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Date: 08-19-2024

Case Style:

Kerry Angelos, et al. v. Greg Schatzel, et al.

Case Number:

Judge: Patrick J. Miller

Court: Forth Judicial District Court, Ada County, Idaho

Plaintiff's Attorney:



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Defendant's Attorney: Thomas Schatzel

Description:


Boise, Idaho defamation personal injury lawyer represented the Plaintiff.



Kerry Angelos brought a defamation lawsuit against Greg and Susan Schatzel alleging that they created a website that published defamatory comments about Angelos from purported third-parties. However, during the course of the lawsuit, Angelos suffered financial setbacks and his interests in the action were auctioned at a sheriff's sale to satisfy a preexisting judgment held by a third party. Greg Schatzel was the highest bidder at the auction. After purchasing Angelos's interest in the defamation action, Schatzel substituted himself as party plaintiff and stipulated with the other defendants to dismiss the action with prejudice.

Outcome: For the reasons explained herein, we vacate and remand the decisions of the district court (1) granting Schatzel's motion to substitute, and (2) dismissing Angelos's case against the Schatzels and Pinedas with prejudice. Pursuant to MacLeod, Angelos's defamation claims are not assignable choses in action and, thus, not properly subject to execution as "other property" under Idaho Code section 11-201. Whether any of the remaining claims purchased by Schatzel at the sheriff's sale are properly assignable will be determined by the district court on remand.

Plaintiff's Experts:

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