With a defamation trial date scheduled later this year, a Fresno Assemblymember has swapped her legal team.

Court documents show that Esmeralda Soria replaced her Sacramento-based attorneys with Fresno attorney David Emerzian of McCormick Barstow to defend a defamation suit filed by Fresno City Councilmember Mike Karbassi.

Emerzian filed the substitution of attorney form with the court on May 21. He replaces Port Parker and Jeffrey Einsohn from the Parker Taylor Law Group in Sacramento. Emerzian also represents Soria’s husband, developer and philanthropist Terance Frazier, on unrelated legal matters.

There was no official reason given, and Soria did not immediately respond to a request for comment.

The case is headed for a Dec. 1 jury trial. Because both are public figures, Karbassi would have to prove malice — that Soria knowingly lied about him in the flyer with reckless disregard for the truth.

Defamation Case Background

The issue between Karbassi and Soria stems from the 2022 primary campaign.

Soria and Karbassi — both Fresno Democrats — ran for the 27th Assembly District seat (along with two others). Karbassi failed to advance past the primary in a race eventually won by Soria.

A campaign mailer from Soria that implied Karbassi had a criminal record led to the campaign lawsuit. Karbassi claimed Soria defamed him by suggesting he was guilty of battery against a female student, when it was really a campaign consultant he hired that was guilty.

Soria’s attorneys quashed the lawsuit, but an appeal court partially reversed the ruling and sent the case back to Superior Court.

The appellate court decision did allow for Soria to collect for some attorney’s fees, but now that is on hold.

Both Karbassi and Soria intend to run for new offices in 2026. Karbassi said he will run for Fresno County Clerk/Registrar of Voters; Soria intends to run for state Senate.

Judge Orders, Reverses Wage Garnishment

When Karbassi filed his lawsuit, he also claimed Soria defamed him about the use of public funds from when both served on the Fresno City Council.

Soria filed an anti-SLAPP motion — a motion to dismiss lawsuits intended to silence public speech. A Fresno County Superior Court agreed, and the case ended — temporarily.

An appellate court brought the suit back, but only on the claims of the implied battery. Claims about spending were fair game.

The winning side of anti-SLAPP motions are entitled to attorney’s fees. Soria claimed a total of $136,725.

Fresno County Judge Jeffrey Hamilton reduced the amount, ordering Karbassi to pay Soria $49,138.

Soria’s team filed a writ — an order to enforce the judgment, and the Superior Court granted the request March 24. Sheriff John Zanoni’s office was instructed to garnish Karbassi’s wages.

But, Karbassi filed to block the collection — mainly arguing the case isn’t finished yet, and settlement talks might offset the money that Karbassi would owe.

Soria’s attorneys responded, writing “that is not the law.” They also argued that if the shoe was on the other foot, “Plaintiff would be seeking to collect immediately and not waiting to see the ultimate outcome of the case, possibly years later.”

Brian Whelan, Karbassi’s attorney, wrote in a court brief that Soria’s side is “proposing to pay a sum exceeding the fee award by six figures, again and net after applying the offset.”

He said the tactics “raises serious concerns.”

Whelan also criticized Soria’s team for serving a deposition on Karbassi’s 80-year old father, also named Mike Karbassi.

“These tactics are not about legitimate enforcement but instead are about exerting undue pressure to make Mr. Karbassi settle his legitimate claims for less than he is owed,” Whelan wrote in a court brief.

Judge Lisa Gamoian granted Karbassi’s request on April 15.

Legal Fees

Soria established a legal defense fund to raise money for defending the litigation.

Campaign filing documents show that Soria raised $20,000 since Jan. 1, with $118,611 in expenses. Documents show she paid more than $49,000 in expenses in 2024.

Her listed contributors include California State Council of Service Employees Small Contributor Committee, United Food and Commercial Workers Western States Council Candidate PAC Small Contributor Committee, and the Women in Power PAC.

She has since reported $15,000 from the California Apartment Association PAC; $10,000 from Yocha Dehe Wintun Nation; and $5,000 from the Pechanga Band of Indians;

Her campaign — which is also party in the suit — loaned $5,000 to the legal defense fund.

The expenses are mainly for legal and compliance fees.

Karbassi has set up a specific legal defense fund. His most recent campaign filings from last year — when he successfully won a second full-term on the city council — did not show any legal expenditures.

He offered no comment when asked how he was paying for the lawsuit.