The music mogul did not supply enough evidence to support his claim that the statute of limitations had run out, the judge said.
ADVERTISEMENTA California lawsuit in which a woman accuses music mogul Russell Simmons of rape will move forward, a judge ruled this week.
Simmons' request to dismiss a $10 million civil action against him, filed in Los Angeles County Superior Court by a Jane Doe, was denied on Thursday, according to court documents.
Judge Marc Gross said in his ruling that Simmons did not supply sufficient evidence to support his claim that the statute of limitations on the alleged rape had run out.
Simmons had also asked for $36,335 in sanctions against the unnamed accuser for what defense lawyers called a "frivolous action." Gross denied that request.
Jane Doe, in her March 2018 lawsuit, claims Simmons raped her in his hotel room after they met at a concert. Simmons and his lawyer have vehemently denied the allegation, calling it "pure fiction."
In a statement Thursday, Simmons insisted the case will eventually be thrown out because Doe claims the alleged attack occurred in 1988, well outside a two-year window for filing a civil action.
"The plaintiff herself admitted that the alleged incident happened 31 years ago," Simmons said. "The fact is, her allegations are false. Still, this attempt at extortion is at its end. It's a matter of paper work."
A lawyer for the accuser could not be immediately reached for comment Friday.