A three-member panel of the Second District Court of Appeal refused to rule that plaintiff Sam Lutfi had such a tarnished image that he could not sue for defamation. Spears' mother, Lynne Spears, had asked the justices to become the first California court to adopt a "libel-proof doctrine" that a person cannot sue for defamation if their reputation is so bad that it cannot be further damaged by potentially false statements.

Lutfi sued Lynne Spears and her daughter for libel and defamation in February 2009, claiming he had been falsely accused of controlling the singer and grinding pills into her food during a turbulent period. The lawsuit cited numerous passages from Lynne Spears' book, "Through the Storm: A Real Story of Fame and Family in a Tabloid World," in which she described him as a "Svengali" and "predator."

Lynne Spears had asked a Los Angeles Superior Court judge to throw out several of Lutfi's claims for damages, stating the passages in the book were true and had been widely published. The judge refused, and the appeal was filed. It was the subject of oral arguments Nov. 18, during which Lutfi's attorney noted the book remained widely available.