W. Michael Kimes J. Colette Boykin v. Peter G. Stone, Judge, Superior Court Robert L. Mezzetti, II Henry Mariani Robert MacHado

OVERVIEW

W. Michael Kimes and J. Colette Boykin, brother and sister, (collectively “Kimes”) brought a claim in the United States District Court for the Northern District of California under 42 U.S.C. § 1983 against Santa Clara County Superior Court Judge Peter Stone (“Judge Stone”) and attorneys Robert L. Mezzetti, Henry Mariani, and Robert Macha-do (“the Attorney Defendants”). Kimes’ complaint alleged that Judge Stone and the Attorney Defendants conspired against Kimes in estate litigation in state court to “overturn” a jury verdict, thus depriving Kimes, without due process of law, of property he would have otherwise received from his father’s estate. The district court granted Judge Stone’s and the Attorney Defendants’ motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), relying on Cal.Civ.Code § 47(b), which immunizes parties involved in litigation from civil liability for communications made in the course of that litigation. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the dismissal in favor of Judge Stone and reverse the dismissal in favor of the Attorney Defendants.

FACTS

The following is based entirely on Kimes’ complaint and the exhibits attached…