A lawsuit claiming DaBaby punched a 64-year-old man, knocked out his tooth, stole his telephone, and trashed his Hollywood Hills mansion has been suspended pending decision of a parallel felony battery cost in opposition to the controversial rapper, a Los Angeles decide dominated Tuesday.
Los Angeles County Judge Terry Green stated DaBaby, whose actual identify is Jonathan Kirk, has a Fifth Amendment proper to refuse to sit for a deposition or reply any written discovery questions within the civil case whereas he’s additionally going through up to 4 years behind bars if convicted of the “battery with severe bodily damage cost” filed in opposition to him by the Los Angeles County District Attorney’s Office.
“I can’t say no to them. They have a felony grievance,” Judge Green stated at a Tuesday morning listening to in downtown Los Angeles. “This isn’t just a possible on the market within the universe that, ‘Gee, possibly the D.A. may file on this.’”
But the decide stopped wanting freezing your complete lawsuit, saying he would enable plaintiff Gary Pagar, the alleged sufferer within the legal case, to proceed his pursuit of paperwork and third events associated to his civil claims of battery, fraud, breach of contract, conversion and trespassing.
In his February 2021 grievance, Pagar says he rented his six-bedroom luxurious house to Kirk in November 2020 underneath a “trip” lease that explicitly acknowledged not more than 12 folks might occupy the property.
Pagar claims Kirk violated the settlement virtually instantly, inviting some 40 folks to the property, together with an expert movie crew. He alleges Kirk was filming a video for the song “Play U Lay,” directing rapper Stunna 4 Vegas and social media persona Jake Paul to carry out for cameras on the property with out correct permission.
According to the grievance, Kirk and his cohorts destroyed the house’s Nest safety digital camera shortly after Pagar reached out and demanded that the business shoot be terminated. When Pagar confirmed up in particular person on Dec. 2, 2020, to implement the lease settlement, Kirk allegedly “sucker-punched (him) within the face, knocking out his tooth and leaving him bruised and bloodied,” the lawsuit states.
Pagar claims Kirk and a gaggle of unidentified males swarmed him in entrance of his home, “pushing him, shoving, spitting on him, threatening him, and taunting him.” He says Kirk and the lads “tossed” Pagar’s telephone backwards and forwards and scratched Pagar’s automotive with keys.
The lawsuit alleges Kirk fled the scene shortly after Pagar alerted him police had been on the best way. The grievance and its reveals state the house was left in shambles. Pagar claims he had to pay $1,300 to repair stained carpeting, $1,000 to reupholster broken eating chairs, $575 to re-felt a pool desk, and $1,680 to restore wooden flooring. Pagar additionally claims he by no means noticed his $1,149 telephone once more.
Kirk has pleaded not responsible to the felony battery cost and filed his movement final month asking the court docket to put the civil lawsuit on ice till the legal matter runs its course.
The “Rockstar” rapper argued that as a result of the circumstances contain the identical dispute courting again to December 2020, he has a Fifth Amendment proper to keep away from self-incrimination and conceal his protection forward of a doable legal trial.
“Kirk is in an inconceivable catch22 scenario whereas each the civil and legal circumstances are continuing, and the one answer is to keep this motion instantly till the legal case is resolved,” Kirk’s legal professionals, William J. Briggs, and Joshua M. Rosenberg, wrote in his Oct. 13 submitting.
Kirk, 30, beforehand pleaded responsible to a misdemeanor cost of carrying a hid weapon after he fatally shot 19-year-old Jaylin Craig at a North Carolina Walmart in 2018.
The musician claimed self-defense, however the useless man’s household disputes that, claiming Kirk instigated the bodily dispute that led up to the capturing. An unique video beforehand obtained by Rolling Stone reporter Cheyenne Roundtree appears to support the family’s claim.
Kirk, who drew widespread condemnation for homophobic remarks at Rolling Loud Miami final yr, is also being sued by the brother of his ex-girlfriend DaniLeigh over an alleged bowling alley brawl 9 months in the past. The brother, Brandon Curiel, claims Kirk physically assaulted and injured him at Corbin Bowl in Los Angeles on Feb. 10, 2022.
DaniLeigh, 27, shares a child daughter in addition to a turbulent relationship historical past with Kirk. Late final yr, she was feeding their daughter at his residence when he began recording a video and known as the police to bodily take away her from the penthouse.