Tran

Tran v. Rogers CA4/1

Good Law
Court of Appeal of CaliforniaSeptember 28, 2015D066364California1,835 words

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…

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