Thursday, February 28, 2019

Serious appellate sanctions!!!

4/3 drops the hammer with appellate sanctions in this case here, which begins:
In the published portion of this opinion, we conclude that the plaintiff’s attorney committed misconduct on appeal, including manifesting gender bias, and we report him to the State Bar.
... we are reporting plaintiff’s attorney ... to the California State Bar for manifesting gender bias. The notice of appeal signed by Mr. [X] on behalf of plaintiff referred to the ruling of the female judicial officer as “succubustic.” A succubus is defined as a demon assuming female form which has sexual intercourse with men in their sleep. We publish this portion of the opinion to make the point that gender bias by an attorney appearing before us will not be tolerated, period.
We also report Mr. [X] to the State Bar for the statement in the notice of appeal suggesting the trial court attempted to thwart service of the signed judgment on plaintiff in an effort to evade appellate review and statements in the appellate briefs he signed on behalf of plaintiff accusing the judicial officer who ruled on the motion for attorney fees of intentionally refusing to follow the law. None of these serious charges is supported by any evidence.
[5/4 update: The DJ's story is Appeals panel files misconduct complaint against plaintiff’s attorney; Recorder article here; MetNews article here; Law360 offers Calif. Judges Slam Atty For Gender Remarks: Not OK, Period]

For the 2019 Judicial Officer Demographic data, look here.

Speaking of bias in the legal profession, the Beverly Hills Bar presents, Movie Madness: Bias in the Legal Profession, Hollywood Style on March 14, and the panel includes the Judges Segal (i.e., 2/7's Justice Segal and CD Cal's Magistrate Judge Segal). And for More Justice Segal, check out Rutter's CA & 9th Cir. Class Actions program.