Articles Posted in Judges

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Summary: It is not “do unto others before they do it to you” but rather “do unto others as you would have them do unto you.”  In other words, treat people as you would like to be treated.

I attended an ex parte hearing last Thursday at which time I was given the San Diego County Bar Association’s (SDCBA) Attorney Code of Conduct and the United States Constitution.  Now, I do not believe I was singled out since: (1) I do not think that I have a reputation as a reprobate; and (2) opposing counsel was also given one [I don’t think she falls into the reprobate category either].

I called the SDBCA to inquire whether all of the judges were handing out these booklets.  I was informed that the SDCBA handed these out to their members (I’ve never received one until now).  Somehow, some of the booklets got into the hands of a judge and she was sharing the information (I’m thinking, with good reason).

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Written by Patricia I. James**

Yesterday, I attended a Case Management Conference (“CMC”) (See Post # 3) in Riverside. I drove there. I know I should have made a telephonic appearance as did the two opposing counsel. However, it is so invigorating to get up at 5:00 a.m., hit stop and go traffic on the I-215, breathe in the exhaust fumes and just barely make it to court at 8:30 a.m. Nothing like that adrenaline rush.

Two things occurred at the hearing which were interesting, at least, to me. First, there was actually a court reporter at the hearing in Riverside. Although I have only attended two or three hearings in San Diego County since the cessation of court reporters, each time it has seemed strange to not see them. Now it seemed odd to see one. I guess the ax has not come down yet in Riverside County.

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Written by:  Patricia I. James**

It is no secret that the State of California, as well as the rest of the United States, and probably the rest of the world, are undergoing a financial crisis.  Post #16 addressed the problems of receiving healthcare.  This post addresses the problems of your access to justice.

According to a news release from the San Diego Superior Court dated June 20, 2012, it faced cuts of as much as $14 million for the 2012-2013 fiscal year and could rise to $40 million for the 2013-2014 fiscal year.   However, a news release dated September 20, 2012 indicates that the cut is actually $33 million for 2012-2013.

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It can be difficult asking for help. However, nip it in the bud. The possibility of a do-over may be non-existent.

Written by:  Patricia I. James**

I was sitting in court not too long ago, listening to the cases before me. On this particular matter, an attorney was making his appearance telephonically. If I recall the circumstances correctly, he explained that he had been ill and continued to be ill (and he certainly sounded like it on the phone) so he had missed timely responding to some requests for admissions that apparently gutted his client’s lawsuit. He had requested an extension of time from opposing counsel but opposing counsel had denied this request. (To be fair, it is possible opposing counsel had previously granted an extension or two but finally had to go forward). The granting of the motion that was then before the court, based on the failure to respond to these admissions, would result in the dismissal of his client’s case. The tentative ruling was to grant the motion.

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This Post is, hopefully, an interesting overview of a few types of hearings (don’t fall asleep yet), and a few days in the life.

Written by :  Patricia I. James**

I appear at my fair share of Case Management Conferences which is where the Judge either sends me to mediation or arbitration or, more likely in my cases, sets the case for trial. He or she also sets dates for the Trial Readiness Conference [FN1], discovery and motion cutoff and either sets the date for posting of jury fees and expert exchanges or says that they are set per code. [FN2] I also appear at various motion hearings including demurrers [FN3] and motions for summary judgment. [FN4]