According to the couple, Hurley snuck onto the location of the October 2013 marriage proposal at AT&T Park in San Francisco, with the intention of filming and leaking the proceedings. Hurley was forced to sign a nondisclosure agreement barring him from sharing information about the proposal, which was supposed to be highlighted exclusively on E!’s Keeping Up With The Kardashians. However, soon after the proposal was over Hurley leaked the footage onto MixBit before the airing of the E! Special, resulting in KimYe issuing a lawsuit in November 2013.
Hurley’s lawyers appealed a March 2014 ruling by a Los Angeles judge allowing the case to proceed, and argued that a loophole meant posting the footage wasn’t a violation of the confidentiality agreement.
The 2nd District Court of Appeal in Los Angeles upheld the ruling yesterday (Apr. 22), saying KimYe had a strong case on claims of breach of contract, fraud and unjust enrichment against the YouTube founder.