Stephanie Clifford v. Keith Davidson et al
Filing
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COUNTERCLAIM against Cross Defendants Avenatti Michael, Clifford Stephanie, Avenatti & Associates, PC, Eagan Avenatti, LLP; Yes, filed by Pro Se Attorney Keith Davidson.(Davidson, Keith)
Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 1 of 10 Page ID #:125
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KEITH M. DAVIDSON, ESQ.
(State Bar No. 212216)
DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444
Fax. (323) 658-5424
Pro Se Attorney for Defendant and Cross-Complainant,
Keith M. Davidson
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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DISTRICT
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DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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STEPHANIE CLIFFORD (AKA STORMY
DANIELS), an individual;
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Plaintiff,
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vs.
KEITH M. DAVIDSON, an individual,
MICHAEL COHEN, an individual and DOES 1
through 10, inclusive,
Case No.: 2:18-cv-05052
COUNTERCLAIM BY KEITH M.
DAVIDSON AGAINST STEPHANIE
CLIFFORD (AKA STORMY DANIELS);
MICHAEL AVENATTI; AVENATTI &
ASSOCIATES, A PROFESSIONAL
CORPORATION; EAGAN AVENATTI,
LLP,; AND ROES 1 TO 10, INCLUSIVE
[Filed Concurrently with Answer to
Complaint and Crossclaim against Michael
D. Cohen]
Defendants.
KEITH M. DAVIDSON, an individual
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Counter-Claimant,
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vs.
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STEPHANIE CLIFFORD (AKA STORMY
DANIELS), an individual; MICHAEL
AVENATTI, an individual; AVENATTI &
ASSOCIATES, A PROFESSIONAL
CORPORATION, a California Corporation;
EAGAN AVENATTI, LLP, a California
Corporation; AND ROES 1 TO 10,
INCLUSIVE,
Assigned For All Purposes:
Hon. S. James Otero
Cross-Defendant.
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Defendant and Counterclaimant KEITH M. DAVIDSON (hereinafter “DAVIDSON”) for
its Counterclaim hereby brings this action against Counter-defendants STEPHANIE
ANSWER TO COMPLAINT
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Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 2 of 10 Page ID #:126
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CLIFFORD (AKA STORMY DANIELS), an individual; MICHAEL AVENATTI, an
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individual; AVENATTI & ASSOCIATES, A PROFESSIONAL CORPORATION, a
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California Corporation; EAGAN AVENATTI, LLP, a California Corporation; AND ROES
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1 TO 10, INCLUSIVE.
INTRODUCTION
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1.
Keith M. Davidson is an Attorney who formerly represented Stephanie
Clifford. Stephanie Clifford’s current attorney Michael Avenatti has been on a crusade to
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falsely vilify Davidson while using Clifford’s Attorney Client Privilege with Davidson as
DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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both a sword and a shield.
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After making more than 175 television appearances in the first five months of
2018, on June 6, 2018, Clifford sued Davidson.
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Countless reckless and false statements have been made against Davidson by
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the Counter-defendants since AVENATTI began what Hon. Judge Kimba Wood referred to
as his “Publicity Tour.”
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After filing suit against Davidson on June 6, 2018, the Counter-Defendants
and each of them uttered and intentionally published a statement of fact which was false,
defamatory, had a natural tendency to injure and was published with actual malice.
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THE PARTIES
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5.
Defendant and Counterclaimant KEITH M. DAVIDSON (DAVIDSON) is a
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California Resident and is a former attorney for Cross-Defendant STEPHANIE CLIFFORD
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((CLIFFORD) AKA Stormy Daniels).
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6.
Counter-defendant CLIFFORD sued her former Attorney DAVIDSON in Los
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Angeles Superior Court Case No. SC129384 on June 6, 2018. The case was removed to the
United States District Court for the Central District of California on June 7, 2018.
ANSWER TO COMPLAINT
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Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 3 of 10 Page ID #:127
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Counter-Defendant Michael Avenatti, (AVENATTI), is a California resident
and is the current attorney for CLIFFORD. AVENATTI utilizes a verified Twitter account
@MichaelAvenatti. AVENATTI currently has 525,000 twitter followers.
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Counter-Defendant AVENATTI & ASSOCIATES, A PROFESSIONAL
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CORPORATION, (AVENATTI ASSOCIATES), is a duly organized corporation existing
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under the laws of the State of California. On information and belief, AVENATTI
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ASSOCIATES has been and is employed by CLIFFORD and employs AVENATTI.
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Counter-Defendant EAGAN AVENATTI, LLP, is a duly organized
DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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corporation existing under the laws of the State of California. On information and belief,
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AVENATTI ASSOCIATES has been and is employed by CLIFFORD and employs
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AVENATTI.
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JURISDICTION & VENUE
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The court may assert personal jurisdiction over the parties because the parties
have submitted themselves to this court’s jurisdiction.
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The court has subject matter jurisdiction under 28 U.S.C. § 1332. The parties
are citizens of different states, and the amount in controversy exceeds $75,000.00, exclusive
of interest and costs.
