Case 2:18-Cv-02217-SJO-FFM Document 20-3 Filed 04/02/18 Page 1 of 44 Page ID #:256

Case 2:18-cv-02217-SJO-FFM Document 20-3 Filed 04/02/18 Page 1 of 44 Page ID #:256

Exhibit B (Page 1 Caseof 35) 2:18-cv-02217-SJO-FFM Document 20-3 Filed 04/02/18 Page 2 of 44 Page ID #:257

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1 Michael J. Avenatti, Bar No. 206929 AVENATTI & ASSOCIATES, APC 2 mavenatti@eoalaw. com FILED ^ 520 Newport Center Drive, Suite 1400 Superior Court of California County of Los Angeles Newport Beach, CA 92660 4 Tel: (949) 706-7000 MAR 06 2018 Fax: (949) 706-7050 5 Sherri R. Gflrter, Executive Officer/Clerk of Court ^ Attorneys for Plaintiff Stephanie Clifford By. . Deputy a.k.a. Stormy Daniels a.k.a. Peggy Peterson ""GloTtefta Robinson

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10

11 STEPHANIE CLIFFORD a.k.a. STORMY Case No. DANIELS a.k.a. PEGGY PETERSON, an 12 individual, COMPLAINT FOR DECLARATORY 13 Plaintiff, RELIEF 14 vs. 15 DONALD J. TRUMP a.k.a. DAVID DENNIS ON, 16 an individual, ESSENTIAL CONSULTANTS, LLC, a Delaware Limited Liability Company, and 17 DOES 1 through 10, inclusive 18 Defendants. 19

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COMPLAINT (page 2 Caseof 2:18-cv-02217-SJO-FFM Document 20-3 Filed 04/02/18 Page 3 of 44 Page ID #:258

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RECEIPT »: CCH505376134 DATE PAID: Q3.-'Q6713 PAYMENT 03?46 PM J $435.00 RECEIVED? 310 CHECKs CASH: $435.00 $0.00 CHANCE s $0.00 C-ARD j $0.00

- = 1730293032 - = OTHKB Doo# 1 *aSe# 2 Doo ID Doc Type (Page 3 Caseof 35) 2:18-cv-02217-SJO-FFM Document 20-3 Filed 04/02/18 Page 4 of 44 Page ID #:259

1 Plaintiff Stephanie Clifford a.k.a. Stormy Daniels a.k.a. Peggy Peterson ("Ms. Clifford"'' or

2 "Plaintiff") hereby alleges the following: 3

4 THE PARTIES 5 1 . Plaintiff Ms. Clifford, an individual, is a resident of the State of Texas. 6 2. Defendant Donald J. Trump a.k.a. David Dennison ("Mr. Trump"), an individual, is a 7 resident of the District of Columbia (among other places). 8 3. Defendant Essential Consultants, LLC ("EC") is a Delaware limited liability company

9 formed on October 17, 2016. 10 4. Mr. Trump and EC together shall be referred to hereafter as "Defendants." 11 5. The true names and capacities of the defendants DOES 1 through 10, inclusive, 12 whether individual, plural, corporate, partnership, associate or otherwise, are not known to Plaintiff, 13 who therefore sues said defendants by such fictitious names. Plaintiff will seek leave of court to 14 amend this Complaint to show the true names and capacities of defendants DOES 1 through 10, 15 inclusive, when the same have been ascertained. 16 6. Plaintiff is also informed and believe and thereon alleges that DOES 1 to 10 were the 17 agents, principals, and/or alter egos of Defendants, at all times herein relevant, and that they are 18 therefore liable for the acts and omissions of Defendants. 19

20 JURISDICTION AND VENUE 21 7. Jurisdiction for this matter properly lies with this Court because Plaintiff seeks 22 declaratory relief. W 23 8. Venue is appropriate in the County of Los Angeles, and this Court has personal jS? <$< 24 •i. jurisdiction over Defendants and each of them, by reason of the fact that, among other things, (a) the Iiv.5 ^ 25 !-jw< alleged agreement that is at issue in this Complaint was purportedly made and negotiated, at least in 26 substantial part, in the County of Los Angeles, and (b) many of the events giving rise to this action 27 arose in California, including within the County of Los Angeles. 28

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1 FACTUAL BACKGROUND

2 9. Ms. Clifford began an intimate relationship with Mr. Trump in the Summer of 2006 in 3 ... Lake Tahoe and continued her relationship with Mr. Trump well into the year 2007. This relationship

4 included, among other things, at least one "meeting" with Mr. Trump in a bungalow at the Beverly ^ Hills Hotel located within Los Angeles County. 6 10. In 2015, Mr. Trump announced his candidacy for President of the United States, 7 11. On July 19, 2016, Mr. Trump secured the Republican Party nomination for President. 8 12. On October 7, 2016, the Washington Post published a video, now infamously known as

9 the Access Hollywood Tape , depicting Mr. Trump making lewd remarks about women. In it, Mr. 10 Trump described his attempt to seduce a married woman and how he may start kissing a woman that 11 he and his companion were about to meet. He then added: "I don't even wait. And when you're a 12 star, they let you do it, you can do anything . . ." 13 13. Within days of the publication of the Access Hollywood Tape, several women came 14 forward publicly to tell their personal stories about their sexual encounters with Mr. Trump.

15 14. Around this time, Ms. Clifford likewise sought to share details concerning her 16 relationship and encounters with Mr. Trump with various media outlets. 17 15. As a result of Ms. Clifford's efforts aimed at publicly disclosing her story and her 18 communications with various media outlets, Ms. Clifford's plans came to the attention of Mr. Trump 19 and his campaign, including Mr. Michael Cohen, an attorney licensed in the State of New York. Mr. 20 Cohen worked as the "top attorney" at the Trump Organization from 2007 until after the election and 21 presently serves as Mr. Trump's personal attorney. He is also generally referred to as Mr. Trump's

22 "fixer." iiv 23 16. After discovering Ms. Clifford's plans, Mr. Trump, with the assistance of his attorney •p 24 v* Mr. Cohen, aggressively sought to silence Ms. Clifford as part of an effort to avoid her telling the I".'..1 ^ 25 truth, thus helping to ensure he won the Presidential Election. Mr. Cohen subsequently prepared a 26 draft non-disclosure agreement and presented it to Ms. Clifford and her attorney (the "Hush

27 Agreement"). Ms. Clifford at the time was represented by counsel in California whose office is 28 located in Beverly Hills, California within the County of Los Angeles.

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1 17. The parties named in the Hush Agreement were Ms. Clifford, Mr. Trump, and Essential

2 Consultants LLC. As noted above, Essential Consultants LLC ("EC") was formed on October 17,

3 2016, just weeks before the 2016 presidential election. On information and belief, EC was created by

4 Mr. Cohen with Mr. Trump's knowledge for one purpose - to hide the true source of funds to be used ^ to pay Ms. Clifford, thus further insulating Mr. Trump from later discovery and scrutiny. 6 18. By design of Mr. Cohen, the Hush Agreement used aliases to refer to Ms. Clifford and 7 Mr. Trump. Specifically, Ms. Clifford was referred to by the alias "Peggy Peterson" or "PP." Mr. 8 Trump, on the other hand, was referred to by the alias "David Dennison" or "DD." 9 19. Attached hereto as Exhibit 1 is a true and correct copy of the Hush Agreement, titled 10 Confidential Settlement Agreement and Mutual Release; Assignment of Copyright and Non-

11 Disparagment [sic] Agreement. Exhibit 1 is incorporated herein by this reference and made a part of 12 this Complaint as if fully set forth herein. 13 20. Attached hereto as Exhibit 2 is a true and correct copy of the draft Side Letter 14 Agreement, which was Exhibit A to the Hush Agreement. Exhibit 2 is incorporated herein by this 15 reference and made a part of this Complaint as if fully set forth herein. 16 21. Importantly, the Hush Agreement imposed various conditions and obligations not only

