Diddy's sexual assault default judgment explained: What it means

Sean Combs, in a patterned black suit and diamond chains, looks to the side.

By Tracy BrownStaff Writer

Sept. 11, 2024 5:28 PM PT

Billionaire rap mogul Sean “Diddy” Combs has been mired in numerous accusations of sexual assault and other misconduct in the last year.

On Monday, a Lenawee County circuit court judge in Michigan issued a $100-million default judgment against Combs, who was sued for sexual assault by inmate Derrick Lee Cardello-Smith.

Cardello-Smith, 51, reportedly filed a civil suit in June that alleged Combs, 54, drugged and sexually assaulted him in 1997 at a party in Detroit. During a virtual hearing in August regarding a request for a temporary restraining order, Cardello-Smith indicated he would be requesting a default judgment in the case since Combs had failed to respond to the lawsuit within the mandated timeline. Combs was absent from Monday’s hearing.

Judge Anna Marie Anzalone set Combs’ payment schedule to $10 million a month for 10 months starting Oct. 1.

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.”

Here is everything we know about Cardello-Smith’s lawsuit against Combs.

Who is the accuser?

Cardello-Smith was described as an “inmate known for his long history of challenging the judicial system with civil lawsuits” by the Detroit Metro Times. He is currently serving time at the Earnest C. Brooks Correctional Facility on numerous counts of criminal sexual conduct and kidnapping, according to online records. It was previously reported that between 2020 to 2024, Cardello-Smith was a named plaintiff in more than 30 civil lawsuits, some concerning prisoner rights.

“[Cardello-Smith] has filed multiple suits while incarcerated and has represented himself in each case,” said Olivarius. “I have no idea how accurate his testimony is, but I would expect the defense to push hard on this, seeking to undermine the credibility of his allegations.”

What are the allegations?

In his lawsuit, Cardello-Smith claims that he met Combs while working in the restaurant and hospitality industry around Detroit. He alleges he was drugged and sexually assaulted by Combs while he was working at a party in 1997.

What is a default judgment?

A default judgment is generally a ruling found in favor of the plaintiff when the defendant fails to properly respond to a court summons or appear in court. The specific criteria and procedures vary by jurisdiction, but the plaintiff usually requests the judge to decide the case without the defendant’s input since the defendant didn’t respond to the official notice that they are being sued.

Can Combs appeal?

According to Olivarius, “Failing to engage with the courts is not a good defense strategy, but it’s also a relatively easy thing for the defense to put aside.”

“It all comes down to whether Combs has a meritorious defense,” said Olivarius. “The courts are more likely to engage with the argument that the suit was without merit than they are to enforce a $100-million default judgment.”

A defendant subject to a default judgment can file a motion that asks a court to vacate the judgment in some situations. This includes a defendant providing a valid reason for not appearing in court or ignoring the summons, such as not knowing about the lawsuit because they were not properly served.

Adds Olivarius: “Beyond this, Combs and his attorney can appeal the $100-million judgment, even if the verdict holds. The courts have broad discretion here so it’s not a foregone conclusion that the default judgment will hold and it’s far from certain that the award will hold.”

There have been some questions raised about whether Cardello-Smith served Combs properly in connection with this lawsuit. Agnifilo has stated Combs was never served. But during the August virtual hearing, Judge Anzalone noted that the court has proof of proper service. At the same hearing, Cardello-Smith claimed that Combs had visited him in prison to discuss the lawsuit.