According to court documents obtained by The Blast, de la Huerta claims on December 7, 2010 she accepted a ride home from Weinstein to her apartment in New York City following an event.
She claims Weinstein "continuously pressured" her to have a drink with him and "insisted" on coming up to her apartment to discuss a work opportunity.
"Once inside of De La Huerta’s apartment," the lawsuit claims, "Weinstein made warnings to De La Huerta about harm to her career if she did not submit to sex, then forced himself on De La Huerta and raped De La Huerta. Defendant Weinstein taunted Plaintiff by relaying that he would be calling her."
Several weeks later, de la Huerta claims she received a call from Harvey Weinstein who said he was outside of her apartment and would not leave until she returned home. She says she "decided to confront Weinstein to point out that she viewed this as stalking and that he was to leave her alone."
However, on the ride home, de la Huerta claims "she consumed a very large quantity of alcohol out of fear and depression, thereby rendering herself unable to consent to any disputed sexual encounter."
When she arrived home, de la Huerta claims she was "barely able to stand." She claims Weinstein forced himself inside her apartment "and again forced himself on Plaintiff by performing unconsented vaginal intercourse through overpowering physical force."
In the lawsuit, de la Huerta details another incident with Weinstein on January 5, 2011. She claims she went to his hotel room at the Four Seasons in Los Angeles to confront him. When he answered his door, Weinstein was "wearing an opened bathrobe thereby prominently exposing his penis to Plaintiff in a taunting manner."
She claims another woman was in the room with Weinstein and he asked de la Huerta to have a threesome.
"Plaintiff told Defendant Weinstein to stop stalking and harassing her and quickly left the vicinity of Weinstein’s room feeling embarrassed, scared, shocked and humiliated," the lawsuit claims. "She noted that Weinstein appeared angered by her rejection and denunciation."
The following year, de la Huerta claims Weinstein was photographed with "Boardwalk Empire" director and executive producer Martin Scorsese at the same hotel. Less than a month later, de la Huerta claims she was let go from the show.
The lawsuit states, "De La Huerta reasonably inferred and herein alleges that the close timing of this meeting of Weinstein with Scorsese occurring just before her termination, led her to reasonably believe that Weinstein was making good on threats to harm her career if she defied him."
She believes Harvey Weinstein ruined her career and estimates she lost out on $55 million in earnings.
Along with Weinstein, de la Huerta is suing The Weinstein Company and the hotel where the alleged 2011 incident occurred.
Weinstein's attorney, Benjamin Brafman, tells The Blast, "It is our understanding that the Manhattan District Attorney's Office carefully reviewed Ms. De la Huerta's claims of sexual assault by Mr. Weinstein many months ago and made a conscious decision to reject her as a complainant for obvious reasons. We also believe that her newly minted version of events including her new California claims are equally preposterous and unfortunately, the product of an unstable personality with a vivid imagination."