The 2015 Playmate of the year quickly became the target of online venom for the so-called body shaming incident.
On Monday, May 15, Judge Gustavo Sztraicher denied her lawyer's motion to dismiss the charge against her and a motion to continue to trial, according to The Wrap.
When 2015 Playmate of the Year Dani Mathers chose to Snapchat a body-shaming pic of a naked woman at her gym last summer, Mathers faced more than fan disappointment on account of her privacy-invading act.
The defence unsuccessfully tried to get the case thrown out on the theory the law was vague about how "identifiable" a victim needs to be.
Mathers' attorney stated that she plans to testify.
Mathers previously pleaded not guilty to invasion of privacy, contesting the charge as too ambiguous.
Hoping to "make an example" of Mathers, authorities tracked down the woman in the photo and said they meant to charge Mathers with dissemination of private images, which carries a six-month prison sentence.
"While body-shaming, in itself, is not a crime, there are circumstances in which invading one's privacy to accomplish it can be", Feuer added.
"Mathers' social media accounts have since been deleted".
Just this month, however, Ms Mathers tweeted that she had "never body shamed a person in my life".
"I know body-shaming is wrong and I know that that's not what I'm about, that's not the type of person that I am".
The Playboy Miss May 2014's legal team insist the image of the 70-year-old woman is grainy and not identifiable, but LA Deputy City Attorney Chadd Kim scoffed at the defence and claimed it was for a jury to decide. "It mocks and stigmatizes its victims, tearing down self-respect and perpetuating the harmful idea that our unique physical appearances should be compared to air-brushed notions of 'perfect'".