EL PASO, Tx., June 1, 2026: We now have more information to a story we have been following for you since September. Community activist Max Grossman, who was arrested on family violence charges in September, sued his accuser, Gabriela Marcelo, in November accusing her of “breach of contract, unjust enrichment, and civil theft” in small claims court. The criminal charges against Grossman were dismissed in December.
According to the lawsuit filed by Grossman, Marcelo failed to pay for her part of the living expenses they had agreed to when she moved into Grossman’s home in 2023. Grossman also accused Marcelo of stealing four “vintage fiberglass chairs valued at $1,495.00” when she abandoned the household on September 3, 2025.
In the lawsuit, Grossman accuses Marcelo of lying about being demoted at her job, leading Grossman to pay $2,709.80 in expenses that Marcelo had agreed to pay when she moved in. Additionally, Grossman accused Marcelo of misusing the credit card Grossman provided her for expenses while they were together by charging $8,208.39 on it and refusing to pay the balance. Marcelo had agreed to pay for the credit card charges she made on it when she accepted Grossman’s credit card.
In total, Grossman accused Marcelo of owing him $13,440.34, including expenses for the dog Marcelo abandoned when she left the home. Marcelo later recovered the dog from Grossman.
On May 20, Justice of the Peace for Precinct 7, Judge Humberto Enriquez, issued a judgement against Marcelo ordering her to pay Grossman $7,569.15. The amount includes $5,115.15 in damages, $2,400 in attorney fees and $54 in court costs.
Judgements issued in small claims courts can be appealed to a district court, but Marcelo must first file a bond to cover the judgement or prove that she is unable to pay for the bond should she choose to appeal the ruling.
Grossman has two additional court cases pending against Marcelo in court regarding custody of their child.
Grossman has also notified both Nicole Alderete-Ferrini and El Paso Matters of a potential lawsuit for an editorial published by Matters by Alderete-Ferrini accusing Grossman of having a history of violence towards women. No word yet on whether Grossman has filed a lawsuit against either.
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