Avenatti strikes back!

[triron]

Link to tweet

[manor321]

1. Interesting

We'll see if naming Avenatti as a defendant was a mistake.

Can a lawyer describe in more detail what is going on here? What questions can Avenatti ask of her?

[TomSlick]

14. This is a notice of deposition.

It's like a subpoena for a party. The party is required to appear for the deposition - unless the judge can be convinced somehow to stop the deposition.

If the rules of civil procedure in California are like the federal rules, any question "reasonably calculated to lead to the discovery of relevant information" can be asked. Generally, unless the answer to the question is somehow privileged (e.g. attorney/client privilege), the question must be answered or the deponent will face contempt proceedings.

[Ptah]

2. What happened 12 days from now?

[dhol82]

4. Yeah, that was what I was wondering.

[madaboutharry]

7. The deposition will happen 12 days from now and on that day

lawyers for Avenatti will ask lots of questions about the affair, the pregnancy, the money, and what Trump has to do with it.

[Snotcicles]

6. That is when he'll be taking her sworn testimony about what happened.

[Siwsan]

8. That's the date of the deposition

I had to click on the document to enlarge it.

[dhol82]

3. Ok, not sure what this means

Any lawyers here?
I am assuming that Avenati is being brought into an action that he was not expecting.

[Nevernose]

11. Short version

Yes. He got dragged into the GOP donor/playmate lawsuit, even though he played no role in it at all. They sued him today (and the others). What was very, very unusual was that the civil suit was sealed “on an emergency basis,” so Avenatti doesn’t even know what he’s being sued for.

(No, not a lawyer. Yes, it has to do with the other lawsuits)

[jberryhill]

21. Uh, that's not everything

Remember that Avenatti said he was interviewing other women with NDA’s, then there were a lot of revelations about Bechard, and now Broidy stopped payment claiming breach.

Most likely Bechard is suing Avenatti for unauthorized disclosure which Broidy is attributing to her as breach of the agreement.

[Nevernose]

22. Assuming that's the reason Avenatti is being sued for

That’s still not something he can actually be sued for. You and me and Michael Avenatti? We can go around saying what’s in other people’s NDAs all day long. Avenatti didn’t negotiate them, sign them, even have contact with most of the people involved.

If Broidy or Bechard’s attorney let something slip to Avenatti, then they’re the ones at fault. Avenatti was under no ethical or legal obligations to maintain other people’s non-disclosure agreements.

[jberryhill]

23. It may depend on a number of circumstances

We don’t know all of the circumstances. If the circumstances were such that Avenatti had no duty of non-disclosure, then his proper response is to file a motion to dismiss, instead of prematurely seeking a deposition.

Furthermore, Avenatti has publicly suggested that Bechard aborted Trump’s issue.

Perhaps we come from different cultures in which it is or is not acceptable to speculate on the subject of women’s reproductive decisions on national television. I might imagine some women who would find that sort of thing defamatory.

But suing Avenatti makes Bechard “fair game” to some, I suppose.

[madaboutharry]

5. I think Ms. Bechard has a dumb lawyer.

One would think he would know to keep Avenatti out of this.

[jberryhill]

9. Avenatti has an even dumber one

[pnwmom]

10. Yeah, but that "age attic" has an even worse one. n/t

[jberryhill]

19. Lol autocorrect

[madaboutharry]

12. I think one of his partners will be representing him.

[jberryhill]

20. And who might they be?

[triron]

13. What the heck makes you say that???

[jberryhill]

18. Acting as one's own lawyer is foolish

[DeminPennswoods]

15. I think Stris made a mistake in his filing

I don't think he meant Avenatti, I think he meant Keith Davidson who was Stephanie Clifford's original lawyer also. The only connection there might possibly be is that Avenatti has some relevent info to Broidy via the files he got from Davidson when Clifford/Daniels dropped Davidson and hired Avenatti. All the relevent case files that Davidson had on Clifford/Daniels should have been transferred to Avenatti.

[global1]

16. Does Anyone Think This Mistake Was Done On Purpose?.....

That of naming Avenatti that is. Doesn't including him in on this give him a chance to depose this playmate and maybe get the truth out of her.

[DeminPennswoods]

17. Interesting theory

Avenatti does plan to depose her.