In the lawsuit, Rob Kardashian claimed that Blac Chyna attempted to choke him with an iPhone cord during an intense fight

By Maria Pasquini
February 13, 2020 05:21 PM

Blac Chyna wants Rob Kardashian’s 2017 lawsuit against her to be thrown out.

On February 8, Chyna filled motion to dismiss her ex’s assault and battery claims on the grounds that “because Chyna did not intent to inflict injury on Rob and because she did not in fact harm him, Rob’s claim for assault and battery fail,” according to court documents obtained by PEOPLE.

Kardashian, 32, and his sister Kylie Jenner filed the lawsuit in 2017. In it, Kardashian claimed that Chyna, 31, attempted to choke him with an iPhone cord during an intense fight the previous December, which took place at a home owned by Jenner, 22.

In addition to allegedly suffering injuries to his neck, head and face, Kardashian claimed that Chyna did extensive damage to Jenner’s home, which Jenner claimed were in excess of $100,000.

RELATED: A Complete History of Rob Kardashian & Blac Chyna’s Ups and Downs

As part of Chyna’s motion, she submitted a document of “undisputed” evidence that allegedly demonstrated Kardashian “did not suffer any cognizable” damage. The motion claims that “the only ‘harm’ Rob suffered that night relates to his heartbreak that Chyna moved out of Kylie Jenner’s home with their newborn baby girl, Dream,” who was born in November 2016.

The court documents also point out that the pair reconciled several days later and that Kardashian — who went on to drop all but two of the charges he initially made against Chyna — “did not seek medical treatment” or “suffer any loss of earnings” after the incident. Jenner also “voluntarily dismissed her claims” in March 2018.

“Other than admitted damage to a T.V. set, Chyna did not cause any physical destruction to Kylie Jenner’s home during the alleged ‘assault,’ ” Chyna’s lawyer says in the lawsuit, claiming that on the night in question “Chyna was being her very outgoing, colorful and joking self with Rob, not a Fiancé who intended to inflict injuries on her fiancé and the father of her beautiful daughter.”

Rob Kardashian and Blac Chyna
Gabriel Olsen/WireImage; Phillip Faraone/WireImage

“Chyna has filed a motion to dismiss the baseless assault and battery claims filed by her ex-fiancé Rob Kardashian,” her lawyer told Entertainment Tonight in a statement, adding that Chyna still has two pending court cases against Kardashian and his family.

“Chyna’s claim against Rob Kardashian for posting illegal Revenge Porn Photos of her will be tried before a jury on May 26, 2020,” the statement continued. “Chyna’s claims against Kris Jenner, Kim Kardashian, Khloe Kardashian, and Kylie Jenner for illegally getting Season 2 of her #1 Hit Show on E! cancelled will be tried before a separate jury immediately after the conclusion of the Revenge Porn trial against Rob.”

Kardashian’s lawyer Marty Singer released his own statement, alleging that Chyna’s motion was “without merit.”

“She admitted in her deposition that she wrapped an iPhone charger cord around Rob’s neck. In addition, there are several third parties who witnessed the assault. We feel confident that the court will deny the motion,” he said in a statement to New York Daily News.

RELATED: Khloé Kardashian ‘Will Do Everything She Can’ to Help Rob Win Custody of Dream, Source Says

The former couple is also locked in a custody battle of their 3-year-old daughter. Rob has reportedly filed for primary custody, claiming in a sealed court filing previously obtained by TMZ that Chyna is “out of control,” and spending “$600 on alcohol” daily.

PEOPLE had not independently reviewed those alleged court filings and representatives for Rob and Chyna did not immediately respond to PEOPLE’s request for comment.

Rob also claims that Chyna’s alleged partying ways have affected Dream’s behavior, according to the filing obtained by TMZ, and is seeking to have Chyna’s parenting time reduced to just weekends with a nanny present.

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