Lindsay Lohan is claiming to be living in New York when, for the next few months, she will be working at a morgue in California to complete community service. The lawyer representing rapper Pitbull is questioning the claim in Lohan's lawsuit against him.
The actress was ordered by a judge to work at least 12 days a month at the county morgue until she completes the 53 remaining days on her court-ordered community service
Lohan filed the original suit in New York State Court, in which she said she was a resident of Nassau County in her mother's home.
The 25-year-old actress is currently suing Pitbull for rapping about her. The lyric that set off a lawsuit went like this: "Hustlers move aside, so I'm tiptoein’, to keep flowin’ / I got it locked up like Lindsay Lohan."
Lohan’s lawsuit tests the First Amendment by claiming Pitbull's words caused her "tremendous emotional distress" and were "destined to do irreparable harm" to her image as "a professional actor of good repute."
Pitbull counters that she has been living in California since 2004, and "given her frequent legal troubles, Ms. Lohan possesses irrevocable ties to California that are likely to keep her there for the foreseeable future."
The Miami rapper concludes, "Thus, in light of Ms. Lohan's continuing obligations to the State of California, as well as the foregoing facts, Ms. Lohan is a citizen of California, not New York."
Pitbull's lawyers also direct attention to the fact that Lohan provided a sworn affidavit of her California residency in a lawsuit involving allegations of a stolen spray tan formula, and last year, a judge ruled in Lohan's lawsuit against eTrade over its "milkaholic" baby commercial that she had not proven residence in Nassau County and ordered a change in venue.
The rapper wants the case transferred out of New York State Court and into federal court, where he thinks he will have a better shot of winning the legal fight.