Aug 21, 2008 1:21 pm US/Pacific
Lawsuit Claiming Woman Was Fondled Is Not Resolved
LOS ANGELES
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A woman alleges she was fondled by a man while having a massage at the Beverly Wilshire hotel last August.
CBS
Pretrial mediation failed to resolve a negligence lawsuit filed by a woman who alleges she was fondled by a man while having a massage at the Beverly Wilshire hotel last August, attorneys in the case told a judge Thursday.
During a post-mediation status conference before Los Angeles Superior
Court Judge Paul Gutman, lawyers for plaintiff Nicole Gracia and the hotel said they will continue to exchange information in preparation for the trial, which is scheduled for next April.
The suit also names Gracia's alleged assailant, identified as New York
attorney Michael Manoussos, as a defendant.
Her lawyers tried, but failed to have a default entered against Manoussos for allegedly failing to respond to the complaint.
Hotel officials have denied the negligence claim, but have filed a cross-
complaint against Manoussos asking that he be ordered to pay any damages assessed against the Beverly Wilshire in Gracia's case.
Gracia's court papers allege she was receiving a massage in a spa at the
Beverly Wilshire on Aug. 16, 2007, when Manoussos allegedly entered the treatment room and fondled her breasts.
Gracia says she was relaxed at the time, with her eyes closed, and did
not see the intruder come into the room. He was about to kiss her when, alarmed by being touched, she asked him what he was doing, according to her court papers.
"Manoussos then turned around and walked out of the room without
explanation," the lawsuit alleges.
Gracia claims she later found out that two hotel employees in the
reception area let the man into her private massage room after he said his wife was getting a massage and insisted on seeing her immediately.
The two employees did not ask him for identification or his room key,
according to the suit.
Manoussos later allegedly told Beverly Hills police he thought Gracia
was his wife until she spoke out and objected to being touched, but the
plaintiff and the lawyer's wife have sharply different physical descriptions,
according to the suit.
Manoussos was not present in court Thursday, and an attorney did not appear on his behalf.
A statement issued by lawyers for Gracia in January, when the suit was
filed, stated she was a previous winner of a Southern California beauty.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)
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