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According to the lawsuit, Girgenti met Kardashian during a 2009 photo shoot, where they began a texting relationship. Girgenti claims that Kardashian told him that she and Disick were separated. A report in US Weekly states in a bio of Scott Disick that he and Kardashian split up in February 2009 after two years because of rumours he was cheating. The court documents state that in March 2009 Kardashian and Girgenti had unprotected sex, which is nine months prior to the birth of Mason, who was born in December 2009. Kardashian announced her pregnancy in August 2009, claiming that Disick was the father of the baby.

Kardashian Denial

Lawyers for Kardashian claim that Girgenti’s accusations are “preposterous and an outrageous lie.” Kardashian attorney, Tod Wilson, told E! News that Girgenti has been “selling false and fabricated stories to the tabloids for years about Kourtney Kardashian and her son, Mason. “ Wilson also claims that Girgenti has been seeking payment to publish the court pleading, indicating that Girgenti was more interested in payment for reports of his alleged paternity than actually proving that he was Mason’s father. However, the suit filed in court indicates that Girgenti is seriously seeking proof of the child’s paternity.

Girgenti Claims Resemblance

Court documents also claim that Girgenti tried to reach Kardashian after she announced her pregnancy in August 2009, but she did not return his calls. He claimed he began to consider that he was Mason’s father when he saw photos of the child, stating that the boy resembled him more than he did Scott Disick. Girgenti also stated that Mason looks nothing like his younger sister, Penelope, who is Disick’s child. Months prior to filing the lawsuit, Girgenti wrote to Kardashian, requesting a DNA test, claiming that if there was no response, he would pursue legal action to determine Mason’s paternity. In the letter, Girgenti claimed that his intentions were not to “hurt the family you’ve created,” but that “Mason deserves to know the truth.”

A Los Angeles County judge has set a hearing for the case in late August. At the hearing, the judge could dismiss the case or order DNA tests for Girgenti, Kardashian, Disick and the child. In California, unmarried fathers do not have legal rights or responsibilities until legal paternity is established, and naming a father on a birth certificate may not legally establish who a child’s father is. Since Disick and Kardashian were not married at the time of Mason’s birth, Girgenti may have the legal right to demand a DNA test.