225 Conn.App. 415
Conn. App. Ct.2024Background
- The plaintiff, Sadiq Marafi, and the defendant, Hind El Achchabi, had a romantic relationship; defendant married other men during the relationship and twice told Marafi he was the father of her children, S and N.
- DNA tests, concealed from Marafi until after his divorce from the defendant, revealed others (A and B) were the children’s biological fathers; defendant admitted knowledge of this from the time of her pregnancies.
- Based on defendant’s representations that he was the biological father of the children, Marafi transferred over $187 million to Achchabi between 2007 and 2015.
- Marafi sued for fraudulent misrepresentation, statutory theft, and unjust enrichment; defendant did not respond to the complaint or contest the summary judgment motion.
- Trial court granted summary judgment for Marafi, awarding over $500 million in damages; Achchabi appealed.
Issues
| Issue | Marafi's Argument | Achchabi's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper on fraud, statutory theft, & unjust enrichment | Defendant knowingly made false representations inducing transfers | Defendant claimed issues of fact precluded liability | Summary judgment was proper; no genuine issue of material fact |
| Whether § 52-572f barring actions for "criminal conversation" bars Marafi's claims | Claims are rooted in fraud and misrepresentation—not adultery | Actions are barred because they stem from adultery/criminal conversation | Claims not barred; statute does not apply to fraud-based actions |
| Whether the trial court committed plain error by not sua sponte applying § 52-572f | Not plain error as claims are not for criminal conversation | Court should have raised statute on its own and dismissed claims | No plain error; not obvious or indisputable application |
| Whether the evidence supported damages and causation | Transfers were induced solely by misrepresentation about paternity | Defendant did not respond substantively, only later raised causation post-judgment | Evidence sufficed; damages and causation established |
Key Cases Cited
- Martinelli v. Fusi, 290 Conn. 347 (summary judgment rules; view evidence in light most favorable to non-movant)
- Kramer v. Petisi, 285 Conn. 674 (fraudulent misrepresentation elements)
- Scholz v. Epstein, 341 Conn. 1 (statutory theft defined; elements for larceny by false pretenses)
- Gagne v. Vaccaro, 255 Conn. 390 (standard for unjust enrichment claims)
- Piccininni v. Hajus, 180 Conn. 369 (statutory bars to heart balm actions do not preclude fraud- and restitution-based claims)