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 / Updated  / Source: NBC News

A California appeals court is allowing Kim Kardashian and Kanye West's lawsuit over leaked footage of their marriage proposal to move forward.

The pair sued YouTube co-founder Chad Hurley in 2013 after he posted video of West's elaborate proposal on his new website, MixBit. Hurley's lawyers appealed a March 2014 ruling by a Los Angeles judge allowing the case to proceed.

The 2nd District Court of Appeal in Los Angeles upheld the ruling Wednesday, saying West and Kardashian have shown a likelihood they could win a case on claims of breach of contract, fraud and unjust enrichment.

Hurley argued that a confidentiality agreement he signed was not binding on MixBit, but the court said that argument lacked merit.

Hurley's post preceded the proposal airing on "Keeping Up With the Kardashians."

Kim Kardashian and Kanye West attend the Valentino Haute-Couture show as part of Paris Fashion Week Fall / Winter 2012/13 at Hotel Salomon de Rothschild on July 4, 2012 in Paris, France.Pascal Le Segretain / Getty Images
— The Associated Press