The 65-year-old man suing DaBaby for allegedly assaulting him at an unauthorized music video shoot has demanded the trial not be postponed any longer — despite the rapper demanding it be pushed until his criminal case over the same incident is resolved, RadarOnline.com has learned.
According to court documents obtained by RadarOnline.com, Gary Pagar, who filed his lawsuit against DaBaby in 2021, said he has waited long enough for justice.
However, Pagar learned that while DaBaby was staying at the property, the rapper had over 12 people for a music video shoot. Pagar drove over to the home after being notified.
The homeowner said he found over 40 people at the home. He confronted DaBaby and demanded people leave the home. He said he was spit on and then DaBaby chased him inside his home.
The two continued their argument which led to DaBaby allegedly punching the man in the face which caused multiple teeth to fall out.
DaBaby warned the man not to call the police, the suit alleged. Pagar said he didn’t listen and called 911 but the rapper fled before officers arrived.
The lawsuit accused DaBaby and his team of trashing the home which cost Pagar thousands in repairs. His lawsuit seeks unspecified damages.
Last year, the L.A. County District Attorney’s Office charged DaBaby with felony battery over the incident. The case is pending. For months, the rapper’s legal team has argued the civil lawsuit should be put on hold until the criminal case is handled.
DaBaby said he would be forced to invoke the fifth amendment during questioning in the civil case unless it was postponed.
Now, Pagar has had enough of waiting around. He said he was “brutally assaulted and battered” by DaBaby on December 2, 2020.
“Pagar knows that fact to be true; [DaBaby] knows that fact to be true; and the numerous eyewitnesses who were huddled around Pagar and [DaBaby] at the time know that fact to be true. The whole incident is also evidenced by several videos—taken on cell phones by eyewitnesses,” the motion read.
“[DaBaby] does not want to admit in a declaration that he assaulted and battered Pagar because it would incriminate him in a parallel criminal case arising out of the assault. Nor can he deny it under oath without committing perjury. But [DaBaby’s] invocation of the Fifth Amendment privilege against self-incrimination and his apparent unwillingness to submit a declaration in opposition to Pagar’s motion for summary judgment is not sufficient ground to warrant a continuance,” he argued.
“In the nearly 2 1/2 years since this litigation has been pending, not a single witness has been produced or deposed to dispute the fact that it was Kirk who assaulted [DaBaby],” the filing read.