June
2024

A report on where
things
stand



Cooley, Cady Make PRA Requests Regarding Pay to Teran…Eastman Seeks Review Of State Bar Recommendation for Disbarment…A.G.’s Office Won’t Tell Status of Huntsman Probe, State Bar Won’t Provide Update on Kabateck/Geragos Investigation



Judges, Lawyers Under Scrutiny


John Eastman
Attorney, Ex-Trump Advisor

Former Chapman University School of Law Dean John C. Eastman on May 31 filed a request for review by the State Bar’s Review Department of the March 27 recommendation by State Bar Court Judge Yvette Roland that he be disbarred.

On May 1, Roland denied Eastman’s request that he be allowed to practice law while his appeal is pending. She explained:

“The court’s conclusion that Eastman failed to show that he poses no significant threat to the public precludes the imposition of interim remedies.”

Roland recommended disbarment based on statements Eastman made in the course of representing then-President Donald Trump in the aftermath of the 2020 presidential election.

The disciplinary case against him raised the question as to whether a California lawyer can be disbarred based on having put forth an unsupported legal theory, prompting action by others in reliance on his counseling. Allegations against Eastman are centered on his participation in an effort to block Joseph Biden from taking office as president of the United States through pronouncements at the “Save America Rally” on Jan. 6, 2021, in the District of Columbia, of election fraud that purportedly deprived Trump of reelection.

Rejecting Eastman’s First Amendment defense, Roland said:
“Attorneys have a First Amendment right to make statements in public in the course of their professional duties. However, this right does not extend to making knowing or reckless false statements of fact or law. Here…, Eastman made multiple false and misleading statements in his professional capacity as attorney for President Trump in court filings and other written statements, as well as in conversations with others and in public remarks….Eastman knowingly made these false statements or had no reasonable factual or legal basis for making them. Hence, Eastman’s First Amendment defense fails.”

Thomas V. Girardi
Criminal defendant, former lawyer (disbarred)

Thomas V. Girardi

Lawyers for disbarred lawyer Thomas Vincent Girardi, who is facing an Aug. 6 trial in the U.S. District Court for the Central District of California on five counts of wire fraud, on June 21 filed a motion for a trial separate from that of co-defendant Christopher Kamon, who was chief accountant for the now-defunct law firm of Girardi|Keese. The day before, in a filing, Girardi pointed a finger at Kamon, characterizing him as the major source of the pilfering of client funds, and it is anticipated that Kamon will seek to place the blame on Girardi.

The 85-year-old former plaintiffs’ lawyer is contending that Kamon diverted law firm funds to fictional suppliers, pocketing the money, and that Girardi was selling off personal assets so that the firm could provide settlement funds to clients. A memorandum of points and authorities by Deputy Federal Public Defenders Charles J. Snyder, Samuel Cross, and J. Alejandro Barrientos, representing him, says:

“As alleged by the government in its separate prosecution of former Girardi Keese CFO Christopher Kamon, Kamon ‘fraudulently obtained over $10,000,000 in funds held in the custody of and belonging to Girardi Keese.’…Kamon did so by falsely representing to Girardi Keese (and, by necessity, Thomas Girardi) that various invoices were for proper business expenditures when they were actually used ‘to fund [Kamon’s] lavish lifestyle, including payments for renovations on his personal residences and payments to a female companion.’ ”

It continues:

“Although the government characterizes such acts as a “side fraud,” the evidence in this case will show—and Girardi’s defense team intends to prove to the jury—that Kamon, not the aging and mentally declining Girardi, perpetrated the fraud that deprived Girardi Keese clients of their settlement funds. Likewise, Girardi anticipates that Kamon will argue that he acted without intent to defraud because he was pressured into acting at Girardi’s command….

“These competing defenses are ‘mutually exclusive’ under Ninth Circuit law and therefore require the Court to grant this motion to sever Girardi and Kamon’s trials.”

