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The photo was apparently plucked from the internet by Josh - after he googled 'random guy' - and then used it to create a misleading Ok Cupid profile which was linked to one of Duggar's email addresses.
Mc Carthy had cited Duggar's two trips to California in 20 in his argument for the case.
Daily revealed last month that Duggar filed a motion to quash the summons arguing that he could not be sued in the state of California.
Although Mc Carthy has pointed out that Duggar made trips to the Golden State, his lawyers allege Josh has not had any contact with anyone in the state through any form of a dating website.'If a visit to California creates jurisdiction, then California courts have jurisdiction over virtually everyone in the United States,' the motion read.
The impromptu switch has fans murmuring about possible reasoning.
According to reports, her husband gave her permission to do so. Although they've previously said beach trips are forbidden, the family did hit the coast in 2016.
Matthew Mc Carthy, a DJ in California, sued the disgraced reality star last year after claiming his picture was hijacked for use on Twitter, Ok Cupid, and Ashley Madison, the infamous cheaters hookup website The DJ sought damages claiming he's lost gigs and has received nasty messages referring to him as 'Duggar's boy toy' and DJ Duggar, as a result of the scandal.
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