“CIVIL CODE – CIV DIVISION 1. PERSONS [38 – 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. )
PART 2. PERSONAL RIGHTS [43 – 53.7] ( Part 2 enacted 1872. )
45. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation” (California Legislative Information).
The problem here for Dennis Feitosa aka “Def Noodles” versus Daniel M. Keem aka “Keemstar” libel lawsuit is that the plaintiff has to prove the burden of proof. Def Noodles and his attorneys has to prove actual malice. This malice have to be “clear and convincing” evidence of that. The team and the people around has to also prove that there is qualified privilege. Because a person is allowed to: “In the defamation context, a qualified privilege permits someone to make a statement that would typically be considered defamatory, but because of particular circumstances, a particular statement made would not be considered to be defamatory.” (Cornell Law School – Defamation).
The lawsuit claims that Keemstar should pay damages of $75,000 USD and attorney costs as well. Therefore, the team is thinking they can chuck this one out and not think it can be dismissed. What Keemstar can do is to use lots of allegations and assumptions from Def Noodles own show against him even. As he has targeted Keemstar for months on end and come with every sort of slur in the book. Therefore, Def Noodles is in trouble from the on-set in this case.
What is striking and gives leeway for Keemstar is in the tweet that he uses as main evidence in the case says explicitly:
“Def Noodles has allegedly groomed girls from ages 12-15.
Big Youtuber Source: “Victims are scared of him & wish to stay anonymous but may come forward soon” #DramaAlert” and he followed up with
“Def Noodles has declined to give us a comment on these allegations made against him”.
These two tweets was published on the 21st May 2021 on KeemStar’s twitter. It just proves that there is on libel standard for Def Noodles and another for him. Because, if this is the level and it’s stands in court.
James Charles and so many others should challenge Def Noodles in court for defamation and libel. They should file cases on the regular, as Def Noodles cannot cover a story or an alleged allegations without taking it too far.
I am looking forward for the attorneys to drop the burden of proof. They have to prove that these tweets has destroyed his reputation. While we all know that Def Noodles has destroyed that all by himself and by his constant lack of research on topic. Neither does he have comedic timing or punchlines. No, his just a cringe-fest and a tea-channel without doing proper work before going live with the stories on YouTube.
Def Noodles should look into his own statements and the content he has dropped on Twitter (before it was banned), Instagram and on his YouTube channel(s). He should be careful doing this… by going after Keemstar this way. The YouTuber should be worried about it coming back to haunt himself. As he is dropping videos daily and there is enough content to possibly pick him apart.
Def Noodles is suing for libel and has to prove it all now. Keemstar will turn this on his head and possibly find ways to return the favour. Certainly, Def Noodles has a lot to prove and his a man who isn’t sitting on the side of integrity or righteous actions. Dennis is the sort of hack and goes after online personalities to get more clicks on his videos. Therefore, he isn’t the guy who sells the truth from the soap-box or YouTube channels he runs.
There is enough cases where he has called people “dumb-fuck” and other slurs in combination of calling people “Alt-Right” without any justification. If that being Augie RFC or Rich Lux for that matter. This man has no trouble defaming or discrediting people without any sort of proof. He does it just because he can and his a comedian. So, it’s a supposed joke, but we know the drill here…
Well… well… Def Noodles, we knew you had thin skin, but now Keemstar will go for your chops. If the courts isn’t dismissing this. He has a burden of proof and needs to prove it all. That will not be easy.
What a waste of time and money. The moment Def Noodles looses this case. He should be worried that people could challenge him and sue him to oblivion too. It is not like Def Noodles has been an honest actor and by the look of it he never will be.
A YouTube villain who came to us as a “cat in a Mine-craft house” and turned into a trying to be an edgy commentator, which is clearly not working for him. We know that he cannot take a joke or understand them even. I think he has to settle with pallet-cleansers and pickle-ice-cream because that’s all he knows. Peace.
MinBane 
Disagree, keemstar posted on twitter, everyone knew this was a joke, but never redacted his statement and by the comments on the tweet, noone knew it was a joke. Calling people dumb fuck is not defamatory. Keemstar is a disgusting old loser who deserves some karma
Hi Brittany,
I am just looking forward to this eventually goes to the courts. Because, this was a replica of how he himself was “reporting” on social media and Twitter.
Keemstar can also use clips and prove how malicious he possibly been against him on his own YouTube show. Which will be hard to use the “satire” narrative on all of it. Therefore, this case will be an interesting one. If it isn’t dismissed and goes into discovery or into each team coming forward with defences of their clients. Because, Def Noodles doesn’t have a solid case. Since, there is a qualified privilege, which Keemstar’s team can use.
So, this on isn’t straight to the bank of either of them, but will be a goldmine for possible attorneys and their companies. Unless, they settle behind closed doors. Secondly, Def Noodles has to prove he has lost revenue and reputation because of this one tweet. That will be hard to prove. As his channel wasn’t hit directly by it. That has been shown on Social Blade alone. So, this case will be interesting to follow and what will happen if it transpires at all.