Sean “Diddy” Combs The troubled rap mogul was Ordered to pay $100 million Allegedly a victim of sexual assault.
Combs, who is embroiled in multiple sexual assault and related lawsuits, filed two emergency motions Thursday to challenge the multimillion-dollar judgment in the lawsuit filed against him by Derek Lee Cardello-Smith, according to court documents obtained by USA TODAY.
Cardello-Smith, a convicted felon who is serving a maximum sentence of 75 years in prison for first-degree criminal sexual conduct and kidnapping charges in 2008 and 2019, filed a civil lawsuit against Deedee in June. He was granted a default judgment in the civil lawsuit during a hearing in Lenawee County Circuit Court in Michigan on Monday.
A default judgment is entered when either party to a case fails to act (by not responding to a subpoena or by not appearing in court).
Diddy vs. Derrick Lee Cardello-Smith:Rap mogul ordered to pay $100 million in default judgment over sexual assault allegations
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However, in documents filed by Combs to vacate the verdict, the Grammy-winning rapper’s lawyers claimed he was never informed of Cardello-Smith’s complaint. They also refuted the Michigan inmate’s allegations of sexual assault against Combs.
“This is a frivolous lawsuit against a prominent businessman, a patently fabricated one, filed by a rapist and serial litigant with an overactive imagination and a thirst for fame,” the motion reads.
“(Combs) has never been subject to this lawsuit and first learned of (Cardello-Smith) and this lawsuit three days ago when media reports indicated that a $100 million default judgment had been entered against him.”
Diddy’s lawyer says inmate’s assault allegation ‘objectively unbelievable’
Cardello-Smith previously claimed that Combs attacked him in June 1997 after a party at a Detroit hotel.
Cardero-Smith claimed that while hanging out with Combs and two other women in a private hotel room, Combs poured him a drink, which allegedly caused him to lose consciousness. Cardero-Smith said he later woke up to find himself covered in blood and in pain.
Combs’ attorney harshly criticized Cardello-Smith’s allegations as “objectively unbelievable.”
“(Cardero-Smith) claimed that he was assaulted in 1997, but he could not accurately describe where the assault occurred,” Combs wrote in the filing. “In the complaint, (Cardero-Smith) claimed that the assault occurred after he met Mr. Combs at a restaurant in Detroit. However, in pretrial statements, (Cardero-Smith) claimed that the assault occurred in Adrian, Michigan.”
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Cardello-Smith claimed that he filed a police report after the alleged assault and accused Combs of “bribing police officers in Detroit and Monroe to cover it up.” He also provided a copy of a 1997 “silence and nondisclosure agreement” allegedly signed by Combs, himself and others, including Michigan state officials and police officers.
Combs’ attorney called Cardello-Smith’s allegations about the nondisclosure agreement a “bizarre conspiracy.”
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In a separate motion, Combs sought to vacate the temporary restraining order granted to Cardello-Smith in Monday’s default judgment.
Combs’ attorneys claimed that the injunctive relief ruling authorizing the restraining order was improper, pointing to numerous legal flaws, including alleged violations of Combs’ constitutional rights.
“Because Cardello-Smith was not served with the summons, complaint, and motion for an injunction prior to the entry of the injunction, the injunction is an ex parte prejudgment attachment on Combs’ real property,” the motion reads.
Ex parte proceedings are conducted in the presence of only one party.
“The unilateral seizure of real property to secure payment of a possible judgment is unconstitutional because it violates the due process rights of the party against whom the seizure is made,” Combs’ attorneys claimed.
Contributed by Taijuan Moorman, USA Today