A federal judge tossed out adult-film star Stormy Daniel‘s lawsuit against President Donald Trump over a non-disparagement agreement about their alleged affair.

Daniels originally filed the lawsuit so she could be released from the NDA that threatened to penalize her. According to the arrangement, she received $130,000 in hush money payments through Trump’s former personal lawyer, Michael Cohen, but she would have to pay $1 million every time she spoke out.

U.S. District Court Judge S. James Otero, tossed out the case because Daniels had not been held to the terms of the agreement.

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Daniels’ attorney, Michael Avenatti said, “The court found that Ms. Daniels received everything she asked for by way of the lawsuit – she won.”

Otero sent the case back to Los Angeles Superior Court, where it was initially filed. While it doesn’t mean litigation will continue there, Daniels may be entitled to legal fees.

Avenatti said they would seek legal fees in the case, but Otero won’t be the judge that decides that case.