Judge tosses Stormy Daniels’ lawsuit against Trump over hush money agreement

Photo: Inside Edition / CBS Photo: DoD (MGN Online)

(CNN) — A lawsuit by adult film star Stormy Daniels against President Donald Trump over a non-disparagement agreement has been tossed out of federal court.

US District Judge James Otero says the suit, which sought to invalidate the $130,000 agreement that kept Daniels from speaking publicly about her allegations of an affair with Trump ahead of the 2016 election, should be sent back to California Superior Court. In his ruling, Otero says the suit “lacks subject matter jurisdiction.”

By remanding the case back to where it was first filed, Otero made it clear the case is over.

During the course of the case, Cohen and Trump agreed with Daniels saying the agreement would not be enforced. But, Daniels’ attorney Michael Avenatti said his client wanted the judge to rule that what Cohen and Trump did was illegal.

Instead, Daniels’ case was dismissed in favor of the defendants.

By dismissing the case, the judge essentially gave Daniels what she wanted all along — to be able to tell her story without the fear of being sued for millions of dollars, Avenatti said.

“The court found that Ms. Daniels received everything she asked for by way of the lawsuit — she won,” Avenatti told CNN.

Otero is the same judge that also dismissed Daniels’ defamation cases against Trump and his former attorney Michael Cohen.

CNN has reached out to attorneys for Trump and Cohen for comment on the decision.

Notice: you are using an outdated browser. Microsoft does not recommend using IE as your default browser. Some features on this website, like video and images, might not work properly. For the best experience, please upgrade your browser.