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Torts
False Imprisonment

Tahmineh Yasini v. Ali Haji Ghaffari

Published: Nov. 25, 2022 | Result Date: Sep. 6, 2022 | Filing Date: Jan. 14, 2019 |

Case number: CV-2019-95 Settlement –  $90,000

Judge

Samuel McAdam

Court

Yolo County Superior Court


Attorneys

Plaintiff

Paul Nicholas Boylan
(Law Office of Paul Nicholas Boylan)


Defendant

Farbood Majd
(Law Offices of Majd & Associates)

Michael A. Schaps
(The Schaps Law Office APC)

Luke A. Foster


Facts

On Dec. 1, 1988, plaintiff Tammy Yasini and defendant Ali Haji Ghaffari were married in Iran. They emigrated to California. On Sept. 7, 2007, the Yolo County Superior Court granted plaintiff's petition for marital dissolution. On Sept. 2, 2018, Plaintiff traveled to Iran to attend her niece's wedding. Plaintiff alleged that on arrival, her passport was confiscated because defendant asserted his status as plaintiff's husband before her arrival, and instructed the Iranian government to prevent plaintiff from leaving Iran.

Upon obtaining temporary permission to leave Iran, Plaintiff returned to California and filed a complaint against defendant, alleging false imprisonment. Plaintiff obtained an Iranian divorce.

Defendant filed a cross-complaint seeking $500,000 claiming emotional distress due to misrepresentations plaintiff's Iranian attorney made during the Iranian divorce process. Plaintiff filed an anti-SLAPP special motion to strike, arguing that plaintiff's speech in Iran was sufficiently connected to her California false imprisonment lawsuit to warrant dismissal per Code of Civil Procedure § 425.16. Plaintiff's special motion to strike was granted and the court awarded attorney's fees and costs totaling $59,000. Defendant appealed, but the parties agreed to settle before the culmination of the appeal.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant wrongfully asserted his status as plaintiff's husband and caused her to be indefinitely detained in Iran.

DEFENDANT'S CONTENTIONS: Defendant denied taking any action to detain plaintiff in Iran. Defandant contended that plaintiff filed several pages (in Farsi) of undated, unsigned, mistranslated and self-serving material with the court. Defendant filed a summary judgment motion with the court challenging plaintiff's allegations and requested to take plaintiff's deposition.

Damages

Loss of income; attorney fees/costs associated with obtaining permission to temporarily leave Iran; fees/costs associated with obtaining an Iranian divorce; emotional distress; medical expenses for treatment for emotional distress

Result

The case settled for plaintiff's dismissal of lawsuit, defendant's dismissal of appeal; and plaintiff to receive $90,000.


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