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Bit by a billionaire's dog? Or a case of extortion? A legal saga from an LA dog park

Laurence Darmiento, Los Angeles Times on

Published in Lifestyles

If Michelson chose Option A, she would have him and his dog expelled from the gym, file a report with police and animal control that would result in the dog being put down, and file a class-action lawsuit with other parkgoers that "will cost you a loooot of money."

If Michelson chose Option B, Evling texted, he could keep Blue as long as he paid her $85,000, kept his dog on a leash and didn't bring it to the park. She promised not to file a complaint with the gym so long as Michelson kept Blue away from her while she was training. She added she would sign a nondisclosure agreement that would be voided only if Blue attacked her or her dog again, not if Blue was aggressive with others.

"It is time for you take responsibility and suffer the consequences of your actions," she texted.

Several days later, Michelson asked Evling how she arrived at the compensation figure and how he and his wife, recording artist Alya Michelson, could trust that she wouldn't carry out her threats anyway.

Evling said she had consulted with several law firms and claimed the $85,000 would be less than a court judgment. She assured him she wouldn't talk to anyone or file legal action. "I AM a person of my word and just want to move on as much as you do and leave this in the past," she texted on April 27.

The negotiations then turned sour. Michelson told Evling he had just learned from several dog park friends that she was recruiting plaintiffs for a lawsuit, accusing her of "already breaking your promise." However, he said he was immediately sending a "good faith" payment of $10,000 if she would not take the steps she had outlined. "Hopefully, this small measure of restraint will be acceptable to you," he texted.

 

Evling disputed that she was preparing a lawsuit, contending she had only learned of the new alleged attack through a dog park chat group.

After being assured the $10,000 was a partial payment, Evling said she would not take further action as long as she received a contract by May 15 for the remainder of the $85,000. Michelson filed his extortion lawsuit days later on May 3.

Taylor said Evling had sought payment to resolve the matter informally without attorneys in the hopes of avoiding a "spectacle." "Now that Dr. Michelson decided to sue her first, she looks forward to her day in court," he said.

Attorney Ryan Baker, a founding partner of L.A. law firm Waymaker, reviewed the exchange to offer an opinion on whether it amounted to civil extortion, which under California law includes receiving a benefit such as money through the threatened exposure of any "disgrace or crime" even if falsely alleged.

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