Mireskandari v. GallagherAnnotate this Case
Plaintiff-appellant Shahrokh Mireskandari alleged four causes of action against Joseph Scoma, M.D., based on the reports and opinions Scoma provided at the request of a disciplinary tribunal in London, England, as part of the tribunal’s formal proceedings involving Mireskandari, his legal practice, and his license to practice law in the United Kingdom. Mireskandari qualified as a solicitor in 2000, and by 2006 he was the managing partner of a London firm with mostly “black, minority, or ethnic origin” (BME) solicitors and staff. In 2007, Mireskandari publicly disclosed to a member of Parliament problems BME solicitors experienced “at the hands of the Legal Society of England and Wales (‘LSE’) and the Solicitors Regulatory Authority (‘SRA’).” In retaliation, the LSE/SRA began a campaign to discredit Mireskandari: the LSE/SRA hired a Los Angeles law firm; a paralegal working for the firm obtained Mireskandari's education records; and within two weeks of being advised of those records, LSE/SRA launched an investigation into his “educational and work background.” More than two years later, in early April 2011, the Solicitor’s Disciplinary Tribunal (SDT) “initiated the proceedings against [Mireskandari] regarding the intervention of [Mireskandari’s] legal practice and his license to practice law in the United Kingdom” (SDT proceedings). At that time, Mireskandari travelled to California. He became seriously ill and requested that the SDT proceedings be adjourned. In support of his request, Mireskandari submitted evidence from California physicians of his illness, his inability to travel to England, and his inability to participate in the SDT proceedings. In response, at the request of the LSE/SRA, the SDT appointed Scoma “as an independent expert (not the expert of the LSE/SRA),” who reported back to the LSE/SRA "I see no reason why he is unable to travel by plane from the USA to the UK.’ ” Based on the SDT proceedings, the SDT struck Mireskandari from the roll of solicitors, thereby preventing him from practicing law in the United Kingdom. This resulted in the permanent closing of the law firm of which he was a partner. Mireskandari suffered damages in excess of $500 million. The trial court sustained without leave to amend Scoma’s demurrer to the complaint and entered judgment in favor of Scoma and against Mireskandari. On the record presented by Mireskandari, the California Court of Appeal found California’s litigation privilege (codified at Civil Code section 47) barred each of Mireskandari’s causes of action. Thus, the Court affirmed the trial court's judgment.