In a June 21 motion in limine, Assistant United States Attorneys Scott Paetty and Ali Moghaddas declared that during the relevant time period, “defendant Girardi diverted tens of millions from the Girardi Keese operating account to pay illegitimate expenses, including over $25 million to pay the expenses of EJ Global, a company formed by his spouse” Erika Girardi, known professionally as Erika Jayne, “related to her entertainment career.” They argued:

“[W]here, as here, defendant Girardi intends to introduce evidence of, and argue at trial that, defendant Girardi liquidated tens of millions in personal assets to cover the firm’s expenses, it is wholly appropriate for the government to provide additional context for the jury that he equally misappropriated tens of millions of dollars prior to that. Excluding such evidence would only serve to distort the truth and leave the jury with the mistaken impression that only defendant Kamon is to blame for such misappropriation when, in truth, defendant Girardi similarly misappropriated tens of millions himself.”

District Court Judge Josephine L. Staton, who is presiding in the case, yesterday granted a motion by Girardi seeking a jury questionnaire that would inquire as to the awareness of a venireperson of pretrial coverage, in particular relating to the defendant and his estranged wife on the cable television channel Bravo and in the Los Angeles Times. She specified that “the parties are to file their agreed-upon and (if necessary) disputed written voir dire questions no later than 7/3/2024, for the Court’s consideration.”

The motion says:

“Tom Girardi’s wife, Erika Girardi, had been since 2015 a major character on Bravo’s show The Real Housewives of Beverly Hills (“Housewives”). Her public separation from Tom Girardi, and the couple’s mounting legal troubles, became a major topic on the show from its eleventh season onwards, and continued to feature in various spinoff projects and shows, including a two-part documentary series. The Housewife and the Hustler, which focused explicitly on the couple’s legal troubles. The Times has continued to cover both Tom Girardi and his now-estranged wife in close detail. Indeed, the newspaper, whose print and digital circulation numbers near a quarter of a million, has done what it can to contribute to the sensation and publicity surrounding the case.

“This Court should issue a questionnaire containing substantive questions relating to jurors’ media exposure and potential biases. The pretrial publicity surrounding Girardi, his wife, the case, his career, and his various legal matters requires sequestered questioning of individual jurors. The case’s high profile demands intensive voir dire one way or another, and a questionnaire will achieve this goal efficiently, saving the Court and the parties time by significantly shortening in-courtroom von dire.”

Staton on Jan. 2 found Girardi competent to stand trial, rejecting his contention that he lacks competency owing to affliction with Alzheimer’s disease.

Once a monied and highly influential lawyer, Girardi is now disgraced and impecunious. A former superstar among California’s personal injury attorneys, Girardi resided in a Pasadena mansion with his trophy wife who, although she filed for a dissolution of marriage, has said she won’t follow through with the divorce because she could wind up having to pay Girardi spousal support.

Girardi also faces felony charges in the U.S. District Court for the Northern District of Illinois. The indictment in Illinois stems from the former lawyer purportedly purloining about $3 million that was due family members of persons who were in the Lion Air Flight 610 crash in Indonesia on Oct. 29, 2018, killing all 189 who were aboard. Boeing had manufactured the aircraft, and agreed to pay $500 million to the survivors.

Also indicted there were Los Angeles attorney David Lira, Girardi’s son-in-law, and Kamon. The three face eight counts of wire fraud and four counts of criminal contempt of court.

Over the decades, complaints by clients to the State Bar of his perfidy, many complaints, went unheeded. Girardi had connections at the State Bar—which included a then-investigator there, Tom Layton, who acted as his boy-Friday.

Max Huntsman
Los Angeles County Inspecter General

Thomas V. Girardi

It has been more than a year-and-three quarters since state Attorney General Rob Bonta announced in a Sept. 20, 2022 press release that the Department of Justice would look into “whether any individuals committed a crime by allegedly giving advance warning” to then-Supervisor Sheila Kuehl and another who were subjects of a search warrant. The person who allegedly provided the tip-off is Max Huntsman, the county’s “inspector general,” hired to unveil official misconduct though, as some see it, has engaged in misconduct, himself.

Bonta’s office has failed to respond to a May 29 METNEWS inquiry as to the status of the investigation.

There have been no public progress reports. It appears the matter is destined to linger and die.

