Comedian Kevin Hart is demanding the dismissal of a lawsuit filed against him by his sex tape partner.
Montia Sabbag filed a $60 million (£48.3 million) suit against the Jumanji: Welcome to the Jungle star last year (19), claiming he and a pal, JT Jackson, teamed up to record the liaison in a suite at the Cosmopolitan Hotel in Las Vegas in 2017 without her knowledge – allegations Hart has repeatedly denied.
Now the actor is calling on the judge overseeing the case to throw the dispute out of court due to a legal technicality – because he wasn’t properly served with the legal notice.
Hart argues the process server “simply threw a set of papers out of a car window in view of a security guard”, who was located outside the gate to his house.
A court filing obtained by TMZ includes photos of the discarded documents, and Hart explains the suit should be dismissed because the guard doesn’t live at his property and isn’t authorised to accept legal notices on the funnyman’s behalf.
A ruling has yet to be made.
Hart has always denied setting up the sex tape scenario, which rocked his marriage to a then-pregnant Eniko Hart, insisting he was also a victim of Jackson’s attempts at extortion.
Sabbag is seeking damages for intentional infliction of emotional distress and invasion of privacy.