Storage Wars Lawsuit: Judge Limits Scope of David Hester Claims

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David Hester's lawsuit against A&E, claiming he was wrongfully terminated and that Storage Wars is rigged, has been somewhat limited by judge's ruling.

As such, A&E has drawn first blood in this legal battle.

Dave Hester Picture

L.A. Superior Court judge Michael Johnson tossed Hester's claim of unfair business practices, and stated that his wrongful termination claims must be more specific.

Hester is a professional buyer of abandoned storage lockers; Storage Wars shows him and other buyers competing for the contents of those lockers.

He is challenging the producer's allegedly unethical behavior in "salting" storage units, which he says runs in violation of the Communication Act of 1934.

David Hester says A&E engages in the banned practice of "influencing, prearranging, or predetermining outcomes" in "contests of knowledge, skill, or chance."

Another of Hester's claims was that A&E committed unfair business practices, by making it appear that he is less skillful than his competition.

In response, A&E brought an anti-SLAPP motion to this claim.

Johnson said the claim arises from constitutionally-protected activity and the burden thus shifts to Hester to demonstrate "probability of prevailing" before proceeding.

The judge says he can't make the case, noting that unfair competition only regulates business practices within the arena of commercial speech.

Hester's claim, Johnson claims, "arises entirely out of non-commercial conduct concerning the production and broadcast of an expressive work."

Hester's lawyer attempted to point out that some of the activity that is being objected to wasn't aired. For example, producers issued press releases.

The judge found the argument "not persuasive," saying there is a distinction between speech promoting commercial activities and speech within expressive work.

The judge also dismisses Hester's claim of wrongful termination of employment in violation of public policy, but allows Hester to revive the claim with more specificity.

Hester's other claims for breach of contract and breach of implied covenant of good faith and fair dealing weren't addressed at the hearing this week.

A&E says Hester is trying "to convert a garden-variety breach of contract claim into a tabloid-worthy drama, in which Hester portrays himself as a crusading whistleblower."

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Hester should shut his Yupp, we like the show again now that his over aggressive bully smear attitude was tossed.

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Funny, he only complained after they shit canned the little fat prick. Dave hester is a loud mouth punk, I'd give anything to run into him on the street and fracture that fat little smirking face. I'd take the assault charge gladly just to give that tubby faggot a lifelong limp.

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@ Victor M

with the way you speak, your a vile POS, that does deserve to get his face bashed in

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@ Victor M

you talk big, id beat you into the ground, loser

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u guys are unbelievable dave was a boss that dude always made money and now storage wars isn't worth 1 second of my time

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Dave hester is just full of s**t anyway his prices are unbelievable says stuff are worth 5x what youd pay for them glad hes gone

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glad to see the jerk is gone!

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You're all a bunch of morons. Dave Hester made this show. Now he's gone. There will be no 'yuuuuup!' Without which there will be no Storage Wars. Count on that!

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THESE ARE WHAT IS CALLED : SCAVENGERS !!!! NOTHING MORE

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I am so glad he left the show,He is the biggest asshole. On the show. Mr asshole yupp.

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I stopped watching Storage Wars because of Dave Hester. He is pushy, overbearing, rude, and has other qualities that no one should have to endure. He way over prices his merchandise to attempt to make it look like he makes better profits than all others. Honestly, who is going to pay more for a stove or other appliances you can but cheaper brand new. Also, I but much nicer stuff that he says he can sell for $500 cash and carry from rent to own stores. My black computer desk w/full hutch drawers, cubby holes I paid $99 for. My living room suit that is in better shape than I've ever seen him pull out for $600-700 I bought for $150 with built in recliners. He also ticks me off when he tells value of baseball cards without even looking at them...80's baseball cards were way over produced and only limited ones are worth anything at all. He is there for show and nothing else. Thank God that Cocky Jerk is GONE!!

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@ Kandy Mason

I agree with you! Glad the bitch is gone with his man purse. Problem is, now they have a possible new whiney little bitch who is paranoid the auctioneer is giving info about items in a locker, and has become a little police bitch about it. Jeff is his name, and he is going to be a problem!

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@ Andre

His prices "estimates" were ridiculous. He never ever made the kind of $$ he claimed he did. Disgusting, mean-spirited swine, with apologies to wines everywhere.

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@ guest

Think you're right about Jeff....always complaining, telling tales like a little girl.

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I stopped watching Storage Wars because of Dave Hester. Now that I found out he is no longer on the show I will start watching it again. Thank you A&E.