state small claims | Sims's claims are barred by res judicata and claim splitting | Not barred; claim proceeds |
| Perjury as a civil claim | Perjury actionable as private civil claim | No private cause of action for perjury | Dismissed with prejudice |
| Fraud in inducement, claim splitting | State claims not barred; federal/state actions differ | Multiple lawsuits on same facts violate claim splitting | Not barred by claim splitting |
| Fraud in inducement, res judicata | Different harm/claim than previously litigated | Same parties, events, and merits as prior Nevada claim | Barred by res judicata; dismissed with prejudice |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standards for federal claims)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (standard for facial plausibility in pleading)
- Holcombe v. Hosmer, 477 F.3d 1094 (9th Cir. 2007) (scope of res judicata/claim preclusion)
- Ayers v. Richmond, 895 F.2d 1267 (9th Cir. 1990) (finality of judgment once appeal period lapses)
- Maldonado v. Harris, 370 F.3d 945 (9th Cir. 2004) (full faith and credit to state court judgments)
- Noel v. Hall, 341 F.3d 1148 (9th Cir. 2003) (overlapping federal and state litigation may proceed)