DJ Envy‘s embattled business partner, Cesar Pina, has been accused of trying to avoid the process servers in a new lawsuit — but the attorney for the plaintiffs isn’t giving up on his quest to properly serve the alleged real estate fraudster.
According to court documents obtained by HipHopDX, Alexander Schachtel Esq. — who is representing Derik DeAngelo, Luis Hernandez, Chamblin Group Real Estate Ventures LLC, and Reispec Developments LLC — has filed a motion for the courts to approve substituted service on December 21.
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Schachtel’s motion argues that Pina — alongside his wife, Jennifer — “appear to be willfully dodging and evading our efforts to serve them with process in this action,” so they are petitioning for service to be done through their attorney, Steven Griegel Esq.
“Plaintiffs have made multiple attempts to personally serve the Pinas with process in the manner prescribed by Fed. R. Civ. Pro. R. 4(e)(2), by personally delivering to them copies of the summons and complaint,” reads the motion.
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It continues: “Plaintiffs now seek leave of court to effectuate service of process by mailing copies of the summons and complaint via regular mail and certified mail, with return receipts requested, as permitted by Fed. R. Civ. Pro. R. 4(e)(1) and New Jersey Court Rule 4:4- 4(b)(1)(C), and via mailing a copy to their attorney Steven Griegel Esq.”
Substituted service — through a third party, for example — is not an acceptable form of service in the state of New Jersey without obtaining a court order, according to New Jersey Rule 4:4-4.
Pina has also been sued by Don Omar, who claimed the alleged real estate fraudster used the reggaeton star’s likeness in his advertising without permission.
According to court documents obtained by HipHopDX, the King of Reggaeton (real name William Omar Rivera) filed the claim on December 19, in which he alleged that the embattled businessman used the “Pobre Diabla” rapper’s photos on his website.
Pina is currently embroiled in allegations of flipping fraud. Through his attorneys, Don Omar claimed that using his image and likeness in such a fashion was a form of “misappropriation, violation of the right to publicity, defamation, false light, fraud and number of applicable torts.”
What’s more, Don Omar claimed that his attorneys initially sent a cease-and-desist letter to Pina on December 4, demanding a removal of the offending images, but Pina refused to comply, thus necessitating the lawsuit.
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This is the second suit Omar has filed against Pina. In November, Omar filed suit over real estate deals in New Jersey and Florida, claiming breach of contract, fraudulent inducement, and unjust enrichment.
In the newest suit, Don Omar’s request for a TRO (temporary restraining order) against Pina to prevent him from using the photos was denied on December 20.
