Parisi v. Mazzaferro

Mazzaferro, a “vexatious litigant,” was replaced as trustee of a living trust. Mazzaferro’s son-in-law, Parisi, the conservator for the trust beneficiary, a dependent adult, alleged financial abuse and fraud by Mazzaferro. Parisi sought protection for himself and his wife and three adult children from a campaign of harassment by Mazzaferro, citing 21 litigation matters, all of which were resolved in Parisi‘s favor. Parisi noted Mazzaferro‘s harassment of Parisi‘s daughter at her workplace and by contacting her employer. Mazzaferro also wrote letters accusing Parisi of criminal activity and attempting to have Parisi, a probation officer, fired. Mazzaferro admitted writing the letters at issue, but insisted their contents were true, and denied that the incidents involving his granddaughter occurred. The judge made credibility findings, telling Mazzaferro, “I do not believe you,” and issued the requested restraining order. In the meantime, in separate proceedings, Mazzaferro unsuccessfully sought an elder abuse restraining order against Parisi; Mazzaferro was ordered to pay Parisi‘s attorney fees. Mazzaferro‘s application for permission, as a vexatious litigant, to appeal the restraining order was granted on July 24, 2015.9. Rejecting challenges to the sufficiency of the evidence and allegations of prior restraint, the court of appeal remanded to the trial court for a more precise definition of the prohibited conduct. View "Parisi v. Mazzaferro" on Justia Law