A judge Tuesday declined to halt proceedings that could lead to a default judgment against a model who was sued for defamation by Cleveland Cavaliers center Tristan Thompson after claiming he was the father of her 5-year-old son.
Los Angeles Superior Court Judge Rafael Ongkeko stated in a written ruling that the defendant, Kimberly Alexander, did not follow proper court procedure in asking for relief and failed to provide evidence backing her claim that she has health problems.
Alexander did not appear in court or contact the court through its audio system. In a handwritten motion filed Aug. 13, Alexander said she wanted to stop the default process so she could hire an attorney. She said she is currently not working because of the coronavirus pandemic.
Alexander further stated she has lupus, that her son has asthma and that she is telling the truth about Thompson being his father.
“Tristan Thompson and I were in a relationship and everything that I have been saying is true, which he knows,” she wrote.
But in his ruling, the judge said Alexander did not serve a copy of her request for default relief on Thompson and did not offer evidence of her health issues.
Thompson’s lawyer, Allison S. Hart, told the judge the model said in a recent email that she was having surgery on Tuesday.
Thompson, 29, sued Alexander on May 16, alleging that the model, a longtime Florida resident, moved to California likely because she believed the law would be more favorable to her in this state in a paternity proceeding. The suit also states Alexander has money problems and has been evicted from five homes in the past seven years, including as recently as July 2019.
Although a DNA test determined Thompson is not the father of the child, she has “maliciously accused Thompson of being a deadbeat dad, neglecting and failing to take financial responsibility for the child since birth,” the suit states.
“Such statements are absolutely false and are defamatory …,” the suit states. ” To quote Michael Jackson, `the kid is not (his) son.”’
After the DNA test proved that Thompson was not the father of her child, Alexander refused to accept the results and falsely accused Thompson and others allegedly acting on his behalf, including Khloe Kardashian, the mother of Thompson’s daughter, of manipulating the results, the suit states.
“That statement is also a malicious lie,” according to the suit.
After Thompson’s lawyers sent Alexander a letter demanding she stop allegedly defaming him, she stepped up her false attacks on the NBA player on Instagram, the suit alleges.
Thompson agreed to take a second DNA test, but Alexander refused, the NBA player says in a sworn statement in which he accuses Alexander of damaging his reputation and interfering with his employment.
“Ms. Alexander obviously knows that I am not the father of her child and that a second DNA test performed by a reputable … lab would reach the same conclusion, that I am not the father of Ms. Alexander’s son,” Thompson said.
Thompson said his commercial endorsement deals have “morals clauses” giving the businesses the option of ending their contract with him if he engages in “certain behavior or conduct that may cast the team or the brand in a negative light publicly.”
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