17 on Ms. Clifford, but also on Mr. Trump. The agreement also required the signature of all parties to the 18 agreement, including that of Mr. Trump. Moreover, as is customary, it was widely understood at all 19 times that unless all of the parties signed the documents as required, the Hush Agreement, together 20 with all of its terms and conditions, was null and void. 21 22. On or about October 28, 2016, only days before the election, two of the parties signed

22 the Hush Agreement - Ms. Clifford and Mr. Cohen (on behalf of EC). Mr. Trump, however, did not >P i'.V 23 sign the agreement, thus rendering it legally null and void and of no consequence. On information and >$> 24 belief, despite having detailed knowledge of the Hush Agreement and its terms, including the I*,1 25 |«,Wr proposed payment of monies to Ms. Clifford and the routing of those monies through EC, Mr. Trump 26 purposely did not sign the agreement so he could later, if need be, publicly disavow any knowledge of 27 the Hush Agreement and Ms. Clifford. 28

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i i >

1 23. Despite Mr. Trump's failure to sign the Hush Agreement, Mr. Cohen proceeded to 2 ' cause $130,000.00 to be wired to the trust account of Ms. Clifford's attorney. He did so even though 3 . there was no legal agreement and thus no written nondisclosure agreement whereby Ms. Clifford was

4 restricted from disclosing the truth about Mr. Trump. 5 24. Mr. Trump was elected President ofthe United States on November 8, 2016. 6 25. In January 2018, certain details of the draft Hush Agreement emerged in the news 7 media, including, among other things, the existence of the draft agreement, the parties to the draft 8 agreement, and the $130,000.00 payment provided for under the draft agreement. Also in January 9 . . 2018, and concerned the truth would be disclosed, Mr. Cohen, through intimidation and coercive 10 tactics, forced Ms. Clifford into signing a false statement wherein she stated that reports of her 11 relationship with Mr. Trump were false. 12 26. On or about February 13, 2018, Mr. Cohen issued a public statement regarding Ms. 13 Clifford, the existence of the Hush Agreement, and details concerning the Hush Agreement. He did so 14 without any consent by Ms. Clifford, thus evidencing Mr. Cohen's apparent position (at least in that 15 context) that no binding agreement was in place. Among other things, Mr. Cohen stated: "In a private 16 transaction in 2016, I used my own personal funds to facilitate a payment of $130,000 to Ms. 17 Stephanie Clifford. Neither the Trump Organization nor the Trump campaign was a party to the 18 transaction with Ms. Clifford, and neither reimbursed me for the payment, either directly or 19 indirectly." Mr. Cohen concluded his statement with lawyer speak: "Just because something isn't 20 true doesn't mean that it can't cause you harm or damage. I will always protect Mr. Trump." 21 (emphasis added). 22 27. Importantly, at no time did Mr. Cohen claim Ms. Clifford did not have an intimate p !y-:' 23 relationship with Mr. Trump. Indeed, were he to make such a statement, it would be patently false. p P- 24 *.v. 28. Because the agreement was never formed and/or is null and void, no contractual iSr< 25 |->r. obligations were imposed on any of the parties to the agreement, including any obligations to keep CAf 26 information confidential. Moreover, to the extent any such obligations did exist, they were breached

27 and/or excused by Mr. Cohen and his public statements to the media. ' 28

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t . s

1 29. To be clear, the attempts to intimidate Ms. Clifford into silence and "shut her up" in

2 order to "protect Mr. Trump" continue unabated. For example, only days ago on or about February

3 27, 2018, Mr. Trump's attorney Mr. Cohen surreptitiously initiated a bogus arbitration proceeding

4 against Ms. Clifford in Los Angeles. Remarkably, he did so without even providing Ms. Clifford with ^ notice ofthe proceeding and basic due process. 6 30. Put simply, considerable steps have been taken by Mr. Cohen in the last week to 7 silence Ms. Clifford through the use of an improper and procedurally defective arbitration proceeding 8 hidden from public view. The extent of Mr. Trump's involvement in these efforts is presently

9 unknown, but it strains credibility to conclude that Mr. Cohen is acting on his own accord without the 10 express approval and knowledge of his client Mr. Trump. . 11 31. Indeed, Rule 1.4 of New York Rules of Professional Conduct governing attorneys has 12 required Mr. Cohen at all times to promptly communicate all material information relating to the 13 matter to Mr. Trump, including but not limited to "any decision or circumstance with respect to which 14 [Mr. Trump's] informed consent [was] required" and "material developments in the matter including 15 settlement or plea offers." Moreover, this same Rule required Mr. Cohen at all times to "reasonably 16 consult with [Mr. Trump] about the means by which [his] objectives are to be accomplished" and to 17 "keep [Mr. Trump] reasonably informed about the status of the matter." 18 32. Accordingly, unless Mr. Cohen flagrantly violated his ethical obligations and the most 19 basic rules governing his license to practice law (which is highly unlikely), there can be no doubt that 20 Mr. Trump at all times has been fully aware of the negotiations with Ms. Clifford, the existence and 21 terms of the Hush Agreement, the payment of the $130,000.00, the use of EC as a conduit, and the 22 recent attempts to intimidate and silence Ms. Clifford by way of the bogus arbitration proceeding. (£ 23 33. Because there was never a valid agreement and thus, no agreement to arbitrate, any

i$' 24OA subsequent order obtained by Mr. Cohen and/or Mr. Trump in arbitration is of no consequence or I'A.1' <"*c 25 J-K- effect. 26

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1 FIRST CAUSE OF ACTION 2 Declaratory Relief

3 (Against all Defendants) 4 34. Plaintiff restates and re-alleges each and every allegation in Paragraphs 1 through 33 ^ above as if fully set forth herein. 6 35. This action concerns the legal significance, if any, of the documents attached hereto as

7 Exhibit 1, entitled Confidential Settlement Agreement and Mutual Release; Assignment of Copyright 8 and Non-Disparagment [sic] Agreement, and Exhibit 2, entitled Side Letter Agreement. 9 36. California Code of Civil Procedure section 1060 authorizes declaratory relief for any 10 person who desires a declaration of rights or duties with respect to one another. In cases of actual 11 controversy relating to the legal rights and duties of the respective parties, such a person may seek a 12 judicial declaration of his or her rights and duties relative to an instrument or contract, or alleged 13 contract, including a determination of any question of construction or validity arising under the 14 instrument or contract, or alleged contract. This includes a determination of whether a contract was 15 ever formed. 16 37. An actual controversy exists between Plaintiff and Defendants as to their rights and 17 duties to each other. Accordingly, a declaration is necessary and proper at this time. 18 38. Specifically, Plaintiff seeks an order of this Court declaring that the agreements in the 19 forms set out in Exhibits 1 and 2 between Plaintiff and Defendants were never formed, and therefore 20 do not exist, because, among other things, Mr. Trump never signed the agreements. Nor did Mr. 21 Trump provide any other valid consideration. He thus never assented to the duties, obligations, and 22 conditions the agreements purportedly imposed upon him. Plaintiff contends that, as a result, she is ^ 23 not bound by any of the duties, obligations, or conditions set forth in Exhibits 1 and 2. Moreover, as a 24 further result, there is no agreement to arbitrate between the parties. -a? 25 l-v^' 39. In the alternative, Plaintiff seeks an order of this Court declaring that the agreements in 26 the forms set out in Exhibits 1 and 2 are invalid, unenforceable, and/or void under the doctrine of 27 unconscionability. Plaintiff contends that, as a result, she is not bound by any of the duties, 28

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« ,

1 obligations, or conditions set forth in Exhibits 1 and 2. Moreover, as a further result, there is no

2 agreement to arbitrate between the parties. 3 40. In the further alternative, Plaintiff seeks an order of this Court declaring that the 4 . agreements in the forms set out in Exhibits 1 and 2 are invalid, unenforceable, and/or void because ^ they are illegal and/or violate public policy. Plaintiff contends that, as a result, she is not bound by ^ any ofthe duties, obligations, or conditions set forth in Exhibits 1 and 2. Moreover, as a further result, 7 there is no agreement to arbitrate between the parties. 8 4 1 . Defendants dispute these contentions. 9 42. Accordingly, Ms. Clifford desires a judicial determination of her rights and duties with 10 respect to the alleged agreements in the forms set out in Exhibits 1 and 2. 11

