Garcia lost a similar legal challenge in state court when a judge rejected her lawsuit in September.
"Innocence of Muslims," which depicts the Prophet Mohammad as a religious fraud and womanizer, enraged Muslims and ignited violence in the Middle East, killing dozens.
Garcia said she was duped by the man behind the film, Mark Bassely Youssef and the script she saw referenced neither Muslims nor Mohammad. She also said her voice had been dubbed over after filming.