Ascarie v. Lafayette CA6
In state court, plaintiff Mahmoud Ascarie filed in propria persona a complaint against Gary Lafayette, an individual, Lafayette & Kumagai, LLP, MJR Electric, and Michael Rauschnot. Lafayette, an attorney and a partner in the law firm of Lafayette and Kumagai, had represented Nationwide Mutual Insurance (Nationwide) against an insurance bad faith lawsuit filed by plaintiff in federal court. The complaint in this case alleged fraud and conspiracy to commit fraud against all defendants (first cause of action) and breach of fiduciary duty against defendants Lafayette and Lafayette and Kumagai, LLP, (together, the Lafayette defendants) (second cause of action) arising from Lafayette’s false promises and representations to plaintiff allegedly made to obtain dismissal of the federal lawsuit. The Lafayette defendants brought a motion to strike (an anti-SLAPP motion) pursuant to Code of Civil Procedure section 425.16, which the trial court granted. Plaintiff appeals in propria persona f
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