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Sean ‘Diddy’ Combs’ $100-million sexual assault default judgment, explained

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Sean 'Diddy' Combs' $100-million sexual assault default judgment, explained

As a seasoned cinephile who has witnessed numerous tales of Hollywood’s rise and fall, I find myself deeply troubled by the ongoing saga of Sean “Diddy” Combs. The latest chapter, involving a $100-million default judgment against him for sexual assault allegations, is yet another dark stain on an otherwise illustrious career.

Over the past year, wealthy hip-hop entrepreneur Sean “Diddy” Combs has faced a series of allegations involving sexual assault and other questionable behavior.

On Monday, a judge in Lenawee County, Michigan, granted a $100-million verdict in favor of the plaintiff, Derrick Lee Cardello-Smith, after he accused Combs of sexual assault.

51-year-old Cardello-Smith filed a civil lawsuit against 54-year-old Combs in June, claiming that he was drugged and sexually assaulted by Combs at a Detroit party back in 1997. During an August virtual hearing about requesting a temporary restraining order, Cardello-Smith stated his intention to seek a default judgment because Combs did not respond to the lawsuit within the given timeframe. Combs was absent from the hearing on Monday.

Judge Anna Marie Anzalone set Combs’ payment schedule to $10 million a month for 10 months starting Oct. 1.

Lawyer Ann Olivarius, head and leading partner at McAllister Olivarius law firm, communicated to The Times via email, stating that though default judgments are frequent occurrences, the implications in this case are substantial.

In most cases, false accusations of sexual assault are uncommon, and it’s unusual for a defendant to disregard lawful service. However, considering Combs and his lawyer were aware that Judge Anzalone had validated Derrick Lee Cardello-Smith’s service, their decision not to respond seems to have been a deliberate gamble.

Combs, through his legal representatives, denied the allegations and accused Cardello-Smith of “committing fraud on the court from prison.”

According to a statement made by his attorney, Marc Agnifilo, Mr. Combs has neither encountered nor been involved in any lawsuit against him. He is eager for the court to quickly dismiss this judgment.

Beyond facing multiple civil lawsuits accusing him of sexual misconduct, Combs is also under investigation by federal authorities over sex trafficking claims. These allegations resulted in searches of his homes in Los Angeles and Miami in March. Although Combs has refuted most of the sexual misconduct charges against him, he later publicly apologized for assaulting Cassie Ventura following the release of a video showing him physically attacking his former girlfriend at the time.

Although searches have been carried out on Combs’ properties in relation to a sex trafficking investigation, no criminal charges against him have been brought so far,” Olivarius stated. “The continued examination of Combs’ past serves as a testament to the role civil courts can play in strengthening an often overburdened criminal system. Civil trials can aid in bringing repeat offenders to justice by generating publicity.

Here is everything we know about Cardello-Smith’s lawsuit against Combs.

Who is the accuser?

According to the Detroit Metro Times, Cardello-Smith is recognized as an inmate who frequently contests the legal system using civil lawsuits. At present, he’s imprisoned at the Earnest C. Brooks Correctional Facility due to multiple charges of criminal sexual conduct and kidnapping, as per online records. Previously, it was noted that during 2020 to 2024, Cardello-Smith was involved in over thirty civil lawsuits, some focusing on prisoner rights.

[Cardello-Smith] has brought several lawsuits during his time in prison and has self-represented in all of them,” stated Olivarius. “I can’t vouch for the veracity of his testimony, but I suspect the defense will attempt to challenge it vigorously, aiming to weaken the reliability of his claims.

What are the allegations?

According to Cardello-Smith’s legal action, he asserts that he encountered Combs during their shared work experiences within the restaurant and hospitality sector around Detroit. He accuses Combs of spiking his drink and sexually assaulting him during a gathering in 1997 where they both were working.

What is a default judgment?

In simple terms, a default judgment is typically a decision made in favor of the person who initiated a lawsuit (the plaintiff), when the other party involved (the defendant) either doesn’t answer the court summons or fails to show up in court. The exact rules and procedures can vary depending on the area where the case is being heard, but generally, the plaintiff asks the judge to make a decision without input from the defendant because they didn’t respond to the notification that they are being sued.

Can Combs appeal?

In simpler terms, Olivarius suggests that ignoring the court system isn’t an effective defensive tactic, and it’s often straightforward for the defense to dismiss this approach.

In simpler terms, Olivarius stated that the key factor is whether there’s a valid defense for Combs. Courts tend to consider and discuss more the idea that the lawsuit lacked substance rather than enforcing a $100-million default judgment without further examination.

In certain cases, a defendant who has received a default judgment may petition the court to overturn this decision by filing a motion to set aside the judgment. This can happen if the defendant has a legitimate excuse for missing court or disregarding the summons, such as not being aware of the lawsuit due to improper service.

Olivarius notes: “Additionally, Combs and his lawyer have the option to challenge the $100-million ruling, regardless of the verdict’s outcome. Since courts have significant flexibility in these matters, it’s not a given that the default judgment will stand, and it’s far from certain that the award will be upheld.

There’s been some debate over whether Cardello-Smith correctly served Combs regarding this legal case. Agnifilo asserted that Combs was never served. However, during the virtual hearing in August, Judge Anzalone mentioned that the court has evidence showing proper service. In the same hearing, Cardello-Smith declared that Combs had come to visit him in prison to talk about the lawsuit.

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2024-09-12 04:01

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