AceShowbiz - In a recent legal development, Will Smith and his legal team have filed a motion urging a judge to dismiss a sexual harassment and retaliation lawsuit brought by electric violinist Brian King Joseph. The lawsuit, which centers around Joseph’s claims against Smith during the 2024 Based on a True Story tour, has been described by the defense as a “farce” and an attempt to exploit the court system for financial gain.

The motion, dated February 20 and obtained by Billboard, represents Smith’s initial formal response to allegations made by Joseph in December. Joseph, known for placing third on season 13 of America’s Got Talent, alleges he was unjustly terminated from the tour after reporting an incident in which someone broke into his Las Vegas hotel room and left sexually suggestive items behind.

Smith’s attorneys, from the firm Gordon Rees Scully Mansukhani, strongly deny the claims and characterize Joseph’s lawsuit as malicious and baseless. According to the motion, “The false and salacious allegations in plaintiff’s complaint undoubtedly make for tabloid fodder but, like most tabloid stories, they are untrue, inflammatory, legally baseless, and are nothing but an attempted money grab.”

The lawsuit details that Joseph found a bottle of HIV medication, an earring, and a note left in his hotel room, but neither the identity of the perpetrator nor their motives have been established. Smith firmly denies any involvement, stating that neither he nor anyone associated with his team could have been responsible.

Joseph’s case attempts to implicate Smith by alleging he engaged in “grooming” behavior prior to the hotel incident. However, Smith calls this an “absurd conclusion,” emphasizing that he was never alone with Joseph at any point during the tour. The defense further argues that Joseph’s dismissal was not related to any harassment complaint but was a result of professional issues.

According to the motion, Joseph frequently arrived late to rehearsals, exhibited erratic behavior, and made other performers uncomfortable, which led to the decision to exclude him from subsequent tour performances. “Plaintiff was never promised a regular position in the band,” the filing states. “Ultimately, it was determined that plaintiff was not a good fit for the band and he was not invited to perform at further shows.”

Smith is requesting that the Los Angeles court dismiss the lawsuit entirely, arguing that Joseph has failed to present any credible facts supporting his claims. The motion contends that the allegations are legally insufficient and should be rejected to prevent misuse of the judicial system.

Brian King Joseph’s attorney, Jonathan J. Delshad, responded to the motion on February 27, emphasizing that the matter will be decided by a jury rather than by Smith’s opinions or legal statements. “A jury’s ultimate determination matters more to us than Mr. Smith’s opinion of this case,” Delshad said.

He also dismissed the defense’s statements as mere “press-release rhetoric” lacking evidentiary support. Delshad affirmed that they will actively oppose the dismissal motion and present their evidence in court. “When the case is complete, the gap between the rhetoric and the factual record will be obvious,” he added.

The hearing to consider Smith’s motion to dismiss is scheduled for April. Until then, the legal battle between the two parties will continue to unfold.