DaBaby Uses Felony Battery Case to Delay Lawsuit Claiming He ‘Sucker Punched’ 64-Year-Old Man
It looks like DaBaby is trying to dodge some of his legal woes.
According to reports, a Los Angeles judge ruled Tuesday (Nov. 8) that DaBaby won’t have to sit for a deposition or answer any written discovery questions in the civil lawsuit until his criminal battery charge is resolved.
A lawsuit claiming DaBaby (born Jonathan Kirk) punched a 64-year-old man, knocked out his tooth, stole his phone, and trashed his Hollywood Hills mansion has been suspended pending resolution of a parallel felony battery charge against the controversial rapper.
Los Angeles County Judge Terry Green said the “Rockstar” rapper has a Fifth Amendment right to refuse to sit for a deposition or answer any written discovery questions in the civil case while he’s also facing up to four years behind bars if convicted of the “battery with serious bodily injury charge” filed against him by the Los Angeles County District Attorney’s Office. However, the judge is still allowing the plaintiff Gary Pagar–the alleged victim in the criminal case–to continue his pursuit of documents and third parties related to his civil claims of battery, fraud, breach of contract, conversion and trespassing.
In his February 2021 complaint, Pagar says he rented his six-bedroom luxury home to DaBaby in November 2020 under a “vacation” lease that explicitly stated no more than 12 people could occupy the property. Pagar claims the rapper violated the agreement almost immediately, inviting nearly 40 people to the estate, including a professional film crew. He alleges DaBaby was filming a video for the song “Play U Lay,” directing rapper Stunna 4 Vegas and social media personality Jake Paul to perform for cameras at the property without proper permission.
According to the complaint, DaBaby and his cohorts destroyed the home’s security camera shortly after Pagar reached out and demanded that the commercial shoot end immediately. When Pagar showed up in person on Dec. 2, 2020, to enforce the lease agreement, DaBaby allegedly “sucker-punched (him) in the face, knocking out his tooth and leaving him bruised and bloodied,” the lawsuit states.
Pagar claims DaBbay and a group of unidentified men swarmed him in front of his house,
“pushing him, shoving, spitting on him, threatening him, and taunting him.”
He says DaBaby and the men “tossed” his phone back and forth and scratched his car with keys.
The lawsuit alleges DaBaby fled the scene shortly after Pagar alerted him police were on the way. Pager claims his home was left in shambles. He alleges that he had to pay $1,300 to fix stained carpeting, $1,000 to reupholster damaged dining chairs, $575 to re-felt a pool table, and $1,680 to repair wood flooring. Pagar also claims he never saw his $1,149 phone again.
DaBaby has reportedly pleaded not guilty to the felony battery charge and filed his motion last month asking the court to put the civil lawsuit on pause until the criminal matter has been resolved. The “Suge” rapper argued that because the cases involve the same dispute dating back to December 2020, he has a Fifth Amendment right to avoid self-incrimination and conceal his defense ahead of a possible criminal trial.
In an October filing, DaBaby’s lawyers wrote:
“Kirk [DaBaby] is in an impossible catch22 situation while both the civil and criminal cases are proceeding, and the only solution is to stay this action immediately until the criminal case is resolved.”
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