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Sean ‘Diddy’ Combs Asks To Vacate USD 100 Million Sexual Assault Default Judgement Filed By Michigan Prisoner
Sean ‘Diddy’ Combs asked to vacate the recent USD 100 million judgment filed by Michigan prisoner, Derrick Lee Cardello-Smith.
Trigger Warning: This article includes references to sexual abuse
Sean ‘Diddy’ Combs has filed an emergency motion to dissolve a temporary restraining order and preliminary injunction and a default judgment to be vacated according to the court documents obtained by People.
Diddy filled this on September 12, Thursday, after losing the USD100 default judgment in Derrick Lee Cradello-Smith’s lawsuit because of not being in attendance during the virtual hearing on September 9, Monday.
Cardello-Smith was granted this judgment by Judge Anna Marie Anzalone. In the rapper’s request to vacate the default judgment, his lawyer reportedly said that Cardello-Smith was a “convicted felon who is serving time in prison for kidnapping and sexual assault."
It is also alleged that he has filed “frivolous” claims multiple times previously and his allegations that the Bad Boy Records owner sexually assaulted him in 1997 “are objectively” not believable.
Along with that, the disgraced rapper's legal team argued that the default judgment was not valid under Michigan Court Rule 2.105 (A) because the rapper was not served properly.
It was claimed in Diddy’s motion about not being aware of this lawsuit until the news about the USD 100 million default judgment was rolled. His lawyers also claimed that any delay in the rapper's response was not intentional, and when Diddy got to know about the lawsuit, he quickly filed the motion to vacate the judgment, per the court documents.
The filings also claim that Cardello-Smith’s claims, which are refuted by the rapper in a sworn affidavit, are false, implausible, and filled with, “inconsistencies and fantastical claims,” including that he invested USD 150,000 for Diddy’s 49% net worth.
The documents called the USD 100 million judgment “extraordinary and incompatible with any possible measure of actual damages even if every (facially implausible) allegation in the complaint were true," as the rapper, until Monday, "did not receive notice of the lawsuit.”
The lawyers also mentioned that the statute of limitations ended in 2007, so even if in case Cardello-Smith’s allegations are genuine, they should be dismissed.
According to the court filings, the disgraced vocalist also filed a motion to end a temporary restraining order and/or preliminary injunction, stating Cardello-Smith not be entitled to injunctive relief and that the rapper was not served the complaint, violating his constitutional rights.
It was mentioned that the judgment was not proper because Cardello-Smith did not claim to have an equitable interest in the property but instead awarded a monetary judgment against the accused vocalist. It was previously determined by the Michigan court that this was not sufficient to grant relief in the injunction order.
According to Diddy’s attorney, the court lacked jurisdiction over him because the signature was not his on a return receipt.
Per the Detroit Metro Times, the plaintiff filed the complaint against the Last Night rapper in June, and he was given a temporary restraining order against the vocalist in August, which blocked Diddy from selling assets that could be utilized to make up for Cardello-Smith's “possible damages.”
According to the Guardian, later that month, Cardello-Smith claimed that Diddly came to see him in prison and asked him to dismiss the lawsuit by offering him USD 2.3 million.
His lawsuit claimed that he crossed paths with the rapper in 1997 during an afterparty at the Holiday Inn in Detroit. Both the individuals reportedly got private hotels with two women. Cardello-Smith was allegedly groped by Diddy while having intercourse with one of the women. Cardello-Smith also alleged that he was drugged and sexually assaulted by the Bad Boy Records founder.
On September 10, Diddy’s attorney, Marc Agnifilo, stated about the lawsuit, “This man is a convicted felon and sexual predator, who has been sentenced on 14 counts of sexual assault and kidnapping over the last 26 years.” The attorney continued, “His resume now includes committing fraud on the court from prison, as Mr. Combs has never heard of him, let alone been served with any lawsuit. Mr. Combs looks forward to having this judgment swiftly dismissed.”
Common Disclaimer: If you need support or know someone who is struggling with domestic violence, assault, or abuse, please reach out to your nearest mental health specialist, NGO, or speak to someone about it. There are several helplines available for the same.
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