Not Giving Up! Kevin Hart's Sex Tape Partner Re-Files Lawsuit For THIRD Time After Dismissal
Nov. 21 2019, Updated 5:29 p.m. ET
Kevin Hart’s sex tape partner is not backing down. RadarOnline.com can exclusively reveal Montia Sabbag has re-filed her emotional distress lawsuit against the comedian for the third time after the court dismissed the complaints.
In court papers obtained from Central District Court of California, Sabbag filed a Second Amended Complaint on Wednesday, November 20.
As RadarOnline.com exclusively reported, Sabbag’s Original Complaint was dismissed on September 17, 2019 for lack of subject matter jurisdiction.
Her First Amended Complaint was dismissed on October 29, 2019 because it failed to properly allege the citizenship of defendant Cosmopolitan, which is the hotel the sex tape took place.
She then filed a Motion for Extension of Time to File Second Amended Complaint. She asked to move the deadline from November 8, 2019 to December 12, 2019.
She claimed how certain Defendants participated, through their counsel, in “resolution talks” that had been “seemingly fruitful.” She claimed how a possible resolution in the case had been “hindered/impacted” because of the second dismissal.
Then Hart, 40, fired back with an Opposition and Request to Strike Plaintiff’s Motion for Extension of Time to File Second Amended Complaint.
He claimed the settlement discussions were conducted “without his permission” and that he was “not a party to any such settlement discussions.”
“Plaintiff is improperly attempting to drag out the litigation in order to delay the inevitable determination that her claims are, in fact, baseless,” Hart’s court filing read. “Her stated hopes of deferring the expense inherent in the litigation that she commenced, and preserving ‘scarce judicial resources’ do not constitute meritorious grounds for such delay.”
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The court agreed to extend her deadline to file a Second Amended Complaint to November 20, 2019 instead of December 12, 2019.
“The Court again warns Plaintiff that the failure to file a Second Amended Complaint by November 20, 2019 or to adequately allege the Court’s jurisdiction may, without further warning, result in the dismissal of this action without prejudice,” the court papers read.
Sabbag is suing Hart, his ex-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 claimed 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” in her Original Complaint.
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 clip 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.”
She is seeking “more than $60 million" in damages.