Attorneys for the embattled rapper says he was never notified of the “outrageous” case and that it would have been easily dismissed if he was given a fair chance to respond.
Sean “Diddy” Combs is seeking to overturn a $100 million sexual assault judgment won against him by a Michigan inmate earlier this week, claiming he was never served with the “frivolous” lawsuit.
In an emergency motion filed Thursday, attorneys for the embattled rapper said he had learned about Derrick Lee Cardello-Smith’s lawsuit and massive judgment from media coverage – and that the case would have been easily dismissed if Combs had been given a fair chance to respond.
“This is a frivolous lawsuit against a prominent businessman, based on obvious fabrications, filed by a convicted rapist and serial litigant with an overactive imagination and a thirst for fame,” Combs’ lawyers write.
The huge award, issued by a Michigan state judge on Monday, was what’s known as a default judgment — a kind of legal award granted when an accused party doesn’t respond to a legal action. Court records show that attorneys for Combs never participated in the case nor filed any kind of response.
But in Thursday’s filings, they say that’s because they were never been legally served with the allegations – a crucial first step in any American lawsuit: “Had Mr. Combs been notified in a timely manner of these outrageous claims, he would have defended himself, as he is prepared to do now. But he did not have that opportunity.”
At a hearing last month, the judge overseeing the case said Cardello-Smith had supplied sufficient proof that he properly served Combs via certified mail, which requires confirmation of receipt. But in Thursday’s response, Combs lawyers say that the letter was not sent to the rapper’s primary residence and it had not actually been signed by him personally.
“Accordingly, the default judgment must be set aside,” lawyers for Diddy write.
Once one of the most powerful men in the music industry, Diddy has been hit with at least eight civil lawsuits alleging sexual abuse over the past year, including claims by ex-girlfriend Cassie Ventura that were later followed by a video showing him assaulting her. The hip-hop mogul is also facing an apparent federal criminal investigation after authorities raided his homes in March.
Cardello-Smith sued Combs in June, claiming the rapper had spiked his drink and sexually assaulted him at a party in 1997. But in Thursday’s filings, the rapper’s lawyers said the inmate’s allegations are “objectively unbelievable” and that “no lawsuit could be more frivolous.”
“Plaintiff alleges that he was sexually assaulted in 1997, but he cannot keep his story straight as to where this supposedly occurred,” Combs lawyers write. “Aside from the purported assault, plaintiff alleges a fantastical conspiracy between Mr. Combs … and numerous high-ranking Wayne County judicial and law enforcement officials.”
As attorneys for Diddy repeatedly pointed out in their filings, Cardello-Smith, 51, is serving multiple, decades-long sentences for a variety of crimes, including first-degree criminal sexual conduct and two counts of kidnapping. The earliest he can be released from prison is 2036.
The lawsuit against Combs is not the first civil action Cardello-Smith has filed from behind bars. Last year, he sued a Detroit-area Catholic archdiocese, alleging he had been sexually abused by a priest and others between 1979 and 1993. The case was dismissed last month by state appeals court, which ruled that Cardello-Smith’s allegations were barred by the statute of limitations.
In their response Thursday, lawyers for Diddy said that same defense would also apply to the current lawsuit: “As ridiculous as the allegations are, if every word of the complaint were true, the action would still be completely nonviable because the statute of limitation on the claims asserted expired almost 17 years before the case was filed.”