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Venue is proper under 28 U.S.C. § 1391. A substantial part of the events or
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omissions that give rise to DAVIDSON’s claims which occurred in the Central District of
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California.
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FIRST CAUSE OF ACTION
DEFAMATION PER SE
AGAINST ALL DEFENDANTS
Plaintiff re-alleges and incorporates by reference the allegations in all prior
paragraphs as though fully set forth herein;
ANSWER TO COMPLAINT
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Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 4 of 10 Page ID #:128
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Plaintiff is informed and believes that DEFENDANTS, and each of them, by the herein
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described acts, conspired to, and in fact, did negligently, recklessly, and intentionally cause
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publications of defamation of and concerning Plaintiff, to third persons and to the
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community. The false and defamatory statements at issue is a social media tweet posted by
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AVENATTI at 1:12 PM on June 6, 2018 which reads:
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Michael Avenatti Verified
DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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account @MichaelAvenatti 10h10 hours ago
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Keith Davidson should have been charged after his arrest
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for extortion not long ago.[…]. Watch him now try and
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distract away from his own unethical conduct. Ms. Daniels
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deserved better.
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.
https://thebea.st/2HUp3jM?source=twitter&via=mobile …
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via @thedailybeast
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As of the filing of this Complaint, he above publication, (tweet), in paragraph
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times.
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Keith Davidson has never been arrested for extortion as falsely alleged by
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defendants. The defamatory publications consisted of written, knowingly false and
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unprivileged communications, tending directly to injure Counter-Claimants personal,
business, and professional reputations. These false and defamatory publications were and are
in violation of Cal. Civil Code § 45 and 46(3) and (5). This statements and similar ones
published by Defendants and each of them, expressly and impliedly asserted that Plaintiff is
a violent threat to others, threatened physical violence against other persons, committed
misconduct, violated company policies, and that his termination was justified.
ANSWER TO COMPLAINT
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Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 5 of 10 Page ID #:129
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Plaintiff is informed and believes, and fears, that these false and defamatory
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per se statements will continue to be published by Counter-Defendants and each of them and
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will be foreseeably republished by their recipients, all to the ongoing harm and injury to
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DAVIDSON’s business, professional and personal reputations. Plaintiff also seeks redress
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in this action for all foreseeable republication including his own compelled self publication
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of these defamatory statements.
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The defamatory meaning of all of the above-described false and defamatory
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statements and their reference to DAVIDSON were understood by these above referenced
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third person recipients and other members of the community who are known to Counter-
DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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Defendants and each of them, but unknown to DAVIDSON at this time.
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None of the Counter-Defendants defamatory publications against Plaintiff
referenced above are true.
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The above defamatory statements were understood as assertions of fact, and
not as opinion. Plaintiff is informed and believes this defamation will continue to be
negligently, recklessly, and intentionally published and foreseeably republished by CounterDefendants and each of them and foreseeably republished by recipients of Defendants’
525,000 twitter followers, thereby causing additional injury and damages for which Plaintiff
seeks redress by this action.
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Each of these false defamatory per se publications were negligently,
recklessly, and intentionally published in a manner equaling malice. These publications
abuse any alleged conditional privilege (which Plaintiff denies existed.). All of the
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publications were made with hatred, ill will, and intent to vex, harass, annoy, and injure
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Plaintiff. These publications were made in order to justify Counter-Defendants frivolous
lawsuit against DAVIDSON and/or to Distract from AVENATTI’s, and/or EAGAN
AVENATTI’s recent negative press. These false and defamatory statements were made to
cause damage to Plaintiff’s professional and personal reputation.
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Each of these publications by Counter-Defendants, and each of them, were
made with knowledge that no investigation supported the unsubstantiated and obviously
false statements. The Counter-Defendants published there statements knowing them to be
ANSWER TO COMPLAINT
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Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 6 of 10 Page ID #:130
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false, unsubstantiated by any reasonable investigation and the product of hostile witnesses.
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These acts of publication were known by Counter-Defendants, and each of them, to be
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negligent to such a degree as to be reckless. In fact, not only did Counter-Defendants, and
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each of them, have no reasonable basis to believe these statements, but they also had no
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belief in the truth of these statements, and in fact knew the statements to be false. Counter-
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Defendants and each of them, excessively, negligently, and recklessly published these
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statements to individuals with no need to know, and who made no inquiry, and who had a
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mere general or idle curiosity of this information.
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The complained of publications by Counter-Defendants and each of them
DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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were made with hatred and ill will towards DAVIDSON and the design and intent to injure
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him, his good name his reputation, employment and employability. Counter-Defendants and
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each of them, published these statements not with an intent to protect any interest intended to
be protected by any privilege, but with negligence, recklessness and/or and intent to injure
Plaintiff and destroy his reputation.
