NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1411-18T2 XCALIBUR COLLECTIONS, LLC and ANDREA LOIACONO, Plaintiffs-Appellants, v. ANDREW J. KARCICH, Defendant-Respondent. ____________________________ Argued telephonically May 4, 2020 – Decided June 9, 2020 Before Judges Fasciale and Moynihan. On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Docket No. L-1632-15. Mark J. Molz argued the cause for appellants. Fardene Emmanuela Blanchard argued the cause for respondent (Lynch & Karcich LLC, attorneys; Fardene Emmanuela Blanchard, on the brief). PER CURIAM Plaintiff Andrea Loiacono appeals from an October 19, 2018 order awarding $5653.62 in sanctions against plaintiffs and their counsel, Mark J. Molz, Esq., in favor of defendant Andrew Karcich. On October 19, 2019, the judge provided extensive oral reasons for her rulings and the sanctions. We affirm. Karcich represented J.P. and V.P. in a small-claims lawsuit filed by plaintiffs (the underlying suit). On March 6, 2015, Karcich filed a counterclaim on behalf of J.P. and V.P., alleging breach of contract, violation of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, conversion, fraud, and the right of replevin. The counterclaim sought reimbursement for items plaintiffs sold on eBay and the return of items that J.P. and V.P. delivered to plaintiffs but never sold. The counterclaim in the underlying suit also sought compensatory damages, interest, attorney's fees, and costs of suit. Because the counterclaim exceeded the monetary limit of the small-claims court, the judge transferred the underlying suit to the special civil part. While the underlying lawsuit was pending, plaintiffs filed this Law Division complaint against J.P., V.P., and Karcich, alleging Karcich wrote two letters to eBay that defamed plaintiffs. The underlying lawsuit settled, but this case remained. A-1411-18T2 2 Karcich removed himself as counsel for J.P. and V.P. after being named as a defendant in this suit, signing a substitution of attorney. On September 17, 2015, plaintiffs filed a second amended complaint, which Karcich sought to dismiss, arguing that plaintiffs failed to state a claim upon which relief could be granted, R. 4:6-2(e), because even if the statements in the letters to eBay were defamatory, he was protected from liability under the litigation privilege. On May 26, 2016, the motion judge granted Karcich's motion to dismiss, finding the litigation privilege protected Karcich. Karcich filed a motion for attorney's fees and costs on June 15, 2016, which plaintiffs opposed. One day later, plaintiffs appealed the judge's order dismissing their complaint. Karcich filed a motion with us, seeking to dismiss plaintiffs' appeal or remand the matter for the motion judge to determine Karcich's motion for sanctions, but we denied his motion. We then concluded that the litigation privilege applied and affirmed. Xcalibur Collections, LLC v. Karcich (Karcich ...
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