12 PRAYER FOR RELIEF 13 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, declaring 14 that no agreement was formed between the parties, or in the alternative, to the extent an agreement 15 was formed, it is void, invalid, or otherwise unenforceable. 16

17 ON THE FIRST CAUSE OF ACTION 18 1. For a judgment declaring that no agreement was formed between the parties, or in the 19 alternative, to the extent an agreement was formed, it is void, invalid, or otherwise unenforceable. 20 2. For costs of suit; and 21 3 . For such other and further relief as the Court may deem just and proper. 22

'fc' iv-.-' 23 DATED: March 6, 2018 AVENATTI & ASSOCIATES, APC i'P 24

•tP 25 |.V-

26 M MICHAEL J. AVENATTI

27 Attorneys for Plaintiff

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Exhibit C CaseCase 2:18-cv-02217-SJO-FFM 2:18-cv-02217-SJO-FFM Document Document 14 20-3 Filed Filed 03/26/18 04/02/18 Page Page 1 of 12 41 of Page44 Page ID #:108 ID #:267

1 Michael J. Avenatti, Bar No. 206929 2 AVENATTI & ASSOCIATES, APC [email protected] 3 520 Newport Center Drive, Suite 1400 4 Newport Beach, CA 92660 Tel: (949) 706-7000 5 Fax: (949) 706-7050 6 Attorneys for Plaintiff Stephanie Clifford 7 a.k.a. Stormy Daniels a.k.a. Peggy Peterson 8

9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 STEPHANIE CLIFFORD a.k.a. STORMY Case No. 2:18-CV-02217-SJO-FFM 13 DANIELS a.k.a. PEGGY PETERSON, an individual, FIRST AMENDED COMPLAINT 14 FOR: 15 Plaintiff, 16 (1) DECLARATORY vs. RELIEF/JUDGMENT; AND 17 18 DONALD J. TRUMP a.k.a. DAVID (2) DEFAMATION DENNISON, an individual, ESSENTIAL 19 CONSULTANTS, LLC, a Delaware DEMAND FOR JURY TRIAL 20 Limited Liability Company, MICHAEL COHEN, an individual, and DOES 1 21 through 10, inclusive 22 Defendants. 23 24 25 26 27 28

FIRST AMENDED COMPLAINT CaseCase 2:18-cv-02217-SJO-FFM 2:18-cv-02217-SJO-FFM Document Document 14 20-3 Filed Filed 03/26/18 04/02/18 Page Page 2 of 13 41 of Page44 Page ID #:109 ID #:268

1 Plaintiff Stephanie Clifford a.k.a. Stormy Daniels a.k.a. Peggy Peterson (“Ms. 2 Clifford” or “Plaintiff”) hereby alleges the following: 3 4 THE PARTIES 5 1. Plaintiff Ms. Clifford, an individual, is a resident of the State of Texas. 6 2. Defendant Donald J. Trump a.k.a. David Dennison (“Mr. Trump”), an 7 individual, is a resident of the District of Columbia (among other places). 8 3. Defendant Essential Consultants, LLC (“EC”) is a Delaware limited 9 liability company formed on October 17, 2016. 10 4. Defendant Michael Cohen (“Mr. Cohen”), an individual, is a resident of 11 the State of New York. 12 5. Mr. Trump, EC, and Mr. Cohen together shall be referred to hereafter as 13 “Defendants.” 14 6. The true names and capacities of the defendants DOES 1 through 10, 15 inclusive, whether individual, plural, corporate, partnership, associate or otherwise, are 16 not known to Plaintiff, who therefore sues said defendants by such fictitious names. 17 Plaintiff will seek leave of court to amend this Complaint to show the true names and 18 capacities of defendants DOES 1 through 10, inclusive, when the same have been 19 ascertained. 20 7. Plaintiff is also informed and believe and thereon alleges that DOES 1 to 21 10 were the agents, principals, and/or alter egos of Defendants, at all times herein 22 relevant, and that they are therefore liable for the acts and omissions of Defendants. 23 24 JURISDICTION AND VENUE 25 8. Pursuant to 28 U.S.C. § 1332, this Court has original jurisdiction over 26 Plaintiff’s claims based on the parties’ diversity of citizenship and because the amount 27 in controversy exceeds $75,000. 28

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1 9. Venue is appropriate in this judicial district pursuant to 28 U.S.C. § 1391, 2 and this Court has personal jurisdiction over Defendants and each of them, by reason of 3 the fact that, among other things, (a) the alleged agreement that is at issue in this 4 Complaint was purportedly made and negotiated, at least in substantial part, in the 5 County of Los Angeles, and (b) many of the events giving rise to this action arose in 6 California, including within the County of Los Angeles. 7 8 FACTUAL BACKGROUND 9 10. Ms. Clifford began an intimate relationship with Mr. Trump in the summer 10 of 2006 in Lake Tahoe and continued her relationship with Mr. Trump well into the 11 year 2007. This relationship included, among other things, at least one “meeting” with 12 Mr. Trump in a bungalow at the Beverly Hills Hotel located within Los Angeles 13 County. 14 11. In 2015, Mr. Trump announced his candidacy for President of the United 15 States. 16 12. On July 19, 2016, Mr. Trump secured the Republican Party nomination for 17 President. 18 13. On October 7, 2016, the Washington Post published a video, now 19 infamously known as the Access Hollywood Tape, depicting Mr. Trump making lewd 20 remarks about women. In it, Mr. Trump described his attempt to seduce a married 21 woman and how he may start kissing a woman that he and his companion were about to 22 meet. He then added: “I don’t even wait. And when you’re a star, they let you do it, 23 you can do anything . . .” 24 14. Within days of the publication of the Access Hollywood Tape, several 25 women came forward publicly to tell their personal stories about their sexual 26 encounters with Mr. Trump. 27 15. Around this time, Ms. Clifford likewise sought to share details concerning 28 her relationship and encounters with Mr. Trump with various media outlets.

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1 16. As a result of Ms. Clifford’s efforts aimed at publicly disclosing her story 2 and her communications with various media outlets, Ms. Clifford’s plans came to the 3 attention of Mr. Trump and his campaign, including Mr. Michael Cohen, an attorney 4 licensed in the State of New York. Mr. Cohen worked as the “top attorney” at the 5 Trump Organization from 2007 until after the election and presently serves as Mr. 6 Trump’s personal attorney. He is also generally referred to as Mr. Trump’s “fixer.” 7 17. After discovering Ms. Clifford’s plans, Mr. Trump, with the assistance of 8 his attorney Mr. Cohen, aggressively sought to silence Ms. Clifford as part of an effort 9 to avoid her telling the truth, thus helping to ensure he won the Presidential Election. 10 Mr. Cohen subsequently prepared a draft non-disclosure agreement and presented it to 11 Ms. Clifford and her attorney (the “Hush Agreement”). Ms. Clifford at the time was 12 represented by counsel in California whose office is located in Beverly Hills, California 13 within the County of Los Angeles. 14 18. The parties named in the Hush Agreement were Ms. Clifford, Mr. Trump, 15 and Essential Consultants LLC. As noted above, Essential Consultants LLC (“EC”) 16 was formed on October 17, 2016, just weeks before the 2016 presidential election. On 17 information and belief, EC was created by Mr. Cohen with Mr. Trump’s knowledge for 18 one purpose – to hide the true source of funds to be used to pay Ms. Clifford, thus 19 further insulating Mr. Trump from later discovery and scrutiny. 20 19. By design of Mr. Cohen, the Hush Agreement used aliases to refer to Ms. 21 Clifford and Mr. Trump. Specifically, Ms. Clifford was referred to by the alias “Peggy 22 Peterson” or “PP.” Mr. Trump, on the other hand, was referred to by the alias “David 23 Dennison” or “DD.” 24 20. Attached hereto as Exhibit 1 is a true and correct copy of the Hush 25 Agreement, titled Confidential Settlement Agreement and Mutual Release; Assignment 26 of Copyright and Non-Disparagment [sic] Agreement. Exhibit 1 is incorporated herein 27 by this reference and made a part of this Complaint as if fully set forth herein. 28