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As a proximate result of the publication and republication of these
defamatory statements by Counter-Defendants and each of them, DAVIDSON has suffered
injury to his personal, business and professional reputation including suffering
embarrassment, humiliation, severe emotional distress, shunning, anguish, fear, loss of
employment, and employability, and significant economic loss and future earnings, all to his
economic, emotional and general damage in an amount according to proof.
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Counter-Defendants and each of them, by and though their managing agents
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and officers committed the acts alleged herein recklessly, maliciously, fraudulently, and
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oppressively, with the wrongful intention of injuring Plaintiff, for an improper and evil
motive amounting to malice (as described above) and which abused and/or prevent the
existence of any conditional privilege, which in fact did not exist, and with a reckless and
conscious disregard of Plaintiff’s rights. All actions of Counter-Defendants, and each of
them their agents, employees, managing agents and officers as herein alleged were known
authorized ratified and approved by the Counter-Defendants and each of them. Plaintiff is
thus entitled to recover punitive and exemplary damages from Counter-Defendants and each
ANSWER TO COMPLAINT
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Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 7 of 10 Page ID #:131
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of them for thee wanton, obnoxious, and despicable acts in an amount based on the wealth
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and ability to pay according to proof at the time of trial.
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WHEREFORE, Defendant prays that:
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Plaintiff takes nothing by her Complaint;
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For attorneys’ fees and costs of the suit herein;
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For such other relief that the Court deems just and proper.
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DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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DATED: June 7, 2018
DAVIDSON & ASSOCIATES, P.L.C.
/S/ Keith M. Davidson
By: ___________________________
Keith M. Davidson, Esq.
Attorney In Pro Per
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ANSWER TO COMPLAINT
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Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 8 of 10 Page ID #:132
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DEMAND FOR JURY TRIAL
KEITH M. DAVIDSON respectfully demands trial by jury for all claims that may be
tried to a jury.
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DATED: June 7, 2018
DAVIDSON & ASSOCIATES, PLC
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DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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By: /S/ Keith M. Davidson
Keith M. Davidson, Esq.
Attorney In Pro Se
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ANSWER TO COMPLAINT
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Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 9 of 10 Page ID #:133
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PROOF OF SERVICE
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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I am a resident of the county aforesaid; I am over the age of eighteen years and not a
party to the within entitled action; my business address is 8383 Wilshire Boulevard, Suite
510, Beverly Hills, CA 90211.
On June 7, 2018, I served a true copy of COUNTERCLAIM BY KEITH M.
DAVIDSON AGAINST STEPHANIE CLIFFORD (AKA STORMY DANIELS);
MICHAEL AVENATTI; AVENATTI & ASSOCIATES, A PROFESSIONAL
CORPORATION; EAGAN AVENATTI, LLP,; AND ROES 1 TO 10, INCLUSIVE on
the interested parties in said action by placing as stated below:
SEE ATTACHED SERVICE LIST
(BY MAIL) I deposited such envelope with postage thereon fully prepaid, in the
United States mail at Calabasas, California.
(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of
the addressee.
(BY FACSIMILE) The above-described document (s) were sent by facsimile
transmission to the facsimile number(s) of the law office(s) stated above. The transmission
was reported as complete and without error. A copy of the transmission report is made a
part of this proof of service pursuant to CRC §2008.
(BY OVERNIGHT DELIVERY) I placed the Federal Express package for
overnight delivery in a box or location regularly maintained by Federal Express at my office
or I delivered the package to an authorized courier or driver authorized by Federal Express
to receive documents. The package was placed in a sealed envelope or package designated
by Federal Express with delivery fees paid or provided for, addressed to the person(s) on
whom it is to be served at the address(es) shown above, at the office address(es) as last given
by that person on any document filed in the cause and served on the party making service;
otherwise at that party’s place of residence.
(State) I declare, under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
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Executed on June 7, 2018 at Beverly Hills, California.
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/S/ Vilma Duarte_______________________
Vilma Duarte
ANSWER TO COMPLAINT
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Case 2:18-cv-05052 Document 6 Filed 06/07/18 Page 10 of 10 Page ID #:134
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SERVICE LIST
(DAVIDSON vs CLIFFORD)
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Attorney For MICHAEL D. COHEN:
Brent Blakely, Esq.
Blakely Law Group
1334 Parkview Avenue, Suite 280
Manhattan Beach, California 90266
Telephone: (310) 546-7400
Facsimile: (310) 546-7401
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DAVIDSON & ASSOCIATES, P.L.C.
8383 Wilshire Boulevard, Suite 510
Beverly Hills, CA 90211
Tel. (323) 658-5444 - ~ Fax. (323) 658-5424
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Attorney for STEPHANIE CLIFFORD; MICHAEL AVENATTI; EAGAN AVENATTI,
LLP; AND AVENATTI & ASSOCIATES, PLC:
Michael Avenatti, Esq.
520 Newport Center Drive, Suite 1400
Newport Beach, CA 92660
Telephone: (949) 706-7000
Facsimile: (949) 706-7050
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ANSWER TO COMPLAINT
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