Playboy model Dani Mathers' invasion of privacy trial is tentatively set to begin May 26, according to The New York Daily News.
The 30-year-old tried to prevent the case from going to court by filing a motion claiming that the privacy law she's charged with violating is too vague.
But that didn't cut it for Judge Gustavo Sztraicher, who ruled that the statute is constitutional.
Mathers was charged with one misdemeanor count of invasion of privacy after police say she shared a photo of a naked 70-year-old woman online.
Mathers posted the photo along with a selfie of her covering her mouth with the caption, "If I can't unsee this then you can't either."
The former Playboy model's lawyer, Dana Cole, argued Monday that the shot of the victim was so far away that she couldn't easily be identified.
Los Angeles Deputy City Attorney Chadd Kim responded saying a jury should determine whether the victim was identifiable, according to The New York Daily News.
Cole said Mathers plans to testify in court.
Last summer Mather apologized, saying, "That was absolutely wrong and not what I meant to do."
Mathers was banned from the LA Fitness where the photo was taken.