Reports say that Kevin Hart wants a judge to toss his sex tape lawsuit. According to new legal docs — which was obtained by TMZ, the actor and comedian has claimed that he was not properly served in the case filed against him by Montia Sabbag — his sex tape partner who sued him for $60 million. Hart wants the suit dismissed because he claims the process server “simply threw a set of papers out of a car window in view of a security guard” outside the gate of his home.

The guard claims that he doesn't live at Kevin's residence and he wasn't authorized to accept service of a legal complaint. Sabbag is suing for $60 million, and has accused Kevin and his friend conspired to tape their encounter.