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Ex-Baby Sitter to Get Default Judgment from Anna Nicole Smith

August 18, 1995 GMT

LOS ANGELES (AP) _ Anna Nicole Smith failed to follow through on a lawsuit against a former baby sitter, and must therefore pay the woman who claimed the Guess? model sexually assaulted her, a judge ruled.

Maria Antonia Cerrato sued Ms. Smith in May 1994, alleging sexual harassment, sexual assault and false imprisonment. Ms. Cerrato worked for Ms. Smith from 1992 until last year as a housekeeper and baby sitter.

Ms. Smith, 27, countersued, alleging Ms. Cerrato slandered her and tried to kidnap her son.

Ms. Smith’s lawsuit was effectively dismissed because she failed to comply with an evidence procedure, said her lawyer, Kelly Moore.

She will appeal, Moore said. ``There is no admission of guilt in this,″ she said.

Judge Aviva K. Bobb said she would decide next week or later how much Ms. Smith should pay Ms. Cerrato.

In a hearing Thursday on Ms. Smith’s failure to comply, Ms. Cerrato testified that Ms. Smith sexually assaulted her during a Las Vegas business trip.

When she returned to her room after a night of drinking, it was occupied by Ms. Smith’s agent, Ms. Cerrato said through an interpreter. She agreed to stay in Ms. Smith’s room, where she vomited and was not able to hold off her employer’s advances, she said.

``She grabbed me,″ Ms. Cerrato said. ``She took me to the bed, she started kissing me. I told her that I didn’t want to ... and she caressed my intimate parts.″

Ms. Cerrato said she has been too ashamed and insecure to work since she quit her job in November 1993. She said she attempted suicide three times.

The judge heard from Ms. Smith in chambers before ruling.

Ms. Smith’s has been battling with the son of her late husband, oil tycoon J. Howard Marshall, over the family fortune, estimated at $550 million.