Judge Orders Brian King Joseph to Amend Suit Against Will Smith
Will Smith is still facing Brian King Joseph’s harassment suit, but a Los Angeles judge gave the violinist 30 days to add more facts before the case moves any further. Judge Michael Shultz said the complaint needs a stronger factual basis, keeping the dispute alive for now while forcing Joseph to tighten the allegations.
Michael Shultz on April 28
Michael Shultz heard arguments on April 28 on a motion by lawyers for Will Smith and Treyball Studio Management Inc. to throw out all claims against them. On Tuesday, he ruled that Joseph’s filing needs more support in an amended complaint.
That leaves the case in an odd middle ground: not dismissed outright, but not allowed to stand as written. For Joseph, the next filing is the point where he has to show the court he has more than broad accusations behind claims of sexual harassment, retaliation, wrongful termination and civil rights violations.
Dec. 30 filing by Joseph
Joseph filed suit on Dec. 30, saying Smith groomed him for sexual exploitation after inviting him to join the global tour “Based on a True Story: 2025.” The lawsuit says he was hired to perform at Smith’s personal invitation after hearing him play at Smith’s home, and it quotes Smith as saying, “You and I have such a special connection that I don’t have with anyone else.”
Joseph also says that in March 2025 he returned to his hotel room and found a handwritten note that read, “Brian, I’ll be back no later 5:30, just us,” along with a drawn heart, HIV medication, hospital discharge paperwork, wipes and other personal items. He says he reported what he found to the police, hotel security and Smith’s management team.
Defense calls suit a money grab
Within four days, Joseph says a Smith representative confronted him and asked, “Why did you lie and make this up?” before terminating him. The suit says he was replaced by another violinist, while defense lawyers said he was never invited to join the tour, was hired only on a per-show basis, arrived late to rehearsals and frequently disappeared mid-rehearsal.
Smith and Treyball’s attorneys called the case a “money grab” and described the allegations as “false and salacious allegations (that) undoubtedly make for tabloid fodder but, like most tabloid stories, they are untrue, inflammatory, legally baseless and are nothing but an attempted money grab.” Joseph now has 30 days to decide whether he can turn those claims into a complaint that survives another round of attack.
