Her heart may belong in Long Island, but Lindsay Lohan’s $100 million civil suit against E*Trade should reside in New York.
That’s according to E*Trade’s lawyers, who told a judge yesterday her that her sensational suit – which says she was defamed by their commercial featuring a “milkaholic” named Lindsay – should be moved to New York from Nassau County because Lohan doesn’t have a home there.
“She really lives in Los Angeles,” Howard Rubin said, adding that the address she used to file the action over an allegedly defamatory Super Bowl spot was actually her mom’s home in Merrick.
Lohan’s lawyer, Stephanie Ovadia, conceded that the address is Dina’s – but the troubled actress still considers it her home.
“It’s where she grew up,” Ovadia said, and where she stays whenever she can.
Rubin said that’s not good enough, noting that her driver’s license is registered in California and she rents an apartment there. His court papers included numerous newspaper reports about her antics on the West Coast over the last couple of years to show that’s where she spend the bulk of her time.
The judge who’s hearing the case, James Yates, didn’t immediately rule on the motion, but noted that the only evidence Lohan’s lawyer gave that she lives in Nassau County is a five paragraph affidavit from the “Freaky Friday” star, where she said, “When work permits, I spend time and reside in Nassau County.”
Rubin said E*Trade wants the suit moved to Manhattan because that’s where their headquarters are.