Thomas Bibiyan Receives Favorable Ruling In Second District Court Of Appeal Regarding Frivolous Case By Ramon Toledo
The California Appellate Court determined on May 4th 2011 that the ongoing civil case
involving Ramon Toledo and Thomas Bibiyan had been based on both what it has determined
to be frivolous litigation and malicious use of process.
In law, frivolous litigation is the practice of starting or carrying on law suits that, due
to their lack of legal merit, have little to no chance of being won. The Court determined that Plaintiffs counsel did not undergo proper due diligence prior to initiating a claim against Mr.
Bibiyan, and therefore laid the groundwork for this favorable judgment to be brought.
Mr. Bibiyan filed a counter-claim and appeal against Ramon Toledo (also known as Ramon Alberto
Toledo and Ramon Toledo Arnaiz) in September 2010 for slander, defamation, and
malicious prosecution. The court has since determined that Case No. 07cv0695
BEN (BLM) had been issued and served based not on any tangible facts or
evidence, but rather on Plaintiffs misinformation from their own counsel
including further untenable and unsubstantiated grounds. The Courts awarded Mr.
Bibiyan $19,165,830 for damages done to his previously impeccable reputation by
Ramon Toledos persistent misuse of the California Courts, in addition to dissemination
of wholly false and defamatory press releases through national newswires.
Malicious prosecution is a common law intentional tort, while like
the tort of abuse of process, its elements include (1) intentionally (and
maliciously) instituting and pursuing (or causing to be instituted or pursued)
a legal action that is (2) brought without probable cause and (3)
dismissed in favor of the victim of the malicious prosecution.
Receiving news of the Court's judgment Robert Matthews - counsel
on record for Mr. Bibiyan - issued the following statement:
We are proud to be announcing this judgment on behalf of
both my law firm, and my client Mr. Thomas Bibiyan. Without question, Ramon Toledos
constant misuse of California Courts has finally come to a close. The message
and precedent this serves is significant, in that it suggests to all others
that wish to abuse the court system that justice will eventually be done and
the truth shall prevail, regardless of how long it may take. Shareholders now
more than ever have the absolute moral and legal right to hold Ramon Toledo personally
responsible for the losses incurred due to his disregard for fiduciary duty and
fraudulent as well as misleading press releases.
About Thomas Bibiyan
Thomas Bibiyan -- all of 28 years of age -- is a known
philanthropist and executive producer, having donated hundreds of thousands of
dollars in aggregate to the arts and charitable foundations across the
country(including the Red Cross and Chabad of California & New York,
which remain his favorite causes).