Convicted Criminal Seeks to Compel Receiver to Protect his Assets
Post number 5291
See the video at https://rumble.com/v760vpk-anti-slapp-motion-succeeds.html and at https://youtu.be/ZwMFKDHek-c
The Work of a Court Appointed Receiver is Constitutionally Protected
In Simon Semaan et al. v. Robert P. Mosier et al., G064385, California Court of Appeals, Fourth District, Third Division (February 6, 2026) the Court of Appeals applied the California anti-SLAPP statute which protects defendants from meritless lawsuits arising from constitutionally protected activities, including those performed in official capacities. The court also considered the doctrine of quasi-judicial immunity, which shields court-appointed receivers from liability for discretionary acts performed within their official duties.
Facts
In September 2021, the State of California filed felony charges against Simon Semaan, alleging violations of Insurance Code section 11760(a) for making knowingly false or fraudulent statements affecting premium rates. The State also sought a temporary restraining order to preserve assets under Penal Code section 186.11, resulting in the freezing of accounts and the appointment of Robert P. Mosier as receiver. Certain TDAmeritrade accounts were excluded from the restraining order.
On December 7, 2021, the court ordered Mosier to liquidate all stock holdings into cash and retain the funds in the accounts pending further court order. By January 25, 2022, Mosier had not complied, and he filed a second petition for instructions regarding the liquidation of investment accounts.
Law
Plaintiffs appealed the trial court’s grant of defendants’ special motion to strike under California’s anti-SLAPP statute, Code of Civil Procedure section 425.16.
Discussion and Analysis
The appellate court affirmed the trial court’s decision, holding that Mosier, as a court-appointed receiver, was protected by quasi-judicial immunity for discretionary acts and decisions. Plaintiffs’ claims arose from Mosier’s actions made in his capacity as receiver, specifically his decision-making regarding the liquidation of investment accounts. The court found that these acts constituted constitutionally protected activity under section 425.16(e)(4).
Anti-SLAPP motions are resolved through a two-step analysis. At the first step, the defendant bears the burden of showing the challenged allegations or claims arise out of activity protected under section 425.16. If the defendant meets this burden, then, at the second step, the burden shifts to the plaintiff to demonstrate the claims have at least minimal merit by making a prima facie factual showing sufficient to sustain a favorable judgment.
Plaintiffs failed to demonstrate that their claims had the minimal merit required to survive an anti-SLAPP motion, and they forfeited any argument to the contrary. Thus, the court concluded that the receiver’s immunity and the anti-SLAPP protections barred Plaintiffs’ claims.
CONCLUSION
A court-appointed receiver is protected by quasi-judicial immunity for the receiver’s discretionary acts and decisions. Because Plaintiffs’ claims arise out of Mosier’s discretionary decisions made in his capacity as court-appointed receiver, Plaintiffs did not meet their burden of proving their claims have the minimal merit necessary to survive an anti-SLAPP motion. As an antecedent to that holding, the Court of Appeals concluded Plaintiffs’ claims against Defendants arose out of constitutionally protected activity under section 425.16(e)(4), and Plaintiffs have forfeited any argument to the contrary.
ZALMA OPINION
Convicted criminals have no morals, no honor and do everything possible to maintain the product of their crimes and keep their ill-gotten-gains. The gall to sue a court appointed receiver who was appointed to make it possible for the criminal to pay the restitution ordered by the court. His attempt failed.
(c) 2026 Barry Zalma & ClaimSchool, Inc.
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