Erika Jayne is asking that a judge throw out the $25 million lawsuit against her.
According to court documents obtained by Radar, Erika says she should not be ordered to pay back as Tom Girardi's firm handled all EJ Global's finances and Girardi handled all their personal tax returns.
The trustee suing Erika on behalf of Tom's victims, claims she funded her luxury lifestyle on settlement money stolen from her estranged husband's alleged embezzlement victims.
"She formed Pretty Mess, Inc. for lawful and legitimate reasons, to have an entity through which she could conduct her business as an entertainer as her separate property following her divorce filing against Mr. Girardi in early November 2020," her attorney writes.
"Defendants received more than $242,658 in payments from the State of California Lottery from 2012 to 2021. The Defendants are scheduled to still receive $78,000 in payments from the State of California Lottery in years 2022 through 2025."
Erika denies the claims and says she was not in charge of her income.