(CN) – Michael Cohen filed a motion Tuesday to dismiss Stormy Daniels’ June lawsuit against him, claiming a lack of jurisdiction.
On June 6, Daniels filed a complaint in California state court, alleging that her former attorney Keith Davidson colluded with Cohen to discredit her claim of an alleged affair with Cohen’s former client, President Donald Trump.
In the complaint, Daniels, born Stephanie Clifford, said Davidson communicated with Cohen without her knowledge. She called him a “puppet” for Trump and his attorney. In a cross-complaint, Davidson claims Cohen invaded his privacy by recording his conversations with the former Trump attorney.
Cohen moved to have the case brought to federal court before filing Tuesday’s motion to have him removed from the complaint.
According to Tuesday’s filing, Cohen’s attorneys say the U.S. Central District of California has no jurisdiction since Cohen doesn’t live or work in the state.
“Neither the Complaint nor the Crossclaim allege that Cohen was physically present in the state of California when he performed the acts allegedly arising to the claims therein,” the filing states. “Nor do those pleadings allege any connection between Cohen and the state of California.”
Cohen is under federal investigation in a separate case in New York regarding the $130,000 payment he made to Daniels in exchange for her silence on the alleged affair with the president.
The motion comes just one day after Cohen, in an interview with Good Morning America, signaled he might flip on the president and assist special counsel Robert Mueller and federal prosecutors.
“My wife, my daughter and my son have my first loyalty and always will. I put family and country first,” Cohen said in the interview.