Boisvert

BACKGROUND

In 2008, Donald De Gutz sued Boisvert in a prior action regarding a real estate transaction (prior action). We extensively recounted the events of this prior action in an unpublished opinion, De Gutz v. Boisvert, Case No. A126839, issued on January 28,

1 2013.1 We will not repeat them at great length here. After a bench trial, the trial court in the prior action issued a judgment in favor of De Gutz on his breach of contract, breach of fiduciary duty and fraud claims, and awarded him $161,732.56. This total amount included $37,355.00 for De Gutz’s increased tax liability for 2008 and $91,587.00 for his increased tax liability for 2009. Boisvert appealed the judgment to this court. In February 2011, while Boisvert’s appeal was pending, Boisvert, acting in propria persona, sued De Gutz; De Gutz’s attorney in the prior action, Andrew Cohn; and an expert witness in the prior action regarding De Gutz’s increased tax liability, Zachary Epstein. This is the present action. In his initial complaint, Boisvert made damages claims for abuse of process (against De Gutz and Cohn only), violation of RICO, fraud and perjury. Underlying all of his claims was Boisvert’s allegation…