July
2021

A report on where
things
stand



Los Angeles Superior Court Judges Patricia Nieto, Victor Greenberg Retire… Trial of Avenatti for Wire Fraud Is in Progress…President Biden Has Made No Nominations to District Court for Central District of California



Judges, Lawyers Under Scrutiny


Michael J. Avenatti
Attorney/Convict

Trial is underway in the U.S. District Court of the Central District of California in the case of one-time prominent and monied Los Angeles attorney Michael J. Avenatti, who is facing 10 counts of wire fraud in connection with allegedly siphoning nearly $10 million in client funds. Senior Judge James Selna is presiding over the trial in which Avenatti is self-represented.

On July 8, Avenatti was sentenced to two-and-a-half years in prison by U.S. District Court Judge Paul G. Gardephe of the Southern District of New York on attempted extortion and wire fraud counts.

Avenatti is in home confinement in the Venice, Calif. abode of a friend, Jay Manheimer.

State Bar disciplinary charges were filed July 29, 2019, but proceedings were abated on Sept. 17 of last year in light of pending charges before Selna based on allegedly cheating clients and committing bankruptcy fraud. In light of the conviction in the case tried in New York. However, State Bar proceedings against him are relegated to little significance, with it looming as a virtual certainty that he will ultimately be disbarred. He is under suspension based on his conviction.

The case tried before a jury in Gardephe’s courtroom stemmed from Avenatti’s effort to exact a sum of about $25 million from Nike by threatening to blacken its reputation in litigation if it did not comply.

Avenatti is also charged in U.S. District Court for the Southern District of New York with cheating former client Stormy Daniels, a porn star, out of $300,000. The money Avenatti is accused of taking was an advance to Daniels in connection with her book, “Full Disclosure,” in which she tells of her affair with then-President Donald Trump. Avenatti allegedly forged her signature on a letter to her literary agent, directing that payments be sent to a bank account he controlled.

The lawyer handled a number of high-profile cases, including representation of Daniels—whose actual name is Stephanie Clifford—in her actions against then-President Donald Trump in an effort to skirt a 2016 nondisclosure agreement she signed in connection with a $130,000 pay-off to her for agreeing not to talk publicly of their affair in 2006. He also handled her action against the then-president for defamation.

He is a litigant in a dissolution of marriage case in Orange Superior Court. In October, he was granted visitation rights with his son, age 6.

Thomas V. Girardi
Former Practicing Lawyer

The one-time prominent trial lawyer was placed on involuntary inactive status by the State Bar on March 9. Disciplinary charges were filed March 30 alleging 14 counts involving the large-scale cheating of clients.

He has been placed in a conservatorship based on short-term memory loss, is being sued for divorce by his wife, actress/singer Erika Jane, is in bankruptcy proceedings, and is facing litigation involving millions of dollars.

However, he now professes a lack of assets, saying in court papers last year:

“At one point I had about $80 million or $50 million in cash. That’s all gone. I don’t have any money.”

Philip James Layfield
Disbarred Attorney, Accused Felon, Truck Driver

Disbarred lawyer Philip James Layfield is facing a federal prosecution on multiple counts in connection with allegedly stealing his client’s funds and cheating on his taxes. The trial, repeatedly postponed, is now scheduled for Aug. 10.

On July 19, District Court Judge Michael W. Fitzgerald of the Central District of California granted a motion in limine only to the extent of forbidding reference to Layfield’s disbarment.

 As federal investigators closed in on him in 2017, Layfield fled to Costa Rica in June of that year, was in the United States for two days in October 2017, returned to Costa Rica, and came back to the U.S. on Feb. 19, 2018. He was arrested in New Jersey one week later and was indicted here on March 9, 2018.

The prosecution began in connection with Layfield having pocketed settlement funds belonging to Josephine Nguyen, who was a client of the then-firm of Layfield & Barrett. She was to receive 60 percent of a $3.9 million settlement of her personal injury claim, amounting to $2.3 million.

A superseding indictment expanded the scope of the prosecution to include tax evasion and fraud for 2016 and 2017. As Layfield’s lawyer, Anthony M. Solis, summed up the charges, in a memorandum of points and authorities filed in July, the superseding indictment “alleges a broad scheme perpetrated by defendant Philip Layfield to, essentially, fleece his clients of their settlement funds, cheat attorneys out of their agreed-upon referral fees and fail to honor various tax obligations owed to the United States.”

Some of the counts have been dismissed.

The defendant was released on a $100,000 bond and is presently residing in Las Vegas.


Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

There are four upcoming vacancies on the 29-member court. Judges Marsha S. Berzon, 76, William A. Fletcher, 75, Susan Graber, 71, and Richard A. Paez, 74, will be assuming senior status, on a date to be determined.

 

There are six vacancies, to be filled by President Joseph Biden—with no nominees for the spots—and one upcoming vacancy.

•The latest vacancy was created when Judge James V. Selna took senior status on March 4, 2020.

•A vacancy was created July 5, 2019, when Judge Andrew J. Guilford went on senior status.

•Judge Manuel Real assumed senior status on Nov. 4, 2018, after 52 years on the bench, and died June 26, 2019.

•Judge Beverly Reid O’Connell died Oct. 8, 2017, at the age of 52.

•Judge Christina A. Snyder took senior status Nov. 23, 2016.

•Judge Margaret Morrow went on senior status Oct. 29, 2015, and subsequently left the bench to become president and chief executive of Public Counsel, a post from which she has departed.

District Court Judge Virginia Phillips, a former chief judge, is set to retire on Feb. 14, on her 65th birthday. That is the first day she will be eligible to retire with full benefits.



There are no vacancies.

Second District

There are four vacancies. A presiding justice, Tricia Bigalow of Div. Eight, and two associate justices—Laurie Zelon of Div. Seven and Halim Dhanidina of Div. Three—retired, and Jeffrey Johnson of Div. One was removed by the Commission on Judicial Performance.

Sitting on assignment until Aug. 31 are Los Angeles Superior Court Judge Sam Ohta, San Luis Obispo Superior Court Judge Charles S. Crandall, Santa Clara Superior Court Judge Audra Ibarra, and Santa Barbara.


Los Angeles County
 

Judge Patricia D. Nieto’s official retirement date is today. She left the bench on June 25, proceeding to use up earned vacation days.

Judge Victor H. Greenberg’s last day on the bench was July 9. The official retirement date is Aug. 24.

Nieto was elected to an open seat in June 2008 but was given an early start through an appointment by then-Gov. Arnold Schwarzenegger. She was then a Los Angeles Superior Court commissioner.

Her 1977 law degree is from USC.

She became a part-time Juvenile Court referee in 2001, a full-time referee in 2005, and a court commissioner in 2007.

Greenberg was appointed by former then-Gov. Arnold Schwarzenegger on Jan. 22, 2009.
He earned his law degree at Hastings.

Hired as an attorney for the Los Angeles County Department of Children and Family Services in 1986, he became the DCFS’s inspector general in 1995.

Judges of the Los Angeles Superior Court elected him as a commissioner in 2000.

Neither judge was available for comment.



 

 

 


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