Chad Hurley, who co-founded YouTube, claimed when he videotaped the proposal at AT&T Park and later released it on his website MixBit, he had no idea he had signed a confidentiality agreement.
But Tuesday in Los Angeles Superior Court, a judge rejected a dismissal motion that contended the suit violated Hurley’s free-speech rights.
TMZ says the power couple — who are seeking “unspecified damages” — could score a big payday since the judge said Hurley could be liable for fraud, opening the door to theoretical punitive damages of millions of dollars.
“We’re very confident going into the next phase of this case,” their attorney Eric George said, according to The Associated Press. The trial is set for Nov. 17.