Kevin Hart has been through a lot in the past few months since a sex tape lawsuit was filed against him. Now, he is asking the judge handling his case to throw it all out.
According to the new legal documents obtained by TMZ, the actor claims that he was not properly served the legal documents of the case thrown against him by Montia Sabbag. The comedian said that the legal documents were simply thrown out of a car window and left on his driveway.
Sabbag is Hart's partner in the sex tape that circulated online. The accuser claimed that she did not know that their sexual activities were to be filmed by Hart or by anyone, so she is suing him for $60 million in damages. Sabbag insists that Hard and a friend conspired to tape their sexual encounter.
Hart is not asking the judge to set aside the merits of the case and instead focus on the lapses in the technicality. He claimed that the process server "simply threw a set of papers out of a car window in view of a security guard" outside his home.
A photo of the process server taken by the security guard of Hart's home was presented in court. In the photo that can be seen on the TMZ report, legal papers can be seen lying on the ground beside the server's car as it was trying to maneuver its way out of the driveway.
The security guard claimed that he does not live in Hart's house and only goes there to cover his shift. Because he is not a resident of the household, he does not have any authorization to receive anything, especially in accepting legal complaints.
This improper service is what Kevin Hart and his legal team is counting on so that the judge in charge would consider dismissing the case for good.
The Harassment Lawsuit
It was back in September of 2019 when Hart's sex tape circulated online. Montia Sabbag claimed that her sexual encounter with the comedian back in 2017 in a hotel room in Las Vegas were all caught on tape without her consent.
Moreover, Sabbag claimed that J.T. Jackson, the other defendant in the case, and Hart agreed and planned for the taping of the encounter.
However, Hart argued that he did not know what Jackson had planned that night. In fact, he was also surprised with the sex tape that came out. He only learned about it when he refused to pay off Jackson when he extorted him.
In exchange for the sex tape, Jackson demanded money from Hart, and when he refused to give in, Jackson resorted to exposing the sex tape to the public.
Later, Jackson was charged for extortion.
Sabbag, however, did not buy the victim card that Hart brought out. She believes that the comedian was motivated to improve his publicity for an upcoming comedy tour at that time.
Hart repeatedly denied the allegations and also cried foul, emphasizing that he was a victim too. He said that he did not give anyone, particularly Jackson, any authorization to set up a hidden camera in the hotel room where he and Sabbag had their encounter.