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1 21. Attached hereto as Exhibit 2 is a true and correct copy of the draft Side 2 Letter Agreement, which was Exhibit A to the Hush Agreement. Exhibit 2 is 3 incorporated herein by this reference and made a part of this Complaint as if fully set 4 forth herein. 5 22. Importantly, the Hush Agreement imposed various conditions and 6 obligations not only on Ms. Clifford, but also on Mr. Trump. The agreement also 7 required the signature of all parties to the agreement, including that of Mr. Trump. 8 Moreover, as is customary, it was widely understood at all times that unless all of the 9 parties signed the documents as required, the Hush Agreement, together with all of its 10 terms and conditions, was null and void. 11 23. On or about October 28, 2016, only days before the election, two of the 12 parties signed the Hush Agreement - Ms. Clifford and Mr. Cohen (on behalf of EC). 13 Mr. Trump, however, did not sign the agreement, thus rendering it legally null and void 14 and of no consequence. On information and belief, despite having detailed knowledge 15 of the Hush Agreement and its terms, including the proposed payment of monies to Ms. 16 Clifford and the routing of those monies through EC, Mr. Trump purposely did not sign 17 the agreement so he could later, if need be, publicly disavow any knowledge of the 18 Hush Agreement and Ms. Clifford. 19 24. Despite Mr. Trump’s failure to sign the Hush Agreement, Mr. Cohen 20 proceeded to cause $130,000.00 to be wired to the trust account of Ms. Clifford’s 21 attorney. He did so even though there was no legal agreement and thus no written 22 nondisclosure agreement whereby Ms. Clifford was restricted from disclosing the truth 23 about Mr. Trump. 24 25. Mr. Trump was elected President of the United States on November 8, 25 2016. 26 26. In January 2018, certain details of the draft Hush Agreement emerged in 27 the news media, including, among other things, the existence of the draft agreement, the 28 parties to the draft agreement, and the $130,000.00 payment provided for under the

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1 draft agreement. Also in January 2018, and concerned the truth would be disclosed, 2 Mr. Cohen, through intimidation and coercive tactics, forced Ms. Clifford into signing a 3 false statement wherein she stated that reports of her relationship with Mr. Trump were 4 false. 5 27. On or about February 13, 2018, Mr. Cohen issued a public statement 6 regarding Ms. Clifford, the existence of the Hush Agreement, details concerning the 7 Hush Agreement, and an attack on Ms. Clifford’s truthfulness. He did so without any 8 consent by Ms. Clifford, thus evidencing Mr. Cohen’s apparent position (at least in that 9 context) that no binding agreement was in place. Among other things, Mr. Cohen 10 stated: “In a private transaction in 2016, I used my own personal funds to facilitate a 11 payment of $130,000 to Ms. Stephanie Clifford. Neither the Trump Organization nor 12 the Trump campaign was a party to the transaction with Ms. Clifford, and neither 13 reimbursed me for the payment, either directly or indirectly.” Mr. Cohen concluded his 14 statement by stating: “Just because something isn’t true doesn’t mean that it can’t 15 cause you harm or damage. I will always protect Mr. Trump.” (emphasis added). This 16 statement was made in writing by Mr. Cohen and released by Mr. Cohen to the media 17 with the intent that it be widely disseminated and repeated throughout the United States. 18 Attached hereto as Exhibit 3 is a true and correct copy of Mr. Cohen’s statement. 19 Exhibit 3 is incorporated herein by this reference and made a part of this Complaint as 20 if fully set forth herein. 21 28. Importantly, at no time did Mr. Cohen make a direct assertion that Ms. 22 Clifford did not have an intimate relationship with Mr. Trump. Indeed, were he to 23 make such a statement, it would be patently false. Mr. Cohen’s statement was not a 24 mere statement of opinion, but rather has been reasonably understood to be a factual 25 statement implying or insinuating that Ms. Clifford was not being truthful in claiming 26 that she had an intimate relationship with Mr. Trump. 27 29. Because the agreement was never formed and/or is null and void, no 28 contractual obligations were imposed on any of the parties to the agreement, including

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1 any obligations to keep information confidential. Moreover, to the extent any such 2 obligations did exist, they were breached and/or excused by Mr. Cohen and his public 3 statements to the media. 4 30. To be clear, the attempts to intimidate Ms. Clifford into silence and “shut 5 her up” in order to “protect Mr. Trump” continue unabated. For example, only days 6 ago on or about February 27, 2018, Mr. Trump’s attorney Mr. Cohen surreptitiously 7 initiated a bogus arbitration proceeding against Ms. Clifford in Los Angeles. 8 Remarkably, he did so without even providing Ms. Clifford with notice of the 9 proceeding and basic due process. 10 31. Put simply, considerable steps have been taken by Mr. Cohen in the last 11 week to silence Ms. Clifford through the use of an improper and procedurally defective 12 arbitration proceeding hidden from public view. The extent of Mr. Trump’s 13 involvement in these efforts is presently unknown, but it strains credibility to conclude 14 that Mr. Cohen is acting on his own accord without the express approval and 15 knowledge of his client Mr. Trump. 16 32. Indeed, Rule 1.4 of the New York Rules of Professional Conduct 17 governing attorneys has required Mr. Cohen at all times to promptly communicate all 18 material information relating to the matter to Mr. Trump, including but not limited to 19 “any decision or circumstance with respect to which [Mr. Trump’s] informed consent 20 [was] required” and “material developments in the matter including settlement or plea 21 offers.” Moreover, this same Rule required Mr. Cohen at all times to “reasonably 22 consult with [Mr. Trump] about the means by which [his] objectives are to be 23 accomplished” and to “keep [Mr. Trump] reasonably informed about the status of the 24 matter.” 25 33. Further, Rule 1.8(e) of the New York Rules of Professional Conduct 26 provides that attorneys “shall not advance or guarantee financial assistance to the 27 client[.]” Although the Rule provides for certain exceptions, such as permitting lawyers 28 to pay court costs and expenses for indigent clients, plainly, none of these exceptions

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1 apply to Mr. Cohen’s purported financial assistance of $130,000 on behalf of his client, 2 Mr. Trump. 3 34. Accordingly, unless Mr. Cohen flagrantly violated his ethical obligations 4 and the most basic rules governing his license to practice law (which is highly 5 unlikely), there can be no doubt that Mr. Trump at all times has been fully aware of the 6 negotiations with Ms. Clifford, the existence and terms of the Hush Agreement, the 7 payment of the $130,000.00, the use of EC as a conduit, and the recent attempts to 8 intimidate and silence Ms. Clifford by way of the bogus arbitration proceeding. 9 35. Because there was never a valid agreement and thus, no agreement to 10 arbitrate, any subsequent order obtained by Mr. Cohen and/or Mr. Trump in arbitration 11 is of no consequence or effect. 12 13 FIRST CAUSE OF ACTION 14 Declaratory Relief/Judgment 15 (Against Defendants Mr. Trump and EC) 16 36. Plaintiff restates and re-alleges each and every allegation in Paragraphs 1 17 through 35 above as if fully set forth herein. 18 37. This action concerns the legal significance, if any, of the documents 19 attached hereto as Exhibit 1, entitled Confidential Settlement Agreement and Mutual 20 Release; Assignment of Copyright and Non-Disparagment [sic] Agreement, and Exhibit 21 2, entitled Side Letter Agreement. 22 38. California Code of Civil Procedure § 1060 authorizes declaratory relief for 23 any person who desires a declaration of rights or duties with respect to one another. In 24 cases of actual controversy relating to the legal rights and duties of the respective 25 parties, such a person may seek a judicial declaration of his or her rights and duties 26 relative to an instrument or contract, or alleged contract, including a determination of 27 any question of construction or validity arising under the instrument or contract, or 28 alleged contract. This includes a determination of whether a contract was ever formed.

