Fraud on the Court and Malicious Litigation

Fraud on the Court and Malicious Litigation:

The Plaintiffs, Gary and Donna Johanson, and their counsel, Bryan Eastin, filed this litigation in bad faith from the outset.

The intended purpose was to conceal the unlawful behavior and the legal advice given by Bryan Eastin to the Johansons regarding their deceased brother, Verne Johanson, and their vulnerable sister-in-law, Joyce Johanson, in respect to their irrevocable family asset trust.

This unlawful legal advice resulted in a criminal investigation against Gary T. Johanson for financial exploitation of a vulnerable adult.

Bad Legal Advice and Trust Exploitation:

Prior to representing Gary T. Johanson in the trust matter, Brian Eastin determined Gary T. Johanson was competent in May 2016. Brian Eastin made false statements to this court at trial throughout the testimony as to Gary T. Johanson being a vulnerable adult, which he was not.

Brian Eastin directed Gary T. Johanson to take money from Joyce Johanson’s personal bank account and Gary’s deceased brother Verne’s personal bank account and place the money in the trust bank account.

On July 6, 2016, Gary Johanson withdrew $31,383.01 from his vulnerable sister-in-law’s account and $46,500 from his deceased brother’s account.

Gary then cashed the cashier’s checks on July 12, 2016, depositing the funds into the trust account and immediately withdrawing them, leaving the trust account with a zero balance.

The Johansons embezzled $97,883.01 from their brother and sister-in-law’s trust.

This was at the direction of Bryan Eastin.

Conflict of Interest and Successive Representation:

Brian Eastin has committed fraud upon the court by making materially false statements in regard to conflict of interest and successive representation.

The Casavellis filed a “notice of Bryan Eastin’s and plaintiff’s admission of conflict of interest” on April 10, 2023.

Brian Eastin made false representations to the court stating there is no conflict of interest.

However, the engagement letter authored by Brian Eastin depicts Nick Casavelli as the agent for Garpdon LLC.

Brian Eastin knew Nick Casavelli was a member and managing agent for Garpdon LLC from the outset of the representation.

The letter states: “Nick Casavelli, agent for Gary T Johanson and Donna Johanson members of Garpdon LLC” and “Nick Casavelli agent for Garpdon LLC” where the client is to sign.

Brian Eastin and Donna Johanson made
materially false statements to the court during trial by stating Nicholas Casavelli is not a member of Garpdon LLC or a managing agent. This is fraud upon the court committed to obtain a favorable judgment against the Casavellis under false pretenses.

Fraudulent Litigation of Precluded Claims:

Bryan Eastin made materially false statements knowing he lost partial summary judgment for the plaintiffs.

Judge Cohen did not rule in plaintiff’s favor!

The Johansons did not appeal the loss of summary judgment regarding the quiet title and equitable mortgage claims, and Judge Cohen’s decision stands.

Bryan Eastin committed Fraud on the court by making Materially False Statements to the court to put the claims to a bench trial without a waiver or consent of all parties.

Brian Eastin failed to state to Judge Lisa Daniel Flores he had lost partial summary judgment when he asked Judge Flores to extend dispositive motion deadlines.

He made bald-faced lies to Judge Sally Duncan regarding quiet title and made materially false statements to Judge John Blanchard by stating Judge Cohen said there was material issues at dispute.

Procedural Violations and Commissioner Authority:

A commissioner was assigned to this litigation without the parties’ waiver or consent.

Rule 96 explicitly requires the consent or waiver of both parties for a commissioner to preside over a civil trial.

The commissioner presiding without proper consent or waiver is considered to be acting without jurisdiction.

The Casavellis did not give consent or waiver to move any claims to a bench trial.

The court, Judge John Blanchard let plaintiffs put claims before the bench without the Casavellis’ consent or waiver, which is
fraud upon the court due to Bryan Eastin lying to Judge John Blanchard.

Trial Misconduct in the Casavellis’ Absence:

During the Casavellis’ absence due to a medical emergency, the court committed the following actions:

The court established foundational evidence for plaintiffs exhibits.

The court allowed forged documents to be submitted as evidence.

The court allowed court staff in the jury deliberation room.

The court, Commissioner Mulleneaux directed the jury prior to deliberation to find the Casavellis guilty.

The court read plaintiffs jury verdict form to the jury prior to deliberation.

The court lost the original jury verdict form, then filed a blank jury verdict form.

Additionally, Brian Eastin and the Johansons have made materially false statements to the court regarding the use of
forged documents.

Brian Eastin exhibited an altered power of attorney at trial, Plaintiff’s Exhibit #26, which was unsigned by Nick Casavelli in its original form.

Brian Eastin utilized altered documentation and knowingly and willingly made the false statement to the court that the Casavellis acted under a power of attorney when no alleged acts were committed under that status.

Other Violations:

Brian Eastin directly instructed the jury to specifically disregard all of the Casavellis testimony and evidence during closing statement, which opposing counsel cannot do ethically.

He also submitted evidence and exhibits during closing argument, which is not allowed by the Arizona rules and laws.

Brian Eastin admitted to Nick Casavelli to bribing a Superior Court judge and stating, “it does, it does plenty.”

The court refusing to take any action against Brian Eastin does not mean Brian Eastin and his clients did not commit fraud on the court; by the court taking no action, it is
proving fraud on the court.