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Attorney Ann Olivarius, the chair and senior partner of law firm McAllister Olivarius, told The Times via email that while “default judgments are common … the stakes involved here are high.”
“Generally false accusations of sexual assault are rare and it is uncommon for a defendant to simply ignore proper service,” said Olivarius. “Combs and his attorney must have known that Judge Anzalone had deemed Derrick Lee Cardello-Smith’s service to be proper. I can only conclude that they took a calculated risk by refusing to respond to that service.”
Combs, through his legal representatives, denied the allegations and accused Cardello-Smith of “committing fraud on the court from prison.”
“Mr. Combs has never heard of him let alone been served with any lawsuit,” Combs’ attorney Marc Agnifilo said in a statement to The Times on Tuesday. “Mr. Combs looks forward to having this judgment swiftly dismissed.”
In addition to being named in numerous civil lawsuits alleging sexual misconduct, Combs has been the subject of a federal inquiry into sex trafficking allegations that led to the March raids of his homes in L.A. and Miami. Combs has denied nearly every sexual misconduct allegation levied against him but publicly apologized for assaulting Cassie Ventura, after video surfaced of him violently attacking his then-girlfriend.
“While raids on Combs’ properties have been conducted as part of a criminal sex trafficking probe, no criminal charges have yet been filed against him,” said Olivarius. “The ongoing scrutiny of Combs’ past is a reminder that the civil justice system can add firepower to a criminal system that is often struggling to cope. Civil courts can help bring serial predators to justice through media attention.”
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