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1 39. 28 U.S.C. § 2201 creates a remedy for the entry of a declaratory judgment 2 in cases of “actual controversy”, whereby the court may declare the rights and other 3 legal relations of any interested party seeking such declaration. Any such declaration 4 shall have the force and effect of a final judgment or decree. 5 40. An actual controversy exists between Plaintiff and Defendants as to their 6 rights and duties to each other. Accordingly, a declaration is necessary and proper at 7 this time. 8 9 A. No Agreement Was Formed – Lack of Signature, Consideration, or Consent 10 41. Specifically, Plaintiff seeks an order of this Court declaring that the 11 agreements in the forms set out in Exhibits 1 and 2 between Plaintiff and Defendants 12 were never formed, and therefore do not exist, because, among other things, Mr. Trump 13 never signed the agreements (which was an express condition of the Hush Agreement 14 that had to occur for the formation of a valid and binding agreement). Nor did Mr. 15 Trump provide any other valid consideration. He thus never assented to the duties, 16 obligations, and conditions the agreements purportedly imposed upon him, which 17 included express obligations imposed on Mr. Trump to provide Plaintiff with releases, a 18 covenant not to sue, and representations and warranties (all of which were separate and 19 apart from the $130,000 payment). Plaintiff contends that, as a result, no agreement 20 was ever formed or ever existed and, consequently, she is not bound by any of the 21 duties, obligations, or conditions set forth in Exhibits 1 and 2. Moreover, as a further 22 result, there is no agreement to arbitrate between the parties. 23 24 B. The Agreement Is Unconscionable 25 42. In the alternative, Plaintiff seeks an order of this Court declaring that the 26 agreements in the forms set out in Exhibits 1 and 2 are invalid, unenforceable, and/or 27 void under the doctrine of unconscionability. By way of example only (and not 28 limitation), the Hush Agreement contains a “Liquidated Damages” provision in favor of

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1 “DD” (Mr. Trump) purporting to require Plaintiff to pay $1 Million for “each breach” 2 calculated on a “per item basis.” However, $1 Million for “each breach” bears no 3 reasonable relationship to the range of actual damages that the parties could have 4 anticipated would flow from a breach. Instead, the liquidated damages clause was 5 intended to inflict a penalty designed to intimidate and financially cripple Plaintiff. It is 6 therefore void as a matter of law. 7 43. By way of further example, while on the one hand, the Hush Agreement 8 purports to impose astonishingly broad restrictions on speech and disclosure upon 9 Plaintiff (including prohibiting disclosure of matters that are of public record), on the 10 other hand, Defendants, with few exceptions, have no such restrictions imposed upon 11 them and are thus permitted to disclose matters covered by the Agreement, and publicly 12 disparage Plaintiff and impugn her credibility. As but one illustration of the one-sided 13 nature of the Hush Agreement, EC, through Mr. Cohen, violated paragraph 7.1 of the 14 Agreement by disclosing terms of the Agreement to the Wall Street Journal on or about 15 January 12, 2018. Although the Agreement attempts to impose astonishingly 16 Draconian consequences and penalties upon Plaintiff for a breach of the Agreement, no 17 such remedies are available to Plaintiff for Defendants’ breach of the Agreement. An 18 agreement that sanctions such overly-harsh, one-sided results without any justification 19 and which allocates risks of the bargain in such an objectively unreasonable and 20 unexpected manner is unconscionable as a matter of law. Plaintiff contends that, as a 21 result, she is not bound by any of the duties, obligations, or conditions set forth in 22 Exhibits 1 and 2. Moreover, as a further result, there is no agreement to arbitrate 23 between the parties. 24 25 C. The Agreement Is Void Ab Initio Because It Is Illegal and 26 Violates Public Policy 27 44. In the further alternative, Plaintiff seeks an order of this Court declaring 28 that the agreements in the forms set out in Exhibits 1 and 2 are invalid, unenforceable,

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1 and/or void because they are illegal, or that they violate public policy. Essential to the 2 “existence” of a contract is that the contract have a “lawful object” or lawful purpose. 3 See, e.g., Cal. Civ. Code § 1550. No such lawful purpose existed in the Hush 4 Agreement for at least the following reasons. 5 45. First, the Hush Agreement was entered with the illegal aim, design, and 6 purpose of circumventing federal campaign finance law under the Federal Election 7 Campaign Act (FECA), 52 U.S.C. §§ 30101, et seq., and Federal Election Commission 8 (FEC) regulations. The purposes and aims of the FECA include the promotion of 9 transparency, the complete and accurate disclosure of the contributors who finance 10 federal elections, and the restriction on the influence of political war chests funneled 11 through the corporate form. 12 46. In order to effectuate these purposes, FECA imposes various contribution 13 limits, and reporting and public disclosure requirements, on candidates for Federal 14 office, including the office of President of the United States. With regards to the 2016 15 Presidential Election, FECA required that the maximum any “person”—defined to 16 include “an individual, partnership, committee, association, corporation, labor 17 organization, or any other organization or group of persons” —was permitted to 18 contribute to any candidate was $2,700. 52 U.S.C. §§ 30101(11); 30116(a)(1)(A), (c); 19 see also FEC, Price Index Adjustments for Contribution and Expenditure Limitations 20 and Lobbyist Bundling Disclosure Threshold, 82 Fed. Reg. 10904, 10906 (Feb. 16, 21 2017). Mr. Trump and his campaign for the presidency were subject to FECA and its 22 contribution limit at all relevant times. 23 47. The term “contribution” is defined broadly to include “any gift, 24 subscription, loan, advance, or deposit of money or anything of value made by any 25 person for the purpose of influencing any election for Federal office[.]” 52 U.S.C. § 26 30101(8)(A) (emphasis added); see also 11 C.F.R. §§ 100.51-100.56. The phrase 27 “anything of value” includes “all in-kind contributions.” 11 C.F.R. § 100.52(d)(1). In 28 other words, “the provision of any goods or services without charge or at a charge that

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1 is less than the usual and normal charge for such goods or services is a contribution.” 2 Id. 3 48. In addition, under FECA, Mr. Trump and his campaign for the presidency 4 were required to report the identification of each person who made a contribution to his 5 campaign with an aggregate value in excess of $200 within an election cycle. 52 6 U.S.C. § 30104(b)(3)(A). Mr. Trump and his campaign for the presidency were also 7 required to report the name and address of each person to whom an expenditure in an 8 aggregate amount in excess of $200 within the calendar year was made by his campaign 9 committee. 10 49. FECA also imposes similar requirements on the reporting of 11 “expenditures.” 52 U.S.C. § 30104(b)(4)-(5). The term “expenditure” includes “(i) any 12 purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of 13 value, made by any person for the purpose of influencing any election for Federal 14 office; and (ii) a written contract, promise, or agreement to make an expenditure.” 52 15 U.S.C. § 30101(9) (emphasis added). As with “contributions,” the phrase “anything of 16 value” in the context of “expenditures” includes “all in-kind contributions.” 11 C.F.R. 17 § 100.111(e)(1). 18 50. Moreover, “contributions from the candidate” or “expenditures” from the 19 candidate must also be reported. 11 C.F.R. § 104.3(a)(3)(ii); see also, e.g., FEC 20 Advisory Opinion 1990-09. 21 51. Here, the Hush Agreement did not have a lawful object or purpose. The 22 Hush Agreement, and the $130,000 payment made pursuant to the agreement, was for 23 the “purpose of influencing” the 2016 presidential election by silencing Plaintiff from 24 speaking openly and publicly about Mr. Trump just weeks before the 2016 election. 25 Defendants plainly intended to prevent American voters from hearing Plaintiff speak 26 about Mr. Trump. This $130,000 payment was a thing “of value” and an “in-kind” 27 contribution exceeding the contribution limits in violation of FECA and FEC 28 regulations. It was also a violation of FECA and FEC regulations because it was not

