Stormy Daniels could soon be the poorest porn star on the planet thanks to her publicity hound lawyer. Michael Avenatti’s thirst for fame could come at a great price for Stormy Daniels and for himself.
You see, when Avenatti filed the suit to break her confidentiality agreement, he was supposed to seal the accusations, which cannot be submitted to the public unless Stormy won her suit.
He didn’t. He went very public then sought out every TV camera he could find just David Hogg. Because of that filing, the judge can issue a summary judgment, meaning a trial isn’t necessary because the facts of the case are clear cut. That judgment could cost Daniels $20 million dollars.
“Avenatti chose to file the #StormyDaniels suit publicly even though the suit disclosed confidential information, rather than under seal. By doing so, Avenatti exposed #StormyDaniels to a $20M judgment.” Most expensive “exposure” ever for the porn star?”
"Avenatti chose to file the #StormyDaniels suit publicly even thought the suit disclosed confidential information, rather than under seal. By doing so, Avenatti exposed #StormyDaniels to a $20M judgment." Most expensive "exposure" ever for the porn star? https://t.co/SVFHGpeO5O https://t.co/OuwnprA2s1
— Robert Barnes (@Barnes_Law) March 26, 2018
The report explained that courts across the nation have ruled that this simple act alone is often grounds for a summary judgment due to it being a breach of a material provision of a confidentiality agreement.
Additionally, Avenatti tweeted of a photo of a DVD which he claims contains additional evidence and was being used as a “warning shot.” If this DVD contains a sex tape as many have speculated, it would be revenge porn of the worst kind — and he has opened his client up to criminal prosecution.
Avenatti intimated that the disc holds evidence of the affair. If it is, then it’s what known as revenge porn. I have my doubts there is anything on it, but if it does it exposes Stormy to a criminal court and Avenatti to malpractice that could cost him his law license.
“California Penal Code section 632 criminalizes any person who ‘without the consent of all parties’ records their activity. California Penal Code 637.2 specifically authorizes a private suit, with a treble-damages award. All that is required is for the injured party to show they did not consent and that they had a ‘reasonable expectation’ no recording was taking place,” lawyer Robert Barnes explained on Law and Crime. “Ask the Gawker jury how jurors feel about the disclosure of private tapes.”
Recording sexual activity without permission is also an invasion of privacy and if it is released publicly there would be an additional charge of non-consensual disclosure of recorded sexual activity according to California Penal Code 647(j)(4).
And in a civil suit, the court can take political motivations into account. Now Stormy’s lawyer needs a lawyer. Twenty million.
That’s a lot of lap dances.