Rod Wants Out of Son's Spat

Fri., Mar. 21, 2008 11:05 AM PDT by Gina Serpe

Spare the Rod, do what you want with the child.

So, more or less, say lawyers for Rod Stewart as they seek to get the sexagenarian rocker removed as a defendant on a lawsuit filed against his trouble-prone adult son, Sean.

In the court documents, filed in Los Angeles Superior Court, the elder Stewart's legal team claims that there are no grounds on which the "Forever Young" crooner can be named in the assault, battery, false imprisonment, negligence and intentional infliction of emotional distress suit filed against his 27-year-old spawn.

Stewart's lawyers are demanding that the British rocker's name be struck from the suit—or at least that hard facts be presented to back up his alleged connection to the more than two-year-old incident that sparked it—as well as the dismissal of what they claim are baseless punitive damages and attorneys' fees for the alleged victim.

The complaint was first filed against Sean and two unnamed defendants in July of last year by Daniel Refoua. Rod Stewart was eventually fingered as one of the defendants in court papers submitted Dec. 4. The other was identified in the same filing as Rod's bodyguard, James "Country" Davis.

The lawsuit itself stems from a January 2006 physical altercation outside the Hollywood nightclub LAX.

While both sides have offered up conflicting reports about who initiated the knock-down incident, both sides agree that it took place and that Refoua wound up with a fractured nose and related injuries. The Sons of Hollywood heir, however, claims he was simply acting in self-defense. Refoua was subsequently ejected from the club.

Although Refoua's account of the incident takes great pains to implicate Sean Stewart for provoking the fisticuffs, it fails to mention how exactly his Rock and Roll Hall of Fame dad came to be involved.

Prior to the elder Stewart's name-check in Refoua's December court filing, the singer was never mentioned in any report of the incident as being present at the time of the skirmish. Davis reportedly was, however, and Refoua seemingly wants the superstar held accountable for those on his payroll.

"The complaint is silent as to how the incident arose, its setting, [Rod Stewart's] specific conduct, or anything else," the latest court papers state. "It is also strange that it took Refoua four months to amend his complaint to identify Rod Stewart as a defendant."

A hearing on the matter is scheduled to take place May 9.

Meanwhile, another lawsuit filed against Sean, the son of Stewart's first wife Alana Hamilton, may be heading toward a conclusion.

The action stems from a couple's allegation that he tossed a brick through the window of the unlucky duo's vehicle last May after they happened to drive by when the rock progeny and his buddies were denied entrance to a party.

Attorneys for both sides Friday told a judge they would attempt to resolve the case in private mediation rather than in open court. A settlement conference, originally scheduled to take place today, has been called off as a result.

(Originally published Mar. 20, 2008 at 1:38 p.m. PST)