Montia Sabbag, 28, claims she was secretly recorded while having consensual sex with the 40-year-old comedian in a room at the Cosmopolitan hotel in Las Vegas and she has accused Kevin, his former pal Jonathan ‘JT’ Jackson, and the hotel of emotional distress, violations of privacy and negligence.
In 2018, Jackson was arrested with attempted extortion and extortion by threatening letter after being accused of trying to leak the tape but Sabbag is now accusing Hart of allowing Jackson to set up a hidden video recording device in the hotel room, TMZ reports.
Jackson has denied ever extorting Hart.
According to court documents obtained by PEOPLE, Sabbag alleges the incident was arranged to “promote [Hart’s] ‘Irresponsible Tour’, which was a record-breaking comedy and to increase his overall pop culture status”.
She is also demanding a trial by jury.
After news of the tape became public, Kevin took to social media to issue an apology to his wife, Eniko Hart, 35, and children.
He said: “I’m at a place in my life where I feel like I have a target on my back and because of that, I should make smart decisions. And recently, I didn’t. You know, I’m not perfect. I’m not going to sit up here and say that I am or claim to be in any way shape or form.
“I made a bad error in judgment and I put myself in a bad environment where only bad things can happen and they did. And in doing that, I know that I’m going to hurt the people closest to me, who’ve I talked to and apologised to, that would be my wife and my kids.
“And I just, you know, it’s a s***ty moment. It’s a s***ty moment when you know you’re wrong and there’s no excuses for your wrong behaviour.
“At the end of the day man, I just simply have got to do better. But I’m also not going to allow a person to have financial gain off of my mistakes and in this particular situation that was what was attempted. I said I’d rather fess up to my mistakes.”
Montia had always denied being involved in the extortion plot and previously spoke about feeling vindicated after Jackson was arrested.
She said: “I was so relieved, this whole process has been crazy and my name has been dragged through the mud. I just feel really happy and fortunate that this has all come to light.
“I know who I am as a person so I really don’t let anything like that bother me but it definitely has taken a toll mentally but it’s all over now so I’m good.”