Kevin Hart wants the judge to throw out his sex tape lawsuit ... just like he says the legal papers were thrown out of a car window and left on his driveway. According to new legal docs -- obtained by TMZ -- the actor claims he was not properly served in the case filed against him by Montia Sabbag ... Hart's alleged sex tape partner who sued him for $60 million, claiming he and his friend conspired to tape their encounter. Hart wants the suit dismissed because he claims the process server "simply threw a set of papers out of a car window in view of a security guard" outside the gate of his home.