DaBaby has requested that a Los Angeles judge postpone his upcoming civil trial regarding a 2020 assault.
According to RadarOnline, attorneys for the North Carolina rapper (born Jonathan Kirk) filed a motion last week requesting a delay in his courtroom showdown with Gary Pagar. The man filed a lawsuit against Baby in February 2021, claiming he was assaulted for simply enforcing “basic rental rules” at his North Carolina property, which Baby was leasing.
A hearing in the case had been scheduled for April of this year, however DaBaby’s lawyers maintained that they have to give precedent to a criminal case surrounding the same incident over Pagar’s civil suit. In April of last year, DaBaby was charged with felony assault for allegedly punching Gary Pagar during a dispute over an unauthorized video shoot at the man’s home.
The new legal documents filed by DaBaby’s attorneys stated that he “cannot be called to testify in this matter until after his criminal case has been resolved, which will not be until October 2023, at minimum.”
The attorneys added: “If the trial date is not continued, [DaBaby] will not be able to respond to discovery or testify without providing information that could potentially incriminate him in the parallel criminal case. The trial date must be continued to protect [DaBaby’s] Fifth Amendment rights.”
The court proceedings surrounding the lawsuit have now been pushed to October 23.
According to Gary Pagar’s filing, when DaBaby signed a lease for the property in Troutman, North Carolina, he and his management team agreed that no more than 12 people would be on the property at any given time, to comply with COVID-19 restrictions.
On December 2, 2020, Pagar visited the property and discovered upwards of 40 people and a film crew filming a video, which he attempted to shut down by talking to DaBaby. Instead, he says he was attacked and ultimately sucker-punched by the “BOP” rapper, who knocked his tooth out in the process.
Pagar also alleges DaBaby and his crew fled when police were called and not only stole “valuable kitchenware,” but also left behind thousands of dollars in damage (including a security camera) and didn’t pay the full lease.
He further stated that he had been spit on and that people tried to keep him from reclaiming his phone. DaBaby’s manager, Kinsza Virgil, was also listed as a plaintiff in the civil complaint.
While both the civil and criminal cases around his interaction with Pagar remain in limbo, DaBaby has emerged victorious in a $6 million federal lawsuit accusing him of battery, breach of contract and defamation.
Baby had been accused of beating and robbing a Miami-based concert promoter named Kenneth Carey, while also backing out of a deal to host an event almost three years ago.
After a five-day trial, a jury found in favor of DaBaby on Monday (December 19), according to TMZ.
Additionally, Carey and fellow plaintiff Steve Anyadike were found to be liable for invasion of privacy and unauthorized use of name or likeness in a countersuit filed by the rapper.
“Along with our client, Jonathan Kirk (DaBaby), we are thrilled that this federal jury, after a five-day trial, came to the same conclusion that we have maintained for almost three years — that these plaintiffs were attempting to use the legal system to shake down Mr. Kirk,” the rapper’s attorney, Drew Findling, said.
“Mr. Kirk deserves all the credit in the world for not caving in to these plaintiffs’ cash demands and having the confidence in the facts and his legal team to take this to a jury trial for a complete and total victory!”
Findling also celebrated the victory on Instagram, posting a photo of him, DaBaby and the rest of his legal team flashing smiles and throwing up hand gestures for the camera outside the courthouse.