Stormy Sues Trump to Void Non-Disclosure Agreement

Stormy Sues Trump

Porn Star Sues Trump Over Nondisclosure Agreement from Kelly Chang Rickert on Vimeo.

Stormy Daniels sues Donald Trump!  In yesterday’s breaking news, the media obtained a copy of the Complaint Stormy Daniels Filed in Los Angeles Superior Court, Case No. BC696568. (click to view)

The lawsuit seeks declaratory relief, specifically to VOID the non-disclosure agreement (NDA) of October 28, 2016, which was attached as Exhibit 1 to the Complaint.  The parties to the NDA were EC, LLC, and/or David Dennison (aka Donald Trump) and Peggy Pearson (aka Stormy Daniels, aka Stephanie Clifford).  EC, LLC was the Delaware Corporation created to make sure this payment was super secret.

My first thought was PP, DD – wow, the real world operates like law school exams!  (ie Blackacre, Dewey Cheatum and Howe, etc.).

My second was, “Why in the world would someone NOT sign an NDA that benefits them?”

According to Plaintiff’ PP’s attorney, Defendant DD Trump purposely didn’t sign it so he could later claim deniability.

The “Hush Agreement” gave Stormy Daniels $130,000 in exchange for silence.  This obviously runs afoul of a lot of ethics and rules, and the watchdog group Common Cause has filed a Complaint with the Federal Election Committee, calling the $130,000 “an undisclosed in-kind contribution to Trump’s campaign.”

Lawsuit says this:

  1.  Stormy and Trump had sex Summer of 2006, continuing into 2007 (Melania had just Barron March 2006).  At least one “meeting” was at Beverly Hills Hotel. (ah, where I took Bar/Bri).
  2. In October 2016, when all these women came out after the “Access Hollywood Tape” where Trump said to “grab them by the pussy”, Stormy also wanted to go to the media.
  3. Trump found out Stormy wanted to go to press, and “aggressively sought to silence her” via this Hush Agreement.
  4. Parties to “Hush Agreement” are Essential Consultants, LLC, (formed October 17, 2016, just weeks before 2016 presidential election), Stormy, Trump.
  5. Trump never signed the agreement.
  6. Mr. Cohen wired $130,000 to Stormy’s lawyer’s trust account.
  7. Mr. Cohen tried to cover it up by taking responsibility.  Importantly, he never denied Stormy and Trump had sex.
  8. Because there is no agreement, this is null and void and “of no consequence of effect.”  (Ha, love this)

So now what?  The Judge decides.  Is the Hush Agreement valid?

No, it isn’t. Arguments for Stormy:

  1. DD didn’t sign it.
  2. She received payment, but will return it.

Yes, it is.  Arguments for Trump:

  1.  She received payment.
  2. The contract is between EC, LLC and/OR DD….either one could sign to be binding.

Today, the word is Sanders is denying Trump’s knowledge of any such NDA.  This supports Stormy’s argument that it’s null and void and of no consequence…..

Can’t wait!!!!

 

 

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Kelly Chang Rickert

Kelly Chang Rickert (formerly Kelly Yi-Yi Chang) is the founder of the Law Offices of Kelly Chang, A Professional Law Corporation, a firm dedicated exclusively to Family Law. She has been certified by the California State Bar Board of Legal Specialization as a Family Law Specialist. She is frequently quoted in the media, and is a legal expert for Style Network, TV Guide and MTV on Mel Gibson, Tiger Woods, Britney Spears, Christie Brinkley and Madonna divorce and custody cases.

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