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1 publicly reported as a contribution. Further, it was a violation of FECA and FEC 2 regulations because it was a thing “of value” and an “in-kind” expenditure that was 3 required to be reported as such. Therefore, because the Hush Agreement did not have a 4 lawful object or purpose, the Agreement was void ab initio. Plaintiff contends that, as a 5 result, she is not bound by any of the duties, obligations, or conditions set forth in 6 Exhibits 1 and 2. Moreover, as a further result, there is no agreement to arbitrate 7 between the parties. 8 52. Second, the Hush Agreement is also void ab initio because it violates 9 public policy by suppressing speech on a matter of public concern about a candidate for 10 President of the United States, mere weeks before the election. Agreements to suppress 11 evidence are void as against public policy, both in California and in most common law 12 jurisdictions. “A bargain that has for its consideration the nondisclosure of 13 discreditable facts, or of facts that the promisee is under a fiduciary duty not to disclose, 14 is illegal.” Restatement (First) of Contracts § 557 (1932). Remarkably, illustration 1 in 15 the official comments to section 557 provides the following example of a bargain that is 16 illegal: 17 1. A, a candidate for political office, and as such advocating 18 certain principles, had previously written letters to B, taking a 19 contrary position. B is about to publish the letters, and A 20 fearing that the publication will cost him his election, agrees 21 to pay $1000 for the suppression of the letters. The bargain is 22 illegal. 23 Restatement (First) of Contracts § 557, Illustration 1 (1932)(emphasis added). 24 53. Third, the Hush Agreement is also without a lawful object or purpose and 25 thus void ab initio based on illegality because it was entered for the purpose of 26 covering-up adulterous conduct, a crime in New York, Mr. Trump’s home state at the 27 time of the Hush Agreement and at the time of the intimate relationship between 28 Plaintiff and Mr. Trump. N.Y. Penal Law § 255.17 (“A person is guilty of adultery

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1 when he engages in sexual intercourse with another person at a time when he has a 2 living spouse, or the other person has a living spouse. Adultery is a class B 3 misdemeanor.”). 4 54. Fourth, the Hush Agreement is also without a lawful object or purpose and 5 thus void ab initio based on illegality because it was entered into by Defendant EC at 6 the behest of Defendant Cohen, a New York attorney then subject to the New York 7 Rules of Professional Conduct. If Mr. Cohen’s public statements are true (which is 8 unlikely), he violated Rule 1.4 of the New York Rules of Professional Conduct by 9 entering into an agreement on his client Mr. Trump’s behalf without notifying him of 10 the agreement, including, among other things, the fact that the agreement required a 11 payment of $130,000 to be made, that he was making the payment for Mr. Trump on 12 Mr. Trump’s behalf, that Mr. Trump was being encumbered with various duties and 13 obligations under the Agreement, that the Agreement and $130,000 payment would 14 possibly subject Mr. Trump to violations of federal campaign finance laws, and that the 15 Agreement would raise questions about whether he had an adulterous affair that Mr. 16 Trump apparently now denies ever occurred. 17 55. Moreover, if Mr. Cohen’s public statements are true, he also violated Rule 18 1.8(e) of the New York Rules of Professional Conduct by advancing or guaranteeing 19 financial assistance to a client by paying $130,000 from his own personal funds to 20 benefit his client Mr. Trump. 21 22 D. There Was No Agreement to Arbitrate Between Plaintiff and EC 23 56. Separate and apart from Plaintiff’s request for an order declaring that no 24 agreement was ever formed between the parties, or that the entirety of the Hush 25 Agreement be declared void ab initio, all as set forth above, Plaintiff alternatively seeks 26 an order of this Court declaring that no agreement to arbitrate exists between Plaintiff 27 and EC. Under paragraph 5.2 of the Hush Agreement, entitled “Dispute Resolution,” 28 only those “claims and controversies arising between DD [Mr. Trump] on the one hand,

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1 and PP [i.e., Plaintiff] on the other hand” are subject to arbitration. To be clear, there is 2 not presently nor has there ever been any agreement to arbitrate between Plaintiff and 3 EC. 4 5 E. The Arbitration Clause Is Void Ab Initio Because It Is Unconscionable, 6 Illegal, and Violates Public Policy 7 57. Moreover, also separate and apart from Plaintiff’s request for an order 8 declaring that no agreement was ever formed between the parties, or that the entirety of 9 the Hush Agreement be declared void ab initio (as set forth above), Plaintiff 10 alternatively seeks an order of this Court declaring that no agreement to arbitrate exists 11 because no agreement was formed (see Complaint, ¶41, supra), and further, that no 12 agreement to arbitrate exists because paragraphs 5.2 of the Agreement (which contains 13 the arbitration clause) along with various parts of paragraph 5.1 of the Agreement 14 (describing “DD’s” remedies that Defendants would presumably argue are available to 15 them in a confidential arbitration proceeding) are void ab initio because they 16 unconscionable, illegal, and violates public policy. 17 58. First, the arbitration clause is unconscionable, particularly when combined 18 with the remedies section of the Agreement. The clause is extremely one-sided by 19 conferring significant rights exclusively to Mr. Trump (as “DD” referred to in the 20 Agreement), provided he is a party to the agreement. Among other things, (a) Mr. 21 Trump is given the right to seek injunctive relief either in court or arbitration, while 22 Defendants contend Plaintiff must pursue all rights in arbitration, (b) Mr. Trump is 23 given the exclusive right to elect which state’s laws will apply to the arbitration 24 (California, Nevada, or Arizona) and he is not required to provide notice of which 25 state’s laws he elects will be applied until after he has filed an arbitration proceeding, 26 and (c) Mr. Trump is given the exclusive right to choose venue in any location (i.e., 27 anywhere in the country) he selects and is permitted to elect which of two arbitration 28

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1 agencies the arbitration proceeding may be initiated in (either JAMS or Action Dispute 2 Resolution Services). 3 59. Second, the arbitration clause is illegal and without lawful object or 4 purpose because it was entered with the purpose of keeping facts concerning federal 5 campaign contributions and expenditures secret and hidden from public view by using a 6 confidential arbitration proceeding in violation of FECA’s mandates to publicly report 7 campaign contributions and expenditures. In other words, the principal aim and design 8 of the arbitration clause is to keep confidential that which, by law, must be publicly 9 disclosed. Indeed, the clause plainly is designed to prevent the public disclosure of an 10 illegal campaign contribution by mandating that disputes between Plaintiff and Mr. 11 Trump be resolved in a confidential arbitration proceeding shielded from public 12 scrutiny. 13 60. Third, the arbitration clause is void because it violates public policy by 14 suppressing speech on a matter of enormous public concern about a candidate for 15 President of the United States mere weeks before the election. See Restatement (First) 16 of Contracts § 557. 17 61. Fourth, the arbitration clause is illegal and without lawful object or 18 purpose because it was designed to cover up adulterous conduct, a crime in New York, 19 Mr. Trump’s home state at the time of the Hush Agreement and at the time of Plaintiff 20 and Mr. Trump’s intimate relationship. N.Y. Penal Law § 255.17. It is also illegal and 21 without lawful object or purpose because it was designed to cover up Mr. Cohen’s 22 ethical violations, including his violations of Rule 1.4 and 1.8(e) of the New York 23 Rules of Professional Conduct. 24 62. Defendants dispute all of the foregoing contentions. 25 63. Accordingly, Ms. Clifford desires a judicial determination of her rights and 26 duties with respect to the alleged agreements in the forms set out in Exhibits 1 and 2. 27 28