That’s what happened in connection with Los Angeles County District Attorney’s Office chief of staff, Joseph Iniguez. He was arrested on Dec. 11, 2021, and booked on suspicion of public intoxication; the Office of Attorney General took the case because the District Attorney’s Office had a conflict; it took no action and, after one year, the time for filing charges expired.

Kuehl’s home was searched based on a suspicion that she had assisted a non-profit organization, run by a friend of hers, in obtaining a no-bid county contract contrary to the county’s interests.

Appearances are that Huntsman, a former deputy district attorney, interfered with a law enforcement investigation into possible political corruption by causing Kuehl, indirectly, to be alerted to an impending exploration of her home by sheriff’s deputies, affording her an opportunity to hide or destroy potentially incriminating evidence. Huntsman is mum.

The facts that emerge are that on the morning of the raid by sheriff’s deputies on her Santa Monica home on Sept. 14, 2022, Kuehl told reporters:

“I heard from county counsel last night that she got a tip from Max that this search would happen this morning.”

KFI newsman Steve Gregory reported that at 11:41 p.m. on the day preceding the raid, Acting County Counsel Dawn Harrison texted Kuehl:

“This was the first my team had heard of it. Max called CoCo tonight with his ‘intel.’ Just wanted to make sure you were aware. Should anything come of this in the morning, Cheryl O’Connor is on standby. If you need her, she will be there.”

“CoCo,” Gregory said, stands for “county counsel” and O’Connor is Kuehl’s attorney.

Huntsman has also come under criticism for causing the downloading confidential personnel records of the Sherriff’s Department, which also appears to be a dead issue.

Brian Kabatech, Mark Gerogos
Attorneys

Thomas V. Girardi Thomas V. Girardi

More than a year-and-three quarters has also passed since the State Bar said in a Sept. 27, 2022 news release:

“The State Bar of California’s Board of Trustees Chair Ruben Duran announced today that the State Bar is investigating attorneys Mark John Geragos (State Bar No. 108325) and Brian Stephen Kabateck (State Bar No. 152054) in connection with the Armenian Genocide insurance settlement funds from which dispersals were made in the U.S. and France.” in a matter in which the State Bar announced—possibly for the sake of publicity— that it was launching a probe of former Los Angeles County Bar Association President Brian Kabateck and criminal defense lawyer Mark Geragos.”<

Under fire for its dereliction in failing to act on complaints about Thomas V. Girardi (now disbarred) until his dishonesty became manifest and widely reported by the news media, the announcement was made, possibly for sake of publicity. The move could backfire if the two are exonerated for a fourth time—or what would possibly be a fifth time as to Geragos.

The State Bar will not comment on what progress has been made. A spokesperson said on May 30, in response to a METNEWS inquiry:

“At this time, we can provide no update beyond what was stated in our earlier September 27, 2022 release.”

Kabateck has attained multi-million dollar judgments and settlements; Geragos is a criminal defense lawyer whose clients have included Whitewater defendant Susan McDougal, former Rep. Gary Condit, actress Winona Ryder, and entertainer Michael Jackson.

Kabateck and Geragos had obtained a settlement of $37.5 million in separate actions against two insurers who failed to pay claims under life insurance policies issued to persons who were slain in the Armenian genocide. Major attention has been focused in recent Los Angeles Times articles on what happened to proceeds from a $17.5 million settlement with a French insurer in 2005.

Questions have been raised as to whether the two lawyers pocketed any of the funds. While moneys are missing, the lawyers point out they had nothing to do with the distribution of the proceeds.

They were previously cleared of wrongdoing in at least three State Bar probes and one by independent investigators.

The State Bar’s press release quotes then-Board of Trustees Chair Ruben Duran as saying:

“The State Bar is charged with protecting the public. Confidence in our ability to do so has unfortunately been shaken in recent times by the Girardi matter and what it represents. Restoring and maintaining the public’s trust in the disciplinary apparatus of this agency is imperative.”

Geragos—who has said he will be suing the State Bar—remarked that Duran’s mention of Girardi shows that “all they’re trying to do is deflect” attention from the debacle in not responding to complaints about Girardi.

Kabateck asserted:

“This is a political stunt by the State Bar.”

