Sean ‘Diddy’ Combs requests dismissal of $100 million judgment in sexual assault case
Sean “Diddy” Combs is actively contesting a court decision that requires him to pay $100 million to an alleged sexual assault victim.
Facing multiple lawsuits related to sexual assault, Combs submitted two urgent motions regarding the substantial judgment in the case brought against him by Derrick Lee Cardello-Smith, according to court records shared with YSL News.
Cardello-Smith, currently imprisoned for first-degree criminal sexual conduct and kidnapping charges from incidents in 2008 and 2019, filed this civil lawsuit against Diddy in June. He received a default civil judgment in his favor on Monday during a court hearing in Lenawee County, Michigan.
A default judgment happens when one party in a lawsuit does not respond to a summons or fails to appear before the court.
In Combs’ motion to annul the judgment, his legal team argues that he was never made aware of Cardello-Smith’s claims. They also deny the accusations of sexual assault made by the Michigan inmate.
“This lawsuit is baseless and is built on evident fabrications, filed by a convicted rapist and habitual litigant who is starved for publicity,” the motion states.
“(Combs), who was not given notice about this lawsuit, found out about (Cardello-Smith) and this case only three days ago when news reports indicated that a $100 million default judgment was entered against him.”
Claims from the inmate are ‘impossibly unbelievable,’ say Diddy’s attorneys
Cardello-Smith previously accused Combs of assaulting him after a hotel after-party in Detroit back in June 1997.
He claimed that while in a private hotel room with Combs and two women, the rapper offered him a drink that allegedly made him lose consciousness. Cardello-Smith reported awakening to find himself injured and bleeding.
Combs’ attorneys have condemned Cardello-Smith’s allegations as “impossibly unbelievable.”
“(Cardello-Smith) claims he was assaulted in 1997, yet he inconsistently states where this incident took place,” Combs’ filing asserts. “In his complaint, (Cardello-Smith) mentions the assault happened after he met Mr. Combs at a restaurant in Detroit. However, in his pretrial statement, he states the incident occurred in Adrian, Michigan.”
Cardello-Smith stated he filed a police report after the purported assault and accused Combs of bribing “Detroit and Monroe police officers to suppress the case.” He also presented a 1997 “agreement of silence and confidentiality” that he alleges was signed by Combs, him, and other parties, including Michigan law enforcement officials.
Combs’ lawyers have dismissed the notion of a confidentiality agreement as a “fantastical conspiracy.”
Diddy files to annul temporary restraining order granted to the inmate
In another motion, Combs is aiming to lift the temporary restraining order that was granted to Cardello-Smith due to the default judgment on Monday.
Combs’ legal team argues that the ruling concerning the restraining order was flawed, citing several legal issues, including a breach of Combs’ constitutional rights.
“Since (Cardello-Smith) was not properly served with the summons, complaint, and injunction motion prior to the issuance of the injunction order, that order operates as an ex parte pre-judgment attachment of (Combs’) real estate,” the motion states.
In legal terms, an “ex parte” proceeding occurs when only one party is present.
“An ex parte pre-judgment attachment of property to secure a possible judgment is unconstitutional,” Combs’ lawyers contend, “as it infringes on the due process rights of the individual subject to the attachment.”
Contributing: Taijuan Moorman, YSL News