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Under grounds that Farrell and the former Playboy playmate had not agreed to keep the tape private, Narain sought a dismissal of Farrell's suit. She also alleged that she had the right to reproduce, market and distribute it under federal copyright law.
But Superior Court Judge Elihu Berle instead instructed her legal team to file a response to Farrell's action against her, the Associated Press reports.
Earlier this month, it was reported that Farrell was being elusive about participating in the lawsuit, according to Narain's lawyers. "We've been trying to do the plaintiff's deposition for the last three months," attorney Leodis Matthews told CBS News. "We've heard everything from (drug) rehabilitation to travel outside the country."
In December, Farrell, 29, entered an undisclosed treatment facility for exhaustion and dependency on prescription medication related to a back injury, his publicist said. Since then, published reports have said that the once hard-living party boy has cleaned up his act.
