Bill Cosby seeks sanctions against plaintiff in sexual battery suit and her lawyer
Bill Cosby performs at Thunder Valley Casino Resort in Lincoln, California, in September 2014. Image from Randy Miramontez / Shutterstock.com.
Blasting back at a woman and her attorney over a Tuesday lawsuit accusing Bill Cosby of sexually molesting a 15-year-old girl at the Playboy Mansion four decades ago, counsel for the famous comedian is seeking its dismissal and reimbursement of attorney fees.
In a Thursday court filing, Martin “Marty” Singer says the suit is fatally flawed in several ways and accuses the plaintiff and her lawyer of attempting to extort damages from Cosby prior to bringing the suit. Singer asks that the Los Angeles Superior Court complaint be dismissed with prejudice and also asks the court to award his client sanctions of nearly $33,000, which Singer said Cosby is expending in attorney fees, the Hollywood Reporter’s Hollywood, Esq. blog reports.
The Los Angeles Times (sub. req.) provides a copy of the notice of demurrer filed by Singer, which describes the claims made in Huth’s suit as “patently false” and “inherently unreliable.”
In his filing, which is comparable to a motion to dismiss, Singer claimed Judy Huth’s lawyer, Marc Strecker, initially demanded $100,000 and later sought $250,000 from Cosby on her behalf, threatening to file the suit if the entertainer didn’t ante up, according to Hollywood, Esq.
“Once Mr. Cosby refused to capitulate to his extortionate demands and accused Ms. Huth and her attorney of engaging in a shakedown, plaintiff’s counsel rushed to court within a day to file the lawsuit in an attempt to avoid the ramifications of engaging in extortion,” the filing states.
Singer argues that the lawsuit falls outside the California statute of limitations for sexual assault civil claims. The law allows plaintiffs to sue within three years of discovering psychological illness caused by sexual abuse and Huth says in her complaint that she only recently discovered the “psychological injuries and illnesses” she suffered were because of Cosby’s alleged sexual battery and infliction of emotional distress. However, Singer challenges that claim, contending it couldn’t be true because Huth tried to sell her story to tabloids nearly a decade ago.
Further, the suit should be dismissed without leave to amend and refile, Singer said, because Huth and Strecker didn’t comply with two procedural rules. One requires plaintiffs over 26 years old to file, along with their civil complaint for sexual assault, certificates of merit by the attorney and a mental health practitioner. The other bars a plaintiff from identifying the defendant by name until the certificates of merit have been approved by the court.
“The prejudicial impact of plaintiff’s identifying Mr. Cosby by name in this suit cannot be overstated,” Singer wrote.
The articles don’t include any comment from Huth or her lawyer and say he did not respond to messages seeking his input.
See also:
ABAJournal.com: “Lawyer’s demand-letter threat to reveal sexual liaisons was not extortion, appellate court says”
Los Angeles Times (sub. req.): “Gloria Allred: Cosby should have $100 million ready for victims”
