Tran
Tran v. Rogers CA4/1
Opinion
Opinion
INTRODUCTION
This is Neil Tran's fourth appeal in a series of lawsuits stemming from statements
Tran made about Lieu Minh Quang1 in Tran's publication, Nang Moi, in 2002.2 In this
case, Tran sued Quang, Michael Rogers (Quang's former attorney), Doan Dung, Nguoi
Viet Today News, and Tri T. Nguyen, M.D. for allegedly conspiring to continue the trial
in Tran's case against Quang by falsely representing that Quang was ill and to prevent
Tran from presenting his case at trial. Tran appeals a judgment dismissing Rogers, Nguoi
Viet Today News, and Dung (collectively Respondents) after the court sustained their
demurrer to his first amended complaint (FAC) without leave to amend. The trial court
sustained the demurrer on three grounds: (1) the conduct alleged is absolutely privileged
under Civil Code3 section 47, subdivision (b); (2) the FAC is an improper collateral
attack on a previous judgment; and (3) the FAC fails to allege a conspiracy claim.
Quang was sued in this case, and is sometimes referred to, as Quang Minh Lieu. Respondents inform us this is based on linguistic differences between English and Vietnamese regarding placement of the…