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1 SECOND CAUSE OF ACTION 2 Defamation 3 (Against Defendant Mr. Cohen) 4 64. Plaintiff restates and re-alleges each and every allegation in Paragraphs 1 5 through 64 above as if fully set forth herein. 6 65. On or about February 13, 2018, Mr. Cohen issued a public statement. The 7 entirety of the statement is attached hereto as Exhibit 3. In it, he states in part: “Just 8 because something isn’t true doesn’t mean that it can’t cause you harm or damage. I 9 will always protect Mr. Trump.” (emphasis added). Mr. Cohen’s statement was made 10 in writing and released by Mr. Cohen to the media with the intent that it be widely 11 disseminated and repeated throughout California and across the country (and the world) 12 on television, on the radio, in newspapers, and on the Internet. 13 66. It was reasonably understood by those who read or heard the statement that 14 Mr. Cohen’s defamatory statement was about Ms. Clifford. 15 67. Both on its face, and because of the facts and circumstances known to 16 persons who read or heard the statement, it was reasonably understood Mr. Cohen 17 meant to convey that Ms. Clifford is a liar, someone who should not be trusted, and that 18 her claims about her relationship with Mr. Trump is “something [that] isn’t true.” Mr. 19 Cohen’s statement exposed Mr. Clifford to hatred, contempt, ridicule, and shame, and 20 discouraged others from associating or dealing with her. 21 68. Mr. Cohen’s defamatory statement was false. 22 69. Mr. Cohen made the statement knowing it was false or had serious doubts 23 about the truth of the statements. 24 70. As a result, Plaintiff Ms. Clifford has suffered damages in an amount to be 25 proven at trial according to proof, including but not limited to, harm to her reputation, 26 emotional harm, exposure to contempt, ridicule, and shame, and physical threats of 27 violence to her person and life. 28

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1 71. In making the defamatory statement identified above, Mr. Cohen acted 2 with malice, oppression, or fraud, and is thus responsible for punitive damages in an 3 amount to be proven at trial according to proof. 4 5 PRAYER FOR RELIEF 6 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of 7 them, declaring that no agreement was formed between the parties, or in the alternative, 8 to the extent an agreement was formed, it is void ab initio, invalid, or otherwise 9 unenforceable. 10 11 ON THE FIRST CAUSE OF ACTION (DECLARATORY 12 RELIEF/JUDGMENT) 13 1. For a judgment declaring that no agreement was formed between the 14 parties, or in the alternative, to the extent an agreement was formed, it is 15 void, invalid, or otherwise unenforceable; 16 2. For a judgment declaring that no agreement to arbitrate was formed 17 between the parties, or in the alternative, to the extent an agreement was 18 formed, it is void, invalid, or otherwise unenforceable; 19 3. For costs of suit; and 20 4. For such other and further relief as the Court may deem just and proper. 21

22 ON THE SECOND CAUSE OF ACTION (DEFAMATION) 23 1. For damages in an amount to be proven at trial; 24 2. For punitive damages; 25 3. For pre-judgment and post-judgment interest; 26 4. For costs of suit; and 27 5. For such other and further relief as the Court may deem just and proper. 28

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1 DEMAND FOR TRIAL BY JURY 2 Plaintiff demands a trial by jury on all causes so triable. Said demand includes a 3 demand, pursuant to 9 U.S.C. § 4, for a trial by jury concerning whether the parties 4 entered into the agreement at issue by which EC, Mr. Trump, or both, will seek to compel 5 arbitration. 6 DATED: March 26, 2018 AVENATTI & ASSOCIATES, APC 7 8 /s/ Michael J. Avenatti 9 MICHAEL J. AVENATTI 10 Attorneys for Plaintiff 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Exhibit D 4/2/2018 Case 2:18-cv-02217-SJO-FFMStormy Daniels Documenttried to sell story 20-3on Trump Filedweeks 04/02/18before election Page| Daily Mail 32Online of 44 Page ID

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• The titillating tell all was peddled to the media around October 17, three weeks before the election Vintage > • But the adult actress apparently had no takers as Hillary was expected to win at the time, and Stormy's story would have been worth a fraction of her asking price UNEN SHIK. • Daniels then accepted the $130k from Trump's lawyer Michael Cohen, who had made her the offer after Trump won the nomination

• 'It looks to me that she accepted Cohen's money because she could not get the money she wanted from anyone else,' one media executive said

• Daniels told her version of her tryst with Trump to Anderson Cooper on CBS's 60 Minutes on Sunday

• Stormy made it seem as though she did not seek to sell her story, telling Cooper: 'Suddenly people are reaching out to me again, offering me money. Large amounts of money' Newchic

By MARTIN GOULD FOR DAILYMAIL.COM PUBLISHED: 14:30 EDT, 29 March 2018 | UPDATED: 16:08 EDT, 29 March 2018 G+ Daily Mail

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Daniels told her version of her tryst with Trump to Anderson Cooper on CBS's 60 i- Minutes on Sunday. Cooper reported that she had sold her story to a tabloid Donald Trump Jr and magazine for $15,000 years before, but it did not run because of libel threats from estranged wife Vanessa smile and laugh as they Cohen and she was never paid. put on a united front while taking their kids to the White House Easter After Trump won the Republican presidential nomination interest in Daniels's story Egg Roll grew and she claims she turned down offers to speak. Hair-raising! Jared p Leto, 46, sports vibrant j^j Stormy made it seem as though she did not seek to sell her story, telling Cooper: colorful blue track pants ^ and a seriously shaggy 'Suddenly people are reaching out to me again, offering me money. Large amounts beard for an afternoon stroll in New York City of money. Was I tempted? Yes - 1 struggle with it,' she told Cooper. it- Then, she claims, Cohen approached her with his $130,0000 offer. ^Willow Smith celebrates Easter by ™ wrapping her long But the fact is that Stormy's team was aggressively pursuing a deal to sell her story dreadlocks in beautiful ^ to the highest bidder. pastel-colored ribbons Will and Jada's daughter ^ is now 1 7 During the 60 Minutes interview, Daniels, 39, said she had 'swatted' the future I president's backside a couple of times with a copy of Trump Magazine and that they 'I feel like an a**hole': Busy Philipps breaks had had sex just once in a Nevada hotel suite. down in TEARS as she admits she left her nine- Cooper did not ask her to elaborate on what the sex was like. year-old daughter's beloved teddy bears in a Hawaii hotel Daniels, 39, an adult film actress whose body of work includes The Witches of Breastwick, Camp Cuddlypines Powertool Massacre, and Spreading My Seed, mused ADVERTISEMENT to Cooper on whether she should now be speaking out.

She pointed out she was not being paid for the interview and when Cooper asked New York Man Suite her if the notoriety would help her 'Make America Horny Again' tour of strip clubs, * she replied that she could end up being shunned. 3 Wool Suits ? Stormy Daniels breaks silence on Trump relationship 1 WifflllB fcpJ I s IS 1Wwm SHOP NOW » • I Bf A MB 1 2H a \ i j mj

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She can't stop! Miley 'I could automatically be alienating half of my fan base right at this very moment,' Cyrus goes braless in « & see-through dress and \ she said. gets spanked by the KlB Easter bunny in risque But in 2016, Daniels saw her opportunity to cash in on the one-night-stand that she videos Sexy photo session says occurred 10 years earlier, and she had a picture of herself in a body-hugging cropped black tank top standing next to Trump in a yellow golf shirt and red cap, to Drake sports 'album hour1 dark circles under back her claim. his eyes... as his legal battle with Detail heats up

http://www.dailymail.co.uk/news/article-5554437/Stormy-Daniels-tried-sell-story-sex-Trump-200-000-weeks-election.html 4/2/2018 Case 2:18-cv-02217-SJO-FFMStormy Daniels Documenttried to sell story 20-3on Trump Filedweeks 04/02/18before election Page| Daily Mail 37Online of 44 Page ID Rodriguez pushed Daniels's story to the media around October #:29217, three weeks R&B star grabbed a bite to eat in Calabasas before the election and the same day that Cohen registered a limited liability ADVERTISEMENT company called Essential Solutions in Delaware. Rodriguez said she was keen for the story to appear before the final presidential debate between Trump and Clinton, set for October 19. |D>|x Some 10 days later, Essential Solutions paid Daniels $130,000 after she signed an agreement not to talk about Trump. The agreement used pseudonyms — David ( Summer camp;) Dennison for Trump and Peggy Peterson for Daniels. im 3 DAYS OF MUSIC? Daniels and her attorney Michael Avenatti claim the agreement is non-binding OVIit @H f STAOKSI because Trump did not sign in, although Cohen did. FEATURING 3 DAYS OF

Trump, then 60, was playing in a moe.*uBcp&f celebrity golf tournament at the Edgewood Tahoe Golf Course in

Stateline, Nevada, in July 2006, finishing jlLj 62nd in a field of 80. Daniels was working a gifting suite for Wicked Pictures, one of the leading porn companies, and says he invited her up to his suite at the Harrah's Casino.

