Basically, this cousin of my ex-wife and his EVIL witch wife, lived with my ex-wife in her house for 14 months, as they had come from Cuba the year before and were now being evicted. While living there my wife bought them a used car for $14,000 so they could commute to work and at one point, as they needed to make a trip to Cuba, I lent them 2,000.

While living with my ex-wife, she took care of their 11-year-old daughter while they were at work. Since I hung out at my ex-wife's place (we're still friends) I would spend time with the kid, teaching her English, helping with the homework... Because the poor kid had no life, (the only friend she had was her cell phone), my ex and I would take her out to various outings, youth fair, haunted house, santa's enchanted forest, the malls, and we would also buy her stuff, (like clothing, sneakers, backpack for school...)

She loved us for making her life more enjoyable and making her feel like she was part of a family; our family. That became a problem however, as her parents became very jealous, that the kid showed us more love than them. Understandably, as they ignored and neglected her. Nevertheless, they started acting vengeful, and malicious towards us.

When they came back from Cuba still owing me $2500 and my ex, around 10,000, they accused me of trying to kiss their little girl. They called me a pedophile & treated me as such. Eventually they moved out and did not pay their debts to us. One day I posted a note on their door threatening to take them to court. On that same day, in the afternoon, they file an injunction for Protection against Sexual violence on a minor.. There were 12 accusations against me, and 5 against my wife. Things like: I touched the kid inappropriately, I sent her nude pictures on her phone, I forced her to watch pornography... However, all of those allegations were fabricated, some were totally irrelevant.

After a year of back & forth in court & zoon session, they dropped the charges under an NDA, that my then lawyer drafted. The agreement only stipulated that: 1) we would not contact the child. Although, we had not contacted her as we were blocked on her phone. 2) I would not post photos of the child (photos of us at different outings) on 5 specific social media websites. I had removed all photos from my Facebook account when the injunction started. In essence, the agreement did not offer them anything that they did not already have. They informed the judge that an agreement had been reached, they dropped all charges and the injunction was dismissed and vacated without prejudice.

Just short of a year later, I filed a Malicious Prosecution lawsuit agains them for the $14,000 in legal fees we incurred to defend their malicious injunction. They in turn found a lawyer that got it dismissed on the claim that my termination was not a bona fide termination in my favor. I still argue that point. Nothing had changed from the year prior; we were not contacting the child (our phones are blocked; we are not able to) or posting photos of the child.

The judge gave me 15 days to amend and resubmit my complaint. A lawyer who frequents Avvo, contacted me claiming that he could help. I retained him and forwarded all the facts and documentation. He resubmitted the amended complaint that he amended. In response, the opposing atty, filed a 16 page motion to strike the complaint. My atty, then filed and equally long response to dismiss his motion arguing that the termination was bona fide. When we finally went to the final hearing, the judge granted the defendant his motion to strike the complaint with prejudice.

Her decision was based only on the fact that the was an agreement, regardless how insignificant the conditions were, and without any considerations of the underlying injuntions that were filed fraudulently. I plan on appealing. The big question is: Can this NDA really render the termination not in my favor? Other cases have had similar NDA's that did not negate the bona fide nature of the termination. How can I prove the validity of my claim?

See the agreement here

His original demands in the agreement were:
1) I would forfeit the $2000.00 loan balance owed.
2) I would agree to remove "The Family Fron Hell" story or any part thereof from my website.
    (a very demeaning story about him & his family)
3) I would refrain from publishing photo of Yoly on Social Media sites.
4) I could not communicate with little Yoly.


I had my lawyer revise the agreement to terms that I would accept. (there was no bargaining)
My terms:
1) I would NOT forfeit the loan balance owed.
2) I would NOT agree to remove "The Family Fron Hell" story or any part thereof from my website.
3) I would refrain from publishing photo of Yoly on only five Social Media sites that I chose.
4) I could communicate freely with little Yoly if she contacted me.
5) The agreement would expire on little Yoly's 18th birthday.


See the dismissal here



In the judge's dismissal memo the judge stated on her own, (as when I was listening to the judge's disclaimer, ther was no mention of an exchage) that the case had been dismissed in "Exchage" of the agreement. From that, defense emphasizes that the case was dismissed only as an exchage for signing the NDA. It was not. In fact I told my lawyer what to include & exclude from the NDA that he drafted.


See the dismissal memo here