Filed 2/28/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT MARK GERAGOS et al., B310636 Cross-complainants and (Los Angeles County Appellants, Super. Ct. No. 19STCV40558) v. ARMEN ABELYAN et al., Cross-defendants and Respondents. APPEAL from an order of the Superior Court of Los Angeles County, Barbara M. Scheper, Judge. Affirmed. Dhillon Law Group, Krista L. Baughman and Harmeet K. Dhillon for Cross-complainants and Appellants. Affeld Grivakes, Damion D. D. Robinson; Law Offices of Elliott N. Tiomkin and Elliott N. Tiomkin for Cross-defendants and Respondents. _________________________ INTRODUCTION With new counsel, a client sues his former attorneys, alleging they accepted $27,500 in fees from him but did not perform the promised legal services. New counsel engages in communications via email and telephone with the former attorneys’ representative and discusses the possible filing of a State Bar claim. The former attorneys file a cross-complaint against the client and his new counsel for extortion, among other claims. The client and his new counsel file an anti-SLAPP motion, which the trial court grants. We affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Events Leading to Filing of Civil Complaint From 2007 to 2011, Armen Abelyan (Abelyan) was a revenue agent with the IRS. In September 2011, he began training as a special agent. Prior to receiving his formal commission as a special agent, Abelyan received a traffic ticket and tried to use his status as a special agent “to get out of the ticket” both at the time of citation and during his traffic court appearance. In 2014, Abelyan was charged with perjury and attempted impersonation of a public officer in Los Angeles Superior Court case No. BA430254-01, People v. Abelyan. The prosecution argued Abelyan “lied about being a Special Agent and falsely impersonated a public officer in trying to get out of the ticket.” Initially, Abelyan represented himself in the case, but realized he needed a lawyer for trial. 2 On November 19, 2015, Abelyan paid $2,500 for a consultation with Setara Qassim (Qassim) and Mark Geragos (Geragos) of the firm Geragos & Geragos (Geragos Firm). The consult lasted less than 15 minutes. They “agreed to take [the] case and requested an additional $25,000.” That same day, Abelyan paid and signed a retainer agreement, which included the following relevant provisions: “This letter will serve as confirmation that the [Geragos Firm] will represent you related to the matter pending against you in Clara Shortridge Foltz Criminal Justice Center, Department 114.” “You retain and employ our firm to represent you in the matter referenced above. Our firm shall charge you a flat fee of $25,000.00 for investigation only. If you wish that our firm be substituted in as counsel of record, a new retainer agreement will need to be negotiated.” “Said FEE is a FLAT FEE which covers not only the legal services to be rendered but also secures the FIRM’S representation and reputation to assist you with this matter. A FLAT FEE is not based upon actual …
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