Geragos on July 27 told the METNEWS:

“The State Bar announcement was provoked by malicious, reckless defamatory reporting by the L.A. Times which is why I’m currently suing the Times and reporters Harriet Ryan and Matt Ryan. Their wild unfounded and demonstrably false allegations were nothing more than an attempt to try to taint Brian and my career achievements for the Armenian community.

“Almost 20 years ago, a respected federal judge and three separate investigations not only proved that there were no questions about either of us and instead lauded our cooperation. The story by the L.A. Times attempted to rewrite history and the two reporters were clueless about class action litigation. Neither Brian or I had any involvement in the claims process and had no ability to approve or reject claims. The truth was that we actually uncovered the wrongdoing, recovered all the money and turned in the culprits.” <

A spokesperson for the Times responded last July 28:

“The State Bar is an independent agency and makes its own decisions about what and whom it investigates. The Los Angeles Times article about the difficulties that Armenian people encountered when trying to access settlement money related to the Armenian genocide reported on matters of substantial public interest, and we encourage people to read the reporting for themselves (https://www.latimes.com/california/story/2022-03-23/fraud-los-angeles-cheated-armenian-genocide-victims). The Times and its journalists are vigorously defending against Mr. Geragos’ baseless lawsuit; at a hearing on June 22, a Superior Court judge tentatively found that it should be dismissed, and we are awaiting her final ruling on our SLAPP motion.”

In the tentative ruling, Los Angeles Superior Court Judge Wendy Chang found that the Times merely quoted allegations by others and did not, itself, accuse Geragos of wrongdoing. She later adopted the tentative decision as the ruling, and Geragos said on Aug. 9:

“This case was always going to end up in the Court of Appeal either way. The ruling is respectfully not only wrong on the facts but also on the law.”

Diana Teran
Assistant District Attorney

Los Angeles Assistant District Attorney Diana Teran, a key aide to District Attorney George Gascón, has been charged by the Office of Attorney General with 11 counts of unlawfully accessing and, in her prosecutorial role, making use of confidential electronic personnel files on deputy sheriffs. She was arrested and booked on April 27.

The Office of County Counsel has rebuffed a request by the METNEWS pursuant to the Public Records Act (“PRA”) seeking documents reflecting whether Teran continues to receive a salary while off work in light of the criminal charges. It said that personnel matters are exempt from disclosure. Customarily county employees are not paid during such periods and the matter of the amount of public employees’ pay has not been considered confidential.

Yesterday, former Los Angeles County District Attorney Steve Cooley and victim rights attorney Kathleen Cady, a former deputy district attorney, each made a request under the PRA relating to Teran.

Cooley sought:

“1. The current salary and benefits of District Attorney employee Diana Teran;

“2. The ordinance authorizing the position occupied by Diana Teran; and,

“3. Whether District Attorney employee Diana Teran is currently employed and being paid.”

Cady asked for information as to “[a]ll compensation for Diana Teran from January 1, 2024 through the present.”

On April 25, Cady requested other information relating to Teran and the County Counsel’s Office, rather than responding within the 10-day period set forth in the PRA, granted itself an extension—which is authorized under the act where there are “unusual circumstances.” In yesterday’s communication, Cady spelled out (with bold face in the original):

“The requested information is easily accessible and very limited. Government Code section 6253(d) prohibits the use of the ten-day period, or any provisions of the CPRA or any other law, “to delay access for purposes of inspecting public records.” No valid reason exists to delay producing or request an extension to provide this information.”

She added:

“In responding to this request, please keep in mind that Article 1, section 3(b)(2), of the California Constitution expressly requires you to broadly construe all provisions that further the public’s right to access and to apply any limitations on access as narrowly as possible.”

The Association of Deputy District Attorneys on April 26 posted an article on its website by Deputy District Attorney Ryan Erlich in which questions are posed. He said of the Teran matter::

Her case is in its nascent stages. But it is not too early to ask Gascon and his inner circle some key questions, beginning with “what did the District Attorney know and when did he know it?

George Gascon claimed in an office-wide email that he learned about the Attorney General’s filing when many of us did: “late” on Wednesday afternoon. But did Gascon know about the investigation before then? If so, when? Did he know that the AG was investigating Teran when he promoted her to Assistant District Attorney of Ethics & Integrity in December 2023? Did anyone else in the “executive team” know she was under investigation? As an investigative “target,” did Teran retain counsel? Did her attorney-client relationship with that retained counsel affect any case under her supervision?

