Simonian

The trial court sustained a demurrer without leave to amend and dismissed the complaint as to one defendant (Thomas J. Patterson) and sanctioned plaintiff (Mark S. Simonian) and his attorney (Gordon J. Zuiderweg) $2,500 for their frivolous tactics taken solely to harass Mr. Patterson. (Code Civ. Proc., § 128.5.) Both plaintiff and his attorney have appealed.

This litigation concerns plaintiff’s no-holds-barred attempt to retrieve a diamond engagement ring and other personal property from his ex-fianceé, Barbara Patterson. In a misguided abuse of the legal system allegedly to disgorge these items, plaintiff, a lawyer, sued Ms. Patterson’s father on various contract and tort theories, all of which are utterly frivolous and clearly not actionable as a matter of law.

Failing to persuade the trial court of his complaint’s merit, plaintiff appealed from both the dismissal and the sanctions orders. Plaintiff claimed a valid conversion action exists against Mr. Patterson for helping his daughter move record albums and Christmas decorations from her old apartment which she shared with plaintiff to her new apartment. By plaintiff’s admission at oral argument on appeal, the albums…