Last week, a judge granted a default judgment of $100 million to Derrick Lee Cardello-Smith, a 51-year-old inmate at the Earnest C. Brooks Correctional Facility in Michigan, in his lawsuit against Sean Combs, also known as Diddy.
Cardello-Smith accused Combs of drugging and sexually assaulting him at a 1997 party in Detroit and claimed that Combs offered him $2.3 million to withdraw the lawsuit.
When Combs did not appear for a virtual court hearing on September 9, Lenawee County Circuit Court Judge Anna Marie Anzalone had no choice but to issue the judgment and establish a payment plan of ten monthly installments of $10 million starting October 1.
Combs’ attorney, Marc Agnifilo, defended his client by highlighting that Cardello-Smith is a convicted felon and has a history of sexual assault and kidnapping. He claimed Combs had never heard of Cardello-Smith or the lawsuit, expressing hope for a swift dismissal of the judgment.
On the following Thursday, Agnifilo filed an emergency motion to overturn the default judgment, which was successful this week, according to reports. The lawsuit was sent to a residence owned by Combs in Los Angeles, but the judge found that Cardello-Smith did not adequately serve the lawsuit under Michigan law.
Judge Anzalone also lifted the temporary restraining order preventing Diddy from selling assets that could be used to cover the damages.
As a result, Cardello-Smith’s lawsuit can now move forward without a judgment in place, and Diddy is likely to pursue a complete dismissal of the case.
Combs, remains incarcerated in New York on charges of sex trafficking and racketeering.