Discovery responses to requests for admissions [RFAs] were served four days late, subsequent to the responding party twice being ignored after requesting a two-week extension to respond. The requesting party moved the trial court to have all 119 RFAs deemed admitted pursuant to Code of Civil Procedure section 2033.280 (b). The court deemed discovery consisting of […]
The Past Catches Up With State Bar Applicant.
When an applicant for membership in the California State Bar worked for The New Republic in the 1990’s, he fabricated magazine articles as well as supposedly supporting materials for the articles to delude fact checkers. The California Supreme Court concluded the applicant did not sustain his heavy burden of demonstrating rehabilitation and fitness for the practice […]
Discovery Abuses: Play Nice Or Pay The Price!
The trial court ordered the entry of default after finding discovery abuses, including the concealment and destruction of requested documents. At the prove-up hearing, the trial court determined plaintiff was entitled to $691,280 in damages. The appellate court affirmed, concluding defendants willfully failed to comply with court orders, and that defendants “willfully concealed or destroyed written […]
Bribe Of Public Officials Claimed.
In a matter involving allegations of bribing members of a board of supervisors to obtain their approval of a litigation settlement, the California Supreme Court held: “Whether the offeror is guilty of aiding and abetting the receipt of the bribe depends on whether there is evidence that, in addition to the offer or payment of the […]
Abuse Of ERISA Pension Plan.
In a marital dissolution action, the husband [who is also a lawyer] claimed that pursuant to the Employee Retirement Income Security Act [ERISA; 29 U.S.C. § 1001], his pension plan was exempt from levy on a writ of execution to pay his spouse’s attorney for attorney fees. The court rejected his argument “on the ground there […]
Violation Of State Bar Rules Of Professional Conduct Court Sanctions Reversed.
A lawyer was sanctioned $43,000 under California Rules of Court, rule 2.30(b) for violating the California State Bar Rules of Professional Conduct by negligently hiring an attorney ineligible to practice law to assist her by acting as counsel at trial. In reversing, the appellate court stated: “As rule 2.30(b) does not authorize sanctions for violations of the Rules […]
Employer’s Lawyer Had A Conflict Of Interest When Representing Employee At His Deposition.
Plaintiff wrote a statement shortly after an accident involving a co-worker, in which plaintiff said the other worker slipped and fell on a concrete floor soaked in oil and grease, but he did not say he witnessed the fall. About an hour later, someone in management asked him to write another witness statement. In the second, […]
State Bar Court Recommends Disbarment.
Disbarment was recommended for a lawyer admitted to practice law in California, but not in any other state, by the California State Bar Court, for the unauthorized practice of law in nine other states. He performed contract work for consumer debt companies which advertised through television and radio ads in a number of states. Clients were required […]
Preliminary Fact Of Agency Not Established.
A lawyer, defense counsel in a criminal trial, filed a writ of prohibition challenging the superior court’s adjudication of contempt against her. The lawyer failed to answer questions regarding how she came into possession of evidence relevant to the prosecution of her client. The lawyer contends the evidence was delivered to her in some way by […]
Arbitration Award Tossed For Appearance Of Arbitrator Partiality.
After an adverse arbitration award in a legal malpractice action, the losing party plaintiff searched the internet for evidence of bias on the part of the arbitrator. She found a link to the arbitrator’s resume, which listed a named partner in the defendant’s law firm as a reference. The trial judge denied a petition to vacate […]