In court papers obtained from California District Court, the court explained how Montia Sabbag’s original complaint was dismissed on September 17, 2019, as RadarOnline.com reported, for lack of subject matter jurisdiction.
Although the court found the First Amended Complaint “sufficient” in establishing the citizenship of Defendant Fameolous, the First Amended Complaint fails to properly allege the citizenship of Defendant Cosmopolitan, which is the hotel where the sex tape took place.
“Plaintiff alleges that ‘Defendant the COSMOPOLITAN is, on information and belief, a business entity, form unknown, existing under the laws of the State of Nevada,” the court papers read. “As this Court has already stated, Plaintiff bears the burden of proving that jurisdiction exists. Plaintiff’s allegations regarding COSMOPOLITAN are not sufficient to invoke this Court’s diversity jurisdiction.”
The Court is dismissing Plaintiff’s First Amended Complaint for “lack of subject matter jurisdiction.”
“Therefore, the Court grants Plaintiff leave to amend to establish federal subject matter jurisdiction,” the papers read. “Plaintiff’s Second Amended Complaint, if any, is to be filed by November 8, 2019. The failure to file a Second Amended Complaint by that date or to adequately allege the Court’s jurisdiction may, without further warning, result in the dismissal of this action without prejudice.”
The dismissal of the lawsuit comes after RadarOnline.com reported attorneys for the comedian filed a Stipulation Extending Time for Defendants to Respond to Complaint by Not More Than 30 Days on Friday, October 25.
Sabbag is suing Hart, his former friend Jonathan Todd Jackson, who was arrested and charged with extortion, Fameolous, the site who published Hart and Sabbag’s sex tape, Cosmopolitan and other Defendants.
She alleged in the complaint that the comedian “negligently or intentionally authorized, allowed and otherwise permitted Jackson access to Hart’s hotel room suite at Cosmopolitan of Las Vegas and breached their duty of care to M Sabbag.”
She claimed Jackson caused her to be “secretly videotaped without her knowledge or consent, while she was engaged in private, consensual sexual relationships with Hart in Hart’s private bedroom suite at the Cosmopolitan.”
Defendants posted a two-minute and 48 second “highlight reel” to obtain “tremendous financial benefit.” She claimed the incident was to “promote Hart’s Irresponsible tour.”
She claims to have “suffered, and continues to suffer, tremendous emotional distress.”
Hart claimed in a 2017 Instagram video that someone was attempting to extort him over the sex tape. He apologized to his wife Eniko Parrish, who was pregnant at the time with their son Kenzo, in the video. Jackson denied the extortion claims despite the charges against him.