Before she was charged with 11 felonies, Teran supervised 20 or more special unit….These units handle some of the office’s most politically charged cases. Now that Teran is facing prison time, what steps has or will the District Attorney take to ensure that her alleged wrongdoing did not infect more matters than those referenced in the AG’s complaint? Will there be a top-to-bottom review of her work? Will that review be internal or external? Who will run it?

A recent office memo…suggested that Teran has been moved out of management. Is that a temporary or permanent move? Is Teran still an active employee of the District Attorney’s Office? Did she resign? Was she asked to do so? Was she escorted from the office? Does she still have access to sensitive material or office resources? Is she on administrative leave? Can she still practice law? Is she still drawing some or all the $363,000 in pay and benefits that she earned in 2022? And who is going to pay to “defend” her?

The ADDA said in a board statement on May 15:

“Two weeks ago, after the Attorney General charged Teran with eleven felonies, we called on the District Attorney to address questions about Teran sooner rather than later, and preferably in a live public press conference.

“We’re still waiting, and so is Los Angeles.

“With every passing day, it seems increasingly clear that this administration cares more about advancing and protecting their own narrow political interests than doing the right thing.”

Steven Wilson
U.S. District Court Judge

Mary Murguia
Ninth Circuit Chief Judge

On Nov. 17, 2021, alleged misconduct of an extreme nature on the part of U.S. District Court Judge Stephen V. Wilson of the Central District of California took place. The allegation, a credible one, was revealed by METNEWS on Jan. 26 of last year, commented on in a Feb. 2 editorial, and brought to the attention of Ninth Circuit Chief Judge Mary Murguia. It appears that no action has been taken.

The non-action was spotlighted in an editorial on May 31 of this year which was forwarded to the Ninth Circuit attached to a Judicial Council of the Ninth Circuit complaint form. It was returned by Circuit Executive Susan Y. Soong on June 20 with a notation that “[t]he complaint must include the following written acknowledgement: ‘I understand that even if I successfully prove that the judge engaged in misconduct or is disabled, this procedure cannot change the outcome of the underlying case.” The METNEWS was involved in no underlying litigation.

Soong noted that the acknowledgement may be made “in the space provided in Section 6 of the enclosed complaint form.” The form that was enclosed does have a Section 6. The form, as downloaded from the Ninth Circuit’s website earlier in the month, had no Section 6. That is to say, a complaint of misconduct was rejected because a portion wasn’t filled out that didn’t exist when the form was submitted.

The conduct that is being ignored was spelled out, under penalty of perjury, by Westlake Village attorney Marina Lang. She recounted that when she got into a squabble with Wilson over his rulings, she was not merely ordered out of his courtroom but was handcuffed and manacled, forced to hobble in the courthouse hallway before onlookers, booked, and was, for hours, chained to a chair in a cold and smelly basement cell, immobilized, unable even to scratch her nose.

Actions toward her were consequent to an express order by Wilson, though the extent of his knowledge as to the precise treatment of Lang has yet to be established—and inaction to date suggests that it won’t be.

The record does show that after Wilson expressed, with the jury not present, disgruntlement over her conduct in the closing phases of a trial in a trademark dispute, and Lang indicated like displeasure with his behavior, the judge declared:

“You are in contempt,” and asked:

“Is the Marshal there?”

A deputy marshal was present. Wilson then commanded:

“Take Ms. Lang in custody. She’s in contempt of court.”

The order was, understandably, treated by deputies as an adjudication of a criminal contempt. Lang was purportedly told by deputies, when she protested the metal restraints, that they were doing what the judge wanted. Later, back in the courtroom, Wilson related to Lang’s co-counsel, who had continued representing the client, and to opposing counsel, that Lang was in a “holding area” and advised: “I’m going to order her released.”

She was eventually freed that night after court hours, according to her declaration, with her car locked in a parking lot.

