According to Santa Ana court filed documents David Klassen has countersued Bralalalala for extortion and malicious prosecution. His cross complaint for extortion, however, and much of his court answer, were thrown out by the trial court for insufficiency. The trial court ruled that with no transaction and wrongful use of power, there can be no extortion. Bralalalala claims the director and his girlfriend merely filed the cross complaint in response to being sued, and wish to stifle her rights. Klassen answered the libel charge of the website with defenses of "truth," and "first amendment."
According to a sworn statement filed in the Laguna Hills, Calif., Courthouse, Klassen answered to a restraining order request to remove the alleged libel website by saying the singer is just using his name to obtain notoriety, and that he has nothing to do with the website or sexual battery. He says he submitted to DNA testing figuring no match was found. Klassen also states in the statement that he made successful efforts leading to the removal of the singer's MySpace and other internet pages. According to Santa Ana Courthouse documents, the cross complaint of attorney Marsili states that the site is in fact owned and updated by Marsili to help Klassen.
The complaints agree that the parties met after Bralalalala responded to Yolanda Marsili's "strictly platonic"-categorized Craigslist posting, wherein the singer was to meet Marsili at her home with a group of people including her boyfriend Klassen. Both parties agree that Klassen reviewed the MySpace photos and knew she was transgender before meeting her. Klassen's cross complaint response states that the time alone between the two was actually spent arguing about whether Bralalalala could have sex with Marsili and that no incident occurred. Klassen's cross suit claims other parties were involved in setting him up, but he has not served them with the complaint.
The next hearing date is re-set for the Santa Ana courthouse on Dec. 12 at 10:30 a.m. wherein Klassen and Marsili have asked that all police evidence , including DNA and interview evidence, in the case be disallowed on the basis that Klassen was not criminally charged.