The 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 Plaintiff’s 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 Toledo’s 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 Toledo’s 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.“