Stephen M. Silverman
April 05, 2006 08:00 AM

Cameron Diaz has been awarded an undisclosed amount in her civil lawsuit against a photographer who took topless photos of her when she was 19 and not yet famous – and then tried to sell them back to her for $3.5 million in 2003.

Los Angeles Superior Court Judge Valerie Baker made her summary judgment in favor of Diaz, 35, on March 9, though the decision was not made public until last week. Judge Baker also dismissed a countersuit filed against the In Her Shoes star by the photographer, John Rutter, the Associated Press reports.

A hearing is still pending on whether Rutter should pay Diaz’s legal fees for the civil case – listed in court documents as $650,000.

Saying that a model-release form was forged, Diaz filed suit in July 2003 after Rutter attempted to sell her the images before offering them to other parties. Rutter countersued, accusing Diaz of fraud and breach of contract.

Once Diaz’s attorneys brought the case to police, Rutter was arrested and brought to trial. He was convicted last year of forgery, perjury and attempted grand larceny, and has been serving a nearly four-year prison sentence.

The judge also issued a permanent injunction prohibiting the sale, license or other use of the photos and a videotape shot in 1992.

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