Sean “Diddy” Combs is taking swift legal action to fight a $100 million default judgment handed down to convicted felon Derrick Lee Cardello-Smith, an inmate with a long history of filing frivolous lawsuits.
On Thursday, September 12, 2024, Diddy filed two motions to have the default judgment set aside, calling the lawsuit “unbelievable” and filled with “fantastical claims.”
Related: Diddy Loses $100M Default Judgment To Michigan Inmate In Sex Assault Lawsuit
The Allegations: A Far-Fetched Claim
Cardello-Smith, who is serving time for multiple sexual assault and kidnapping convictions, claimed in his lawsuit that Diddy assaulted him in 1997 and entered into a conspiracy with high-ranking law enforcement officials to cover up the incident.
He also alleged that he made a $150,000 “investment” with Diddy in exchange for 49% of the mogul’s net worth, which led to the demand for $100 million in damages.
Diddy, who was unaware of the lawsuit until just three days ago, immediately retained legal counsel and filed an emergency motion to set aside the default judgment.
His legal team, led by Marc Agnifilo, laid out several key arguments in their filing.
Emergency Motion to Set Aside Default and Judgment: Why It’s Baseless
The emergency motion to set aside the default judgment argues that Cardello-Smith’s claims are not only absurd but were never properly served.
According to the filing, Diddy was never notified of the lawsuit, which means the court does not have jurisdiction over him, making the default judgment invalid under Michigan law.
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No Service of Process: Diddy’s legal team emphasized that Cardello-Smith failed to follow Michigan Court Rule 2.105(A), which outlines the proper way to serve legal documents. This alone, the filing states, requires the court to throw out the judgment.
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Lack of Jurisdiction: Because Diddy was not properly served, the court never had personal jurisdiction over him, rendering both the entry of default and the judgment invalid.
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Meritorious Defenses: Diddy’s lawyers pointed out several meritorious defenses that would have led to the dismissal of the lawsuit, even if he had been served:
- Fabricated Allegations: Diddy has denied the claims in a sworn affidavit, calling the allegations “implausible on their face.”
- Expired Statute of Limitations: The claims stem from an alleged incident in 1997, but the statute of limitations expired in 2007, making the case legally unviable.
- Absurd Damages: Even if the allegations were true, the demand for $100 million is wildly disproportionate to any potential damages.
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Immediate Legal Action: Upon learning about the default judgment via media reports, Diddy immediately hired legal counsel and filed a motion to overturn the judgment, proving that any delay in responding was unintentional.
Motion to Dissolve Temporary Restraining Order and Injunction
In addition to the motion to set aside the judgment, Diddy also filed a motion to dissolve a temporary restraining order and injunction that had been granted to Cardello-Smith.
Diddy’s legal team argued that the restraining order was improper because:
- Violation of Constitutional Rights: Diddy was never served with the complaint or the injunction order, violating his due process rights.
- Lack of Jurisdiction: Since Diddy was never properly served, the court had no authority to issue an injunction against him.
- No Equitable Interest: Cardello-Smith is seeking a money judgment, not an interest in any property, which disqualifies him from seeking injunctive relief.
Attorney’s Statement
Marc Agnifilo, Diddy’s attorney, released a scathing statement regarding 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.
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.
Diddy’s legal team is confident that the court will dismiss the judgment once the facts are fully reviewed.
I will keep updated on the scoop in this case.
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