LOS ANGELES - Saying he is entitled to a trial of his assault and battery allegations against his former fiancee Blac Chyna, Rob Kardashian has provided the court with his own sworn declaration and other new evidence in opposition to her renewed bid to have his case dismissed.
"Chyna has never refuted the key evidence supporting Rob's claims, in particular the sworn statements of multiple third-party witnesses, who each independently confirmed that Chyna violently attacked Rob in 2016, pointed a gun at his head, threatened to kill him, ripped his shirt, beat him about the face and neck with her fists and destroyed property inside the home they shared," according to Kardashian's lawyers, who filed new court papers on their client's behalf in Los Angeles Superior Court on Monday and Wednesday.
Chyna's "outlandish defense that she simply was being her very outgoing, colorful, and joking self with Rob when she threatened to kill him and then physically attacked him should not be countenanced by this court," Kardashian's lawyers state in their court papers. "Pointing a gun at another person's head while threatening to kill him, followed by acts of strangulation and physical assault with a metal pole and fists, is not a joking matter."
Kardashian sued Chyna, a model and socialite whose real name is Angela White, in September 2017, alleging that she committed domestic violence against him on Dec. 14, 2016, at the Hidden Hills home they shared and that belonged to his sister, Kylie Jenner.
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In a September 2020 ruling, Judge Randolph M. Hammock denied Chyna's initial motion to dismiss Kardashian's case. But in May, Chyna's attorney, Lynne Ciani, filed a renewed motion to dismiss the case, citing what the lawyer said are "bombshell admissions" by Kardashian in Los Angeles County Department of Children and Family Services reports that Chyna never committed any domestic violence against him, the socialite and model is renewing her dismissal request.
Media reports surfaced in 2017 that the DCFS had taken steps to look into the well-being of the couple's daughter, Dream Renee, who is now 4 years old. Attorneys for Chyna and Kardashian said at the time they were unaware of any investigation. The DCFS reports became available after the presiding judge of the Los Angeles Juvenile Court ruled they were relevant to Chyna's defense in the Rob Kardashian suit, Ciani states in her court papers.
"Rob's fatal, pre-lawsuit admissions in the DCFS reports that Chyna had never hit him and never committed domestic violence against him, combined with previously filed contemporaneous videotape evidence proving that Rob did not have a scratch on him ... prove that no reasonable juror could find in Rob's favor on his assault and battery claims," Ciani states in her court papers.
"Rob did not think Chyna was trying to kill him," Ciani further states in her court papers. "When asked about her alleged violent conduct ... Rob testified, in part, `It's just, when you're drunk, people do dumb things,"'
But lawyers for Kardashian include in their new court papers sworn declarations about the incident from various people, including the plaintiff himself.
"When Chyna is drunk and high, she is very strong," Kardashian says. "As the night went on and she became more and more intoxicated, her behavior escalated and she became very violent and aggressive."
In addition to threatening him with his own gun, Chyna tried to choke him, Kardashian says.
"While I was in the living room, Chyna came up behind me with an iPhone charger and wrapped it around my neck tightly and started choking me with the charger," Kardashian says. "At one point, as Chyna was choking me with the charger wrapped very tightly around my neck, I was fortunate enough to pull the cable off my neck. I went to the master bedroom to get away from her and locked the door."
Kardashian says he later shared what happened with family members.
"I told my mom, Kris, and my sisters, including Kim Kardashian West, Khloe Kardashian and Kylie, about Chyna's violent attack, and told them that I thought Chyna had tried to kill me," he says. "I was embarrassed to talk about the way Chyna treated me."
In a separate declaration, Kris Jenner's boyfriend, Corey Gamble, says he went to the home the next morning and found Chyna attacking Kardashian while in an agitated state.
"It was clear from her demeanor that she had been up all night on a bender and had not slept," Gamble said. "She smelled of alcohol and was drunk and also appeared to be under the influence of drugs."
Gamble says he helped Kardashian get outside and into his car so he could drive to safety at the home of a friend, Victory Belz, but that he had to first drive his own car out of Kardashian's way.
"While I was moving my car, I watched Chyna pick up a chair and hurl it at Rob's car as he was trying to leave," Gamble says.
In his declaration, Belz says he saw Chyna drinking champagne and pointing a gun at Rob Kardashian while the two men were having a FaceTime call the night of the incident.
"It was not funny and the threat was upsetting," Belz says. "It was also upsetting to see Chyna and Rob's home life ruined by Chyna's alcohol abuse as she made her drunken rambling threats while holding a gun."
Chyna's renewed motion for dismissal of Kardashian's suit is scheduled Oct. 12 before Judge Gregory Alarcon. Chyna also is awaiting trial of her own lawsuit against members of the Kardashian and Jenner families who she believes are responsible for the cancellation of her former E! show, "Rob & Chyna."
Chyna, 33, and Kardashian, 34, began dating in January 2016 and their daughter was born that November. They broke up in the summer of 2017.
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