A lawsuit accusing Trey Songz of a “brutal” sexual assault was tossed out Tuesday.
Los Angeles County Superior Court Judge Shirley K. Watkins dismissed the case after the plaintiff failed to file a rebuttal to Songz’s claim that the statute of limitations had run out.
“Jane Doe” had until Oct. 19 to respond.
“Plaintiff was required to present argument and facts to show that the pleading defect can be cured. Because plaintiff did not file an opposition, plaintiff has not met her burden,” Watkins wrote in her decision. “The court finds the action to be time-barred.”
The woman filed the lawsuit in February, alleging that the singer, whose real name is Tremaine Neverson, turned into “a savage rapist” after they went to a bedroom for what she believed would be consensual sex.
She alleged Songz threw her to the floor, ripped her pants off, pinned her down and anally penetrated her. She claims that an Uber driver noticed she was in “clear distress” and took her to a hospital.
The alleged assault was reported to Los Angeles police, according to the lawsuit, which sought at least $20 million U.S. in damages.
Songz denied the claims, which were never tested in court.
“Even if plaintiff’s allegations are true – and defendant vehemently maintains they are not – plaintiff’s claims are facially time-barred under the applicable two-year statute of limitations,” his lawyer Randall M. Awad wrote in a filing.
Songz has released eight albums since 2005 with hits like “Say Aah” and “Bottoms Up” that earned him three Grammy nominations.