Kevin Hart recently asked a judge to dismiss a $60 million sex tape lawsuit against him because he alleges the plaintiff served him the documents by throwing them onto his driveway last month.

Because the plaintiff, Montia Sabbag, did not properly serve the papers, the comedian and actor's attorney said the case should be dismissed, according to the Philadelphia Inquirer. Hart's security guard Ray Dudgeon said in a statement that Sabbag "drove by Hart's home and threw a summons and complaint out of a car window in the sight of."

Dudgeon said the papers landed several yards from him, and he had not been given authorization to accept the served legal papers. In Hart’s legal documents, there are attached photos of papers strewn across the grounds and a gray Ford sedan nearby.

Sabbag’s case had previously been dismissed about a technical issue with the filing, but she has since amended and refiled the complaint. The lawsuit claims that while having consensual sex with Hart in a Las Vegas hotel in 2017, the sexual act was being filmed, unbeknownst to Sabbag. It further explains that the filming was done by an associate of Hart’s, J.T. Jackson, who was seeking publicity for his upcoming comedy tour. Jackson was later charged with extortion over the incident, with Hart claiming that he was also a victim.

Hart discusses the ordeal in his recent Netflix docuseries, describing the moment as the “lowest moment” of his life. His wife, Eniko, revealed that she learned about the sexual encounter via an Instagram direct message.

“I don’t know who it was, sent me an edited video of Kevin and another woman,” she said. “I was pregnant at the time. I was about seven, eight months pregnant, I was having breakfast, I opened my phone and immediately I just lost it.”

There’s no word whether the judge will dismiss the lawsuit based on how it was served to Hart.

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