Lawyer Seeks Default Judgment Against Lindsay Lohan in Paparazzo Lawsuit

A default judgment should be considered against Lindsay Lohan for skipping a court-ordered deposition in a lawsuit by a paparazzo who alleges the actress is partially responsible for injuries he received when struck by a car in which Lohan was a passenger, an attorney for the photographer says in new court papers.

"She is purposely making it impossible for plaintiff to discover evidence and information essential to proving his case and her willful disregard for the court and the discovery process merits her being barred from further defending this case," attorney Neil Steiner says on behalf of his client, Grigor Balyan, in court papers filed last Friday.

On Feb. 26, Los Angeles Superior Court Judge Ronald Sohigian in preparing the motion to compel her deposition.

The judge scheduled the deposition for April 8, but the actress spent the day in New York eating sushi and appearing later with David Letterman on the "Late Show," according to Steiner's court papers.

During the February hearing, Sohigian told Lohan lawyer Julia Azrael that the actress faced more possible sanctions if she did not show up for the April 8 deposition at Steiner's Beverly Hills office.

Steiner says in his court papers that if Sohigian does not choose to start the process toward a default judgment against the "Mean Girls" actress, he should consider barring her testimony at trial as an alternative. A hearing on Steiner's motion is scheduled May 17.

"A defendant who refuses to cooperate in the taking of his deposition warrants sanctions prohibiting him from testifying on his own behalf at trial," Steiner's court papers state.

Lohan has not paid the $1,000 fine assessed by Sohigian, according to Steiner's court papers.

Balyan alleges the 26-year-old Lohan's driver, Paola Demara, ran into him in Hollywood two years ago as he was taking photographs of the actress. He is claiming medical expenses of about $16,500.

Steiner said the vehicle was a rental car and that Lohan, sitting on the passenger side at the time of the accident, had the best view of what happened.

Steiner, on behalf of Balyan, filed court papers Feb. 1 with Sohigian stating that he had served notice to the actress' lawyers in December asking that she initially be made available for a deposition Jan. 31.

Lohan's lawyers replied on Jan. 30 that it was their "understanding" that Lohan was "out of the state," Steiner's court papers state.

Steiner said the information about Lohan not being in California at the time was inaccurate. In his court papers, he stated that Lohan was in a Los Angeles courtroom Jan. 30 to face a judge regarding criminal allegations stemming from a car crash last year.

"Rather, as was apparent to anyone watching Los Angeles local news on Jan. 30 (Lohan) was in Los Angeles to make an appearance for her pretrial hearing on three misdemeanor charges involving a motor vehicle accident on Pacific Coast Highway in June," Steiner's court papers stated.

Steiner said Lohan could have attended her deposition the next day after all.

Balyan filed suit in January 2012. He has named both women and Lohan's company, Crossheart Productions Inc. He wants damages for lost wages, medical expenses, property damage and lost earning capacity.

Balyan alleges the car bumped and injured him on Jan. 10, 2010, outside a club on Cahuenga Boulevard in Los Angeles.

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