Hip Hop mogul Sean “Diddy” Combs has filed a motion to overturn a $100 million default judgment in a sexual assault lawsuit brought against him by a Michigan inmate. The legal battle intensified on Thursday, September 12, when Combs, 54, submitted an emergency motion to vacate the default judgment, along with a request to dissolve a temporary restraining order and preliminary injunction.
The controversy arose after Combs missed a virtual court hearing on September 9, leading Judge Anna Marie Anzalone to award the multi-million dollar judgment in favor of the plaintiff, Derrick Lee Cardello-Smith, in Lenawee County Circuit Court.
In his motion to vacate the default judgment, Combs’ attorneys argued that Cardello-Smith, a convicted felon serving time for kidnapping and sexual assault, has a history of filing “frivolous” claims. They also described Cardello-Smith’s allegations of a 1997 sexual assault by Combs as “objectively unbelievable.”
Combs’ legal team contends that the Bad Boy Records founder was not properly served with the lawsuit, thus rendering the default judgment invalid under Michigan Court Rule 2.105(A). They claimed that Combs only became aware of the lawsuit through media reports about the judgment and acted quickly to address the issue once informed.
The motion also disputes the validity of Cardello-Smith’s claims, calling them fabricated and implausible, with specific reference to allegations that Cardello-Smith invested $150,000 for a significant stake in Combs’ net worth. The filing argues that the $100 million judgment is “extraordinary and incompatible with any possible measure of actual damages,” and further contends that the statute of limitations for such claims expired in 2007.
Additionally, Combs has requested the dissolution of a temporary restraining order and preliminary injunction, arguing that Cardello-Smith is not entitled to such relief. Combs’ attorneys assert that the injunction was improperly granted since Cardello-Smith had no claim to equitable relief and that the court lacked jurisdiction over Combs.
Cardello-Smith’s initial complaint was filed in June, and a temporary restraining order was granted in August to prevent Combs from selling assets that could be used to compensate Cardello-Smith. During a court hearing in August, Cardello-Smith claimed that Combs had offered him $2.3 million to drop the lawsuit.
Cardello-Smith’s allegations include an incident in 1997 at a Detroit Holiday Inn afterparty, where he claims Combs groped him and sexually assaulted him after drugging him.
Marc Agnifilo, Combs’ attorney, responded to the lawsuit, stating, “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. His resume now includes committing a 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.”
