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Judge Thang Nguyen Barret has thrown out a lawsuit against Twitch that alleged the website exposed plaintiff Erik Estavillo to “many sexually suggestive women streamers through Twitch’s twisted programming net code, making it nearly impossible for the plaintiff to use Twitch without being exposed to such sexual content.” According to Estavillo’s complaint, the plaintiff “suffers from Depression, OCD, Panic Disorder, Agoraphobia, and Crohn’s Disease” and his subscription to Twitch Prime “extremely exacerbated his condition.” Estavillo was looking for $25 million in damages, and also wanted to see several prominent female streamers, such as Pokimane and Alinity, banned from the streaming platform.
The lawsuit was filed in the Santa Clara Superior Court of California. According to the judge’s ruling, “the “exhibits” submitted by Plaintiff [Estavillo] with his opposition do not identify, much less support, any claims under California law.” The case has been dismissed with prejudice, meaning that Estavillo will be unable to appeal the ruling.
The original complaint against Twitch indicated that Estavillo follows 786 women on the streaming platform, and no men. Estavillo claims that this is because the platform does not allow him to filter by gender. As such, when conducting a search by game, he would have to select from thumbnails of the men and women, the latter of which were often “scantily clad.”
Notably, this is not the first lawsuit that Estavillo has had thrown out of court. According to Destructoid, the plaintiff has made several attempts at suing Sony, Microsoft, and Nintendo for various reasons over the years. He tried to sue Sony multiple times following a ban he received from PlayStation Network. In the case of Microsoft, Estavillo sought $75,000 for “undue stress” caused by the red ring of death from his Xbox 360. Last but not least, he also attempted to sue Nintendo for disabling a Homebrew channel he had created on his Nintendo Wii, which he was using to pirate software.
It should come as little surprise that Estavillo’s latest lawsuit has once again been tossed out of court. For now, fans of streamers like Pokimane and Alinity can breathe a sigh of relief. It remains to be seen what Estavillo’s next move might be, but it seems like a safe bet that gaming companies have not heard the last of him.
What do you think of Estavillo’s allegations? Are you happy the case was tossed out of court? Let us know in the comments or share your thoughts directly on Twitter at @Marcdachamp to talk all things gaming!