Kesha's legal hopes have been dashed yet against as New York Supreme Court Justice Shirley Kornreich disallowed Kesha's attempt to submit amended counterclaims on Tuesday. The petition was filed in the end of January, and likened their situation to an attempt at a divorce from an abusive spouse.
Since then, things have only gotten uglier between Kesha and Dr. Luke (real name Lukasz Gottwald), the man she's suing to release her from her contract. Kesha released emails that appeared to show Dr. Luke making negative comments about Kesha's weight. Dr. Luke, in response, released emails that showed that he wasn't the one making the comments, and showed him praising her for her singing and appearance.
Now, she's been dealt another blow as Judge Kornreich agrees with Dr. Luke's attempt to block her counterclaim. Kesha's original complaint centred around refusal to send accounting statements or pay her proper royalties.
"Here, Kesha made no showing that it would have been futile to send an appropriate notice or that she was prevented from doing so," the judge writes in her opinion, as obtained by The Hollywood Reporter. "Thus, Kesha may not assert a counterclaim for breach of the Prescription Agreement."
Kornreich went much further, ruling that Kesha failed to perform as stipulated by her recording agreement and didn't give proper notice as stipulated under her songwriting agreement, there isn't any basis to say that Dr. Luke breached their contract. Kornreich further disallowed Kesha's attempt to get declaratory relief, as she argued performing under Dr. Luke was impossible because of their damaged relationship. Kesha's team argued that Sony's deal with Kimosabe, Dr. Luke's record label, was expiring, and would therefore not be able to act as a go-between between her and Dr. Luke.
"It is speculative, not justiciable, whether Sony's contract is ending and whether it will be able to assist after this month," the judge wrote. "Furthermore, KMI [Dr. Luke's company] may not choose to exercise its options for future albums after the third is released. Finally, with respect to the Prescription Agreement, signed in November 2008, Gottwald's allegedly abusive behavior was foreseeable."
The judge also rejected Kesha's attempt to use California's seven-year limit on personal service contracts to end their legal relationship, citing more restrictive New York law.
So, basically, no luck for Kesha.