|
 Cosby, 78, whose career and public image as the model American
family man have been shattered by mounting allegations of sexual
misconduct, lost a previous bid to fend off the same lawsuit on
similar grounds last year.
His accuser in that case, Judy Huth, now in her 50s, sued Cosby in
December 2014, alleging that he plied her with alcohol and molested
her during an encounter at the Playboy Mansion in Los Angeles in
1974, when she was 15.
Cosby has called Huth's account a fabrication and asserted that her
case against him grew out of a failed extortion attempt.
Huth is one more than 50 women who have come forward over the past
two years to publicly accuse Cosby of rape and other forms of sexual
abuse. Most involve incidents said to have occurred a decade ago or
more, too long to be criminally prosecuted, or even litigated in
civil court.
 But authorities in Pennsylvania charged the entertainer in December
with sexually assaulting a woman in 2005. And at least nine other
women - eight of them in Massachusetts - are currently suing Cosby
for defamation, claiming they were smeared by his public assertions
that their allegations of sexual wrongdoing were false.
Huth, however, filed her suit under a California law allowing
victims of childhood abuse to sue beyond the statute of limitations
if, within the last three years, they have realized they suffered
from psychological damage that previously was repressed.
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Cosby's lawyers have countered that Huth's claim fails to meet that
test, saying she "unsuccessfully tried to sell her story to the
tabloids nearly a decade ago."
"This fact belies the allegations in the lawsuit that (Huth) only
just discovered the basis for her claims within the past three
years," defense lawyers argued in their court filing. According to
Cosby's lawyers, Huth sued the comedian only after unsuccessfully
trying to extort him for hush money.
Cosby's lawyers also have sought dismissal of Huth's complaint on
grounds that she lacked the required certification from mental
health professionals to support her claims.
Los Angeles County Superior Court Judge Craig Kaplan was expected to
hear arguments from both sides and possibly render a ruling on
Thursday.
(Reporting by Steve Gorman in Los Angeles)
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