Scholz v. Epstein, 341 Conn. 1 (2021)

Citation: Scholz v. Epstein, 341 Conn. 1 (2021)
Parent Document: Scholz v. Epstein, 341 Conn. 1 (2021)
Jurisdiction: Connecticut (state)
Effective Date: 2021-09-29
Original Source: https://www.courtlistener.com/opinion/6244827/scholz-v-epstein/ ↗

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methods of taking property from its owner, including
         when a person obtains property by false pretenses.8
            Contrary to the plaintiff’s assertion, his statutory theft
         claim, like a defamation claim, is premised on the com-
         munication of false statements. Although § 52-564 does
         not specifically mention communications, we must con-
         sider not only the elements of the cause of action but
         also whether the complaint contains ‘‘allegations that
         a party suffered harm because of a falsehood communi-
         cated by the opponent’s attorney . . . .’’ Simms v. Sea-
         man, supra, 308 Conn. 548; see also Bruno v. Travelers
         Cos., 172 Conn. App. 717, 727, 161 A.3d 630 (2017). The
         allegations in the plaintiff’s complaint make clear that
         he is claiming that the defendant stole his property by
         making various false communications and misrepresen-
         tations to the trial court. In other words, the plaintiff’s
         complaint plainly alleges that the defendant fraudu-
         lently took his property by false pretenses, which con-
         stitutes statutory theft under our case law interpreting
         § 52-564. See, e.g., Stuart v. Stuart, supra, 297 Conn.
         41 and n.10.
            This court consistently has held that communications
         are afforded immunity if they are ‘‘uttered or published
         in the course of judicial proceedings’’ and are ‘‘in some
         way pertinent to the subject of the controversy.’’9 (Inter-
         nal quotation marks omitted.) Hopkins v. O’Connor,
         supra, 282 Conn. 830–31. For example, ‘‘[t]he privilege
         extends to pleadings and other papers made a part of
            8
              General Statutes § 53a-119 provides in relevant part that ‘‘[a] person
         commits larceny when, with intent to deprive another of property or to
         appropriate the same to himself or a third person, he wrongfully takes,
         obtains or withholds such property from an owner. Larceny includes, but
         is not limited to . . . (2) Obtaining property by false pretenses. A person
         obtains property by false pretenses when, by any false token, pretense or
         device, he obtains from another any property, with intent to defraud him
         or any other person. . . .’’
            9
              The plaintiff’s claim that not all of the alleged conduct occurred in the
         course of the foreclosure proceeding is addressed in part III of this opinion.
Page 50                    CONNECTICUT LAW JOURNAL                January 25, 2022

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