Khodayari

Representing himself, appellant Bahman Khodayari sued Charles Mashbum, his former criminal defense attorney in victim restitution and related probation violation proceedings, for legal malpractice and several other claims. While represented by different counsel, appellant had been convicted of four counts of misdemeanor grand theft and three counts of misdemeanor insurance fraud, placed on summary probation, and ordered to pay restitution. In the postconviction proceedings in which respondent represented him, appellant was found in violation of probation for failing to cooperate with the financial evaluator in assessing his ability to pay restitution and for failing to pay restitution. In his instant civil suit against respondent, he alleged that respondent’s deficient representation caused him to be found in violation of probation. As a result, he was incarcerated longer than was necessary, and respondent, without appellant’s consent, induced appellant’s brother to pay restitution on appellant’s behalf, falsely representing that the payment would not be distributed to the victims pending appellant’s appeal from his criminal convictions. Appellant seeks damages for…