Lawyers for singer Pink and her husband state in new court papers that the couple was justifiably angry at a paparazzo for photographing their baby girl during a diaper change in Malibu and argue the case against their clients should be dismissed.
In court documents filed last week in Los Angeles Superior Court, attorneys for the entertainer and her spouse, motocross racer Carey Hart, say that under the law, neither assaulted or battered plaintiff Boris Issaei during a June 13, 2013, run-in because words alone do not amount to a physical attack.
The 34-year-old Pink, whose real name is Alecia Beth Moore, allegedly told Issaei, "You're photographing my baby naked," while Hart allegedly yelled obscenities at the plaintiff. Issaei alleges the couple's friend, Nader Heydari, kicked the photographer in one shin and stomped on his feet while Hart acted as a lookout.
Issaei also alleges that after he tried to explain to Pink that he was not trying to photograph Willow naked and said she should stop Heydari from hurting him, she replied, "You deserve it" and also used epithets toward him.
But in their court papers, attorneys for Pink and Hart, 38, say Issaei took the images without the couple's consent and angered both them and Heydari.
"The three defendants were properly upset that plaintiff had photographed the baby girl's exposed private parts during the diaper change," the Pink-Hart attorneys state in their court papers, adding that Issaei has not alleged either made any physical contact with him.
Pink and Hart were not legally obligated to prevent Heydari from allegedly assaulting Issaei and cannot be held liable for Heydari's alleged damaging of his camera by kicking it off a table while he was calling 911 for help, the Pink-Hart lawyers state in their court papers.
Issaei also cannot legally claim that the harsh words he maintains the couple used toward him caused his alleged emotional distress, the suit states.
A hearing on the couple's dismissal motion is scheduled April 3. Heydari has separate legal representation and his lawyer has filed a general denial of any wrongdoing on his client's part, saying that "defendant's actions, if any, were necessary to prevent a criminal act from occurring, child pornography."
--City News Service