The facts and the allegations are not alluded to in the Ninth U.S. Circuit Court of Appeals’s memorandum opinion affirming a civil contempt fine of $3,510 later imposed by Wilson on Lang, and would seem to be irrelevant to the issue before that court. Wilson imposed the fine, to be payable to the other side, and the opinion says in Footnote 1:

“Lang acknowledges that she lacks an appellate remedy for her period of temporary confinement and does not appeal it, so we express no views on that issue.”

Although Murguia has taken no action with regard to possible misconduct on the part of Wilson, she did act on information that District Court Judge Roger T. Benitez of the Southern District of California caused the momentary handcuffing of a 13-year-old girl (as opposed to the alleged hours-long shackling of Lang). The Ninth Circuit Judicial Council on May 1 reprimanded Benitez.

Disciplined attorneys

•Wazir-Ali Muhammad Al-Haqq (#189683) of Pomona. Two years probation, minimum of two years suspension, for professional misconduct in another jurisdiction, failure to report, and other violations. Effective July 12.

•Lynn Akemi Miyamoto (#128313) of Sherman Oaks. One year of probation for failing to perform legal services with competence and diligence and failing to communicate with a client. Effective June 28.

•Alex Holguin (#271861) of Los Angeles. 120 days suspension, one year of probation for acts of moral turpitude, failure to perform with diligence, improper withdrawal, and other violations. Effective June 19.

•Bimal Kumar Sambhi (#223914) of Pasadena. Disbarred for failure to act with reasonable diligence, failure to maintain client funds in a trust account, disobeying court orders, and other offenses. Effective June 19.

•Jeffrey Bryan Smith (#150095) of Long Beach. One year of probation, 60-day suspension for failing to comply with conditions attached to his disciplinary probation. Effective June 19.

•Shane Felton Loomis (#247574) of Westlake Village Summarily disbarred for a felony criminal conviction involving moral turpitude: gross vehicular manslaughter while intoxicated. Effective May 17.

•Thomas Vincent Johnston (#82019) of Woodland Hills. Disbarred for failure to comply with Rule 9.20 of the California Rules of Court, resulting from prior discipline. Effective May 10.

•Hugh Jeffrey Grant (#156429) of Manhattan Beach. One year probation for a criminal conviction involving misconduct warranting discipline: driving under the influence with a prior conviction. Effective May 10.


Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

There are no vacancies.

There are three vacancies and there is one coming up.

Judge George H. Wu assumed senior status on Nov. 3 and Judge Dale S. Fischer did so on May 1. Judge Cormac J. Carney retired last month, assuming inactive senior status.

Judge Philip S. Gutierrez has announced he will assume senior status on Oct. 15.

On April 30, President Joe Biden nominated Los Angeles Superior Court Judge Anne Hwang as Wu’s successor, Los Angeles Superior Court Judge Michelle Williams Court to replace Fischer, and State Bar Court Judge Cynthia Valenzuela Dixon to assume Gutierrez’s seat.



There are no vacancies.

Second District

There is one vacancy. Presiding Justice Laurence D. Rubin of Div. Five retired on Feb. 29.

Serving as justices pro tem are Los Angeles Superior Court Judges Nicole C. Bershon, until Aug. 3, and Angela J. Davis, until Aug. 10.


Los Angeles County

In November run-offs are Deputy Public Defender George A. Turner Jr. and private practitioner Steve Napolitano; Deputy District Attorney Sharon Ransom and private criminal defense attorney La Shae Henderson (running as a “Deputy Public Defender”); Deputy Public Defender Ericka J. Wiley and Deputy District Attorney Renee Rose; Deputy District Attorneys Georgia Huerta and Steven Yee Mac; and Deputy County Counsel Tracey M. Blount and Texas A&M Law School Associate Dean Luz E. Herrera.

The METNEWS, in the primary, endorsed Ransom, Rose, Mac, and Blount, and, inferentially Napolitano now that he’s in a run-off, having urged the defeat of all three members of the “Defenders of Justice”—Turner, Henderson, and Wiley—whose campaigns were being run by groups that sponsor candidates with radical agendas. Recently, Henderson has been disassociated from “Defenders of Justice” but neither she nor its immediate sponsor will disclose whether she withdrew from the alliance or was ousted.  



 

 

 


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