Madison v. Sanli Pastore & Hill, Inc. CA2/5
Plaintiffs and respondents Kyle Madison and Marjan Madison (the Madisons) believed two professional advisers—an attorney, Daniel Spielfogel (Spielfogel), and consultants retained to provide expert witness services, defendants and appellants Sanli Pastore & Hill, Inc. (SPH) and Thomas E. Pastore (collectively, Pastore)—took money that was rightfully theirs. The Madisons sued the advisers for conversion, alleging they accepted payment from a person and entity Kyle Madison had sued for fraudulently taking their money. Spielfogel and Pastore brought Code of Civil Procedure section 425.16 special motions to strike the conversion claims against them, which the trial court denied. We recently affirmed the trial court’s decision with respect to Spielfogel (Madison v. Spielfogel (July 20, 2018, B280588) [nonpub. opn.] (Madison I)), and we now consider whether there is any basis for reaching a different conclusion with respect to Pastore.
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