March
2021

A report on where
things
stand



Ninth U.S. Circuit