Whalley v. Forest
Appellants complaint, filed in pro per, was for malicious prosecution, abuse of process, and intentional infliction of emotional distress. The basis of the instant lawsuit is that Scharf and Salvato encouraged attorney Nassirzadeh and his client Forest to maliciously file three lawsuits against appellant in order to intimidate and threaten appellant from pursuing enforcement of his judgment rights in the United States Bankruptcy Court.
Appellant alleged he secured a large Bankruptcy Court judgment against respondents in 1999 and, in an alleged effort to stymie collection of that judgment, respondents sued appellant three (or possibly four) times in state court. The instant complaint is appellants response to the three lawsuits, which he claims were all filed maliciously, without probable cause, terminated in his favor, and caused him serious emotional distress.
Respondents motion pursuant to Code of Civil Procedure section 425.16 argued that the instant lawsuit by appellant is a SLAPP suit. The trial court agreed and granted the motion. In addition to finding that appellants opposition to the motion was untimely filed and could be disregarded, precluding appellant from meeting his burden of showing a likelihood of prevailing on his claims, the court concluded the result would be the same even if it were considered.
Subsequently, the court awarded attorney fees to respondents. Appellant appealed separately from both the order striking his complaint and the award of attorney fees. The appeals have been consolidated.
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