By Stephen M. Silverman
Updated August 05, 2003 01:00 AM

A California judge has sealed allegedly topless photographs of Cameron Diaz taken at a private modeling session about a decade ago, before she was famous, reports the Associated Press.

Santa Monica, Calif., Superior Court Judge Alan Haber based his decision on the “Charlie’s Angels” star’s right to privacy of her own body, and has set a Sept. 12 date to hear her request for an injunction against photographer John Rutter.

Diaz is fighting to keep the photos private, and she claims she never signed a photo release, saying the paperwork produced by Rutter was a forgery. No criminal charge has been filed against the shutterbug.

Rutter’s lawyer, Michael Weiss, would not comment on the case.

Also included with the photos in the sealed legal package was a videotape, but lawyers for Diaz, 30, refused to comment on its contents. The star was not in the court for Monday’s session, said AP.

In mid-July, Rutter told TV’s “Inside Edition” that he’d contacted Diaz’s legal reps to offer them the photos before he would sell them to the highest bidder among media outlets.

“This was a negotiation for a right of first refusal with Cameron Diaz’s lawyers,” Rutter told the program. “A few hours after her lawyers offered to buy the photos, my place was raided.”

The Los Angeles County District Attorney’s Office confirmed to AP that Rutter’s apartment had been searched. The warrant was issued in an investigation “involving an incident where Cameron Diaz is the alleged victim,” according to D.A. spokeswoman Jane Robison.