Sean “Diddy” Combs is difficult a current ruling in a sexual assault lawsuit in opposition to him.
On Thursday, Sept. 12, Combs, 54, filed an emergency movement to vacate a default judgment, and a movement to dissolve a brief restraining order and preliminary injunction, per court docket paperwork obtained by PEOPLE.
This comes after he misplaced the $100 million default judgment in Derrick Lee Cardello-Smith’s lawsuit in opposition to him as a consequence of his failure to attend a digital listening to on Monday, Sept. 9. Choose Anna Marie Anzalone awarded Cardello-Smith the multi-million greenback judgment in Lenawee County Circuit Court docket.
In his request for Choose Anzalone to vacate the default judgment, Combs’ attorneys mentioned that Cardello-Smith is a “convicted felon who’s serving time in jail for kidnapping and sexual assault.”
Michigan Division of Corrections; Jon Kopaloff/Getty
They declare that Cardello-Smith has ceaselessly filed “frivolous” claims previously, and his allegations that Combs sexually assaulted him in 1997 “are objectively unbelievable.”
Combs’ authorized staff additionally argues that the Dangerous Boy Information founder was not correctly served in Cardello-Smith’s lawsuit, so the default judgment is invalid beneath Michigan Court Rule 2.105(A).
Combs’ movement alleged that he was unaware of the lawsuit till the information in regards to the $100 million default judgment was reported within the media. His attorneys allege that any delay he had in responding was unintentional. As soon as Combs turned conscious of the lawsuit, he rapidly filed the movement to vacate the ruling, the court docket papers said.
The submitting additionally alleges that Cardello-Smith’s allegations, which Combs has denied in a sworn affidavit, are fabricated, implausible and stuffed with “inconsistencies and fantastical claims,” resembling Cardello-Smith’s claims that he invested $150,000 for 49% of Combs’ internet value.
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The court docket papers additionally mentioned the default judgment needs to be vacated, calling the $100 million award “extraordinary and incompatible with any doable measure of precise damages even when each (facially implausible) allegation within the Grievance had been true” as Combs “didn’t obtain discover of the lawsuit” till Monday.
Combs’ attorneys famous that even when Cardello-Smith’s claims had been true, the statute of limitations resulted in 2007, so they need to be dismissed.
Combs additionally filed a movement to dissolve a brief restraining order and/or preliminary injunction, reiterating that Cardello-Smith will not be owed injunctive aid and Combs’ constitutional rights had been violated since he was not served with the criticism. They mentioned the judgment is improper as a result of Cardello-Smith did not declare he had an equitable curiosity within the property, however as a substitute mentioned he might be awarded a financial judgment in opposition to Combs. The Michigan Supreme Court docket has beforehand decided that this is not sufficient to authorize aid within the injunction order, per Combs’ movement.
Dia Dipasupil/Getty
Combs’ attorneys say the court docket would not have jurisdiction over Combs as a signature on a return receipt will not be his.
Cardello-Smith filed a criticism in opposition to Combs in June. In August, he was granted a brief restraining order that blocked Combs from promoting property that might be “used to compensate Cardello-Smith for doable damages,” The Detroit Metro Times reported.
In a court docket listening to later that month, Cardello-Smith claimed that Combs got here to see him in jail and provided him $2.3 million to dismiss the lawsuit, in line with the Guardian.
In his lawsuit, Cardello-Smith alleged he met Combs in 1997 throughout an afterparty at a Vacation Inn in Detroit. The 2 obtained a non-public resort with two girls when Combs allegedly groped Cardello-Smith’s buttocks whereas the latter was having intercourse with one of many girls. Cardello-Smith additionally alleged that Combs drugged him and sexually assaulted him.
Marc Agnifilo, an legal professional for Combs, addressed the lawsuit in an announcement on Tuesday, Sept. 10, saying, “This man is a convicted felon and sexual predator, who has been sentenced on 14 counts of sexual assault and kidnapping over the past 26 years. His resume now contains committing a fraud on the court docket from jail, as Mr. Combs has by no means heard of him not to mention been served with any lawsuit. Mr. Combs appears ahead to having this judgment swiftly dismissed.”
Should you or somebody you realize has been sexually assaulted, please contact the Nationwide Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.
