Judge S. James Otero’s said Avenatti’s motion depose the president was “premature as well as must be denied” because This particular was filed before an anticipated filing by Trump as well as his personal lawyer inside case.
Avenatti said he could refile the motion in U.S. District Court for the Central District of California to seek Trump’s testimony as soon as the president as well as different parties inside case file an anticipated action seeking to send the dispute to a private arbitrator, instead of a judge.
Daniels sued Trump in California state court on March 6, seeking to void an agreement she signed in October 2016, on the eve of the presidential election.
The agreement required Daniels — who received $130,000 through Trump’s lawyer Michael Cohen as part of the deal — to not make public comments about her purported relationship with Trump in 2006 as well as 2007.
Daniels has said she had sex with Trump once, several months after Melania Trump gave birth to the couple’s son in 2006, as well as saw Trump into the following year.
Spokesmen for Trump have repeatedly said which he did not have sex with Daniels.
Avenatti argues which the agreement can be not valid because Trump personally never signed This particular. The agreement was signed by Daniels as well as a corporation, Essential Consultants, which was set up by Trump’s lawyer Cohen.
Essential Consultants had Daniels’ case transferred to federal court in California on March 16.
In winning transfer of the case, EC said which This particular plans to file a petition forcing the dispute to be settled by arbitration as well as not by a federal court trial. A court filing by Trump also says he wants the case settled by arbitration, whose proceedings could be held outside of public view, unlike federal court hearings as well as a trial.
Trump can be also seeking at least $20 million in damages through Daniels for multiple violations of the nondisclosure agreement.
In response to those statements, Avenatti asked the judge for an expedited jury trial as well as permission to depose Trump.
In his ruling, Judge Otero said Avenatti’s request can be “untimely” because neither EC nor Trump has actually filed petitions asking for the case to be sent to arbitration.
“While EC as well as Mr. Trump have stated their intention to file a petition to compel arbitration, they have not yet done so,” Otero wrote. “If such a petition were filed, several the questions raised in Plaintiff’s Motion may be answered inside petition, thus limiting the need for discovery on these issues. If such a petition can be never filed, Plaintiff’s Motion can be moot.”
“Accordingly, Plaintiff’s Motion can be premature as well as must be denied.”