In Re Leonard Appell, Debtor. Leonard Appell v. Esther Lessary

19 F.3d 25 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Leonard APPELL, Debtor. Leonard APPELL, Appellant, v. Esther LESSARY, Appellee. No. 92-16012. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. * Decided Feb. 25, 1994. Before: POOLE, WIGGINS, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** FACTS AND PRIOR PROCEEDINGS 2 Esther Lessary appeared as a witness for the prosecution in a criminal case in which Leonard Appell was the defense attorney. At some point during the criminal proceeding, Appell for his client filed a civil suit in state court against Lessary. Appell also sent a letter to Lessary's employer which Lessary has alleged was defamatory. 3 Lessary later filed a third-party complaint against Appell in the civil action, alleging intentional infliction of emotional distress, defamation, malicious prosecution, abuse of process, and deceptive practices in violation of Appell's professional responsibilities. The suit…