Trump's wife Melania had given birth to their only child, Barron, just three months earlier.

Once she got to the room, Daniels says DailyHlatl.com Trump showed her a copy of his new magazine — which had a picture of the Chrissy Teigen brings Attorney Michael Avenatti, who is businessman in a navy suit and blue tie up Bill O'Reilly's sexual representing Daniels, says the $130,000 on the cover under the caption 'On Top harassment settlement agreement was not binding because Trump as she hits back at the former Fox News host of the World.' did not sign it Hi for mocking NBC's Jesus Christ Superstar She says she asked him whether m fl boasting about himself normally worked with women, a question she says surprised Inside the decadent Kardashian-Jenner him. Easter: KUWTK stars 3 celebrate with gold 'He looked very taken aback, like he didn't really understand what I was saying.' she eggs, a 10ft tall flower bunny and a CASH told Cooper. HUNT for the kids

'And I was like, "Someone should take that magazine and spank you with it." I don't Daddy's little girl! ~ Bradley Cooper kisses think anyone's ever spoken to him like that, especially, you know, a young woman one-year-old daughter Lea at Easter party with who looked like me. model mom Irina Shayk 1 Easter party in 'And I said "Give me that," and I just remember him going, "You wouldn't. Hand it Brentwood, California IJ over." And so he did, and I was like, "Turn around, drop 'em." Tom Hardy as James Bond: Actor teases fans 'So he turned around and pulled his pants down a little,' she added saying he was he's the next 007 as he reacts to Daniel Craig wearing underwear. 'I just gave him a couple swats. ' quitting the role in April Fools' joke It was all done in fun Daniels — real name Stephanie Clifford — said Trump then stopped talking about

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After dinner in the room, she says she went to the bathroom and when she returned she found Trump 'perched' on the edge of the bed.

'I realized exactly what I'd gotten myself into. And I was like, "Ugh, here we go." And I just felt like I had it coming for making a bad decision for going to someone's room alone and I just heard the voice in my head, "Well, you put yourself in a bad situation and bad things happen, so you deserve this."

They then had unprotected sex, she claims, although Cooper did not ask her for any further details. She said she did not consider herself a victim as the sex was consensual, even though she insists she was not physically attracted to him.

Trump denies ever having sex with Daniels, but the $130,000 payout could bring more problems to his presidency as there are now calls to have it investigated as an illegal campaign contribution from Cohen. DailyHlatl.com

SHARE THIS RELATED ARTICLES • > 'Pregnant' Chloe ARTICLE Green joins 'Hot Felon' Pi Now Stormyis lawyer Trump is 'obsessed' Jeremy Meeks for S' will try to depose B§ with going after dinner with her parents Sir Phillip and Tina... Share ^ President Trump and... u£- Amazon because amid claims she's n T 1 expecting their first £Sound familiar?^: White House claims child Megyn Kelly says she Trump is TOO BUSY to uS 2.4k shares was threatened by... tweet about Stormy... Beyonce 'books 1 1 HOUR studio sessions' ahead of Coachella k- performance... after Daniels said she stayed in contact with Trump and went to his suite at the Beverly going vegan for event Hills Hotel the following year to discuss her possible appearance on Celebrity Singer, 36, desperate for flawless performance Apprentice. She said he made her watch a Shark Week documentary and then came on to her but she left without having sex. It's Meghan McMarkle! Prince Harry's fiance is descended from Daniels's account had many similarities to one from former Playboy centerfold Karen Scottish king Robert the Bruce (and is a distant v MacDougal, who says she had a year-long affair with Trump starting in June 2006, cousin of her husband- the month before his alleged night with Daniels. to-be)

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By Nick Valencia and Dakin Andone, CNN

Updated 11:10 AM ET, Sun March 11, 2018

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Stormy Daniels: Controversy is overshadowing my films 02:23

Pompano Beach, Florida (CNN) — Interest in Stephanie Clifford, the porn star known as Stormy Daniels, is at an all-time high, and she's using it to her advantage, she told CNN after a performance Friday at the Solid Gold gentleman's club in Pompano Beach, Florida.

Clifford has been in the news since The Wall Street Journal reported in January that President Donald Trump's personal lawyer, Michael Cohen, paid her $130,000 weeks before the 2016 presidential election to keep quiet about an alleged affair with Trump.

In her interview with CNN, Clifford wouldn't answer any questions about the lawsuit or comment on Trump or their alleged relationship.

She did, however, talk about how all the attention has affected her life.

"Now, yes, I'm more in demand," Clifford told CNN. "Like I said in the Rolling Stone interview, if somebody came up to you and said, 'Hey, you know that job that you've been doing forever? How about next week I pay you quadruple,' show me one person who's going to say no."

Clifford has been in the adult entertainment business for 17 years, she said. According to her website, she started out as a dancer in Louisiana before moving to Los Angeles to make porn films. Now, she said, she not only acts but writes and directs films as well.

"The phone has been blowing up," said Craig Korka, manager of the Solid Gold club. "Interest is volcanic. It's like the perfect storm."

https://www.cnn.com/2018/03/10/politics/stormy-daniels-interview/index.html 3/13/2018 Case 2:18-cv-02217-SJO-FFMStormy Daniels Documentsays Trump scandal 20-3has Filedbeen good 04/02/18for business Page- CNNPolitics 43 of 44 Page ID P| Clifford's name#:298dominated headlines this week after she sued Trump, saying a , i nondisclosure agreement was void because the President never signed it. On d | Friday, hours before Clifford went out on stage, Cohen told CNN he used funds I from his own home equity line of credit to make the payment. IV i And later, an email provided to CNN by Clifford's attorney showed Cohen used m £ his Trump Organization signature in an email. Her lawyer, Michael Avenatti, said he believes it's proof that Cohen was acting in a professional capacity as WW ViV Trump's attorney in the negotiations. V:"

Related Article: Read CNN's interview with Stormy Daniels

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Stephanie Clifford, better known as Stormy Daniels, talks to CNN's Nick Valencia on Friday in Pompano Beach, Florida.

Cohen has never stated the reason for payment. He and the White House have said Trump had no knowledge of the payment, and the White House has said Trump has denied having a relationship with Clifford.

While the notoriety has put a bigger spotlight on Clifford's career, she said, the attention also has its downsides.

"It's sort of been a double-edged sword where a lot of people are very interested in booking me for dancing and stuff like this," Clifford told CNN, taking away time from films and projects she's supposed to be promoting.

What bothers her, she said, is the "flat-out lies" that have been spread about her. "Like that I'm broke," she said. "I'm actually one of the most successful adult movie directors in the business."

In 2014, Clifford was inducted into the Adult Video News Hall of Fame. She also has appeared in such mainstream box-office hits as "The 40-Year-Old Virgin" and "Knocked Up."

But even Clifford admitted she's capitalizing on the moment when interest in her career is at an all-time high. The attention has helped her in the short term, as more people turn out for shows on her "Make America Horny Again" tour (a play on Trump's campaign slogan "Make America Great Again").

https://www.cnn.com/2018/03/10/politics/stormy-daniels-interview/index.html Case 2:18-cv-02217-SJO-FFM Document 20-3 Filed 04/02/18 Page 44 of 44 Page ID #:299