KEVIN Hart has been fighting to dismiss sex tape partner Montia Sabbag’s emotional distress lawsuit against him, but she isn’t giving up in their legal war.
The Sun Online can exclusively reveal Montia has re-filed the lawsuit against Hart, 40.
Court papers obtained from Central District Court of California reveal Montia’s Second Amended Complaint failed to allege the citizenship of all members of Defendant Nevada Property 1, LLC.
The November 27, 2019 filing read: “The court hereby orders Plaintiff to show cause in writing why this action should not be dismissed for failing to properly allege subject matter jurisdiction.”
Plaintiff’s Response To Order To Show Cause was filed on December 9, 2019.
Montia’s response read: “Plaintiff discovered the true citizenship and identity of the Defendant Nevada Property 1, LLC through conversations and admissions by the Defendant’s own counsel, which were made with the representation that such representations were factual and being made by an officer of the Court.
“With the Defendant’s own counsel admission, and by pleading such in the [Second Amended Complaint], the Plaintiff believed in good-faith that such an admission, which as plead in the Complaint, must be deemed to be true, sufficiently established jurisdiction for this Court.
“However, the Plaintiff submits that this matter should proceed and this Court should not dismiss this case because diversity jurisdiction unequivocally exists and furthermore, it is not, and has never been in dispute.”
One day later, Kevin responded to his ex-lover’s filing.
“Plaintiff’s repeated procedural failings are consistent with the overarching impropriety of her lawsuit,” he wrote.
“In an effort to cast as broad a net as possible, Plaintiff has sued anyone and everyone, without regard for the facts or law, and has thus failed to properly allege threshold matters such as subject matter jurisdiction, as this Court has repeatedly found.”
He continued that her claims are “baseless.”
“Defendant Hart respectfully submits that this action should be dismissed and Plaintiff provided with no further opportunities to amend her baseless and improper complaint,” the filing read.
But the court sided with Montia, as they gave her until December 17, 2019 to file a Third Amended Complaint.
She filed the court document one day before the deadline.
Montia’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, where the sex tape took place.
Montia is also suing Kevin’s former friend Jonathan Todd "JT" Jackson, who was arrested and charged with extortion, and other Defendants.
In the complaint, she claimed Kevin “negligently or intentionally authorized, allowed and otherwise permitted Jackson access to Hart’s hotel room suite at Cosmopolitan of Las Vegas.”
She claimed Jonathan allowed her to be secretly videotaped without her consent as she engaged in consensual sexual relations with Kevin in his hotel suite.
A two-minute and 48-second clip was posted.
The Complaint continued: “Plaintiff is informed and believes and on that basis alleges that the aforementioned acts of the Defendants were done intentionally or with a conscious and/or reckless disregard of Plaintiff’s rights, and with the intent to vex, injure or annoy, such as to constitute oppression, fraud, or malice.”
She is seeking over $60 million in damages.
In a trailer for the actor’s upcoming Netflix docu-series Don’t F**k This Up, his wife Eniko Parrish broke down in tears over his affair with Montia.
Eniko said in the trailer: “You publicly humiliated me. I just kept saying, ‘How the f**k did you let that happen.’”
She was pregnant at the time of the romp with their son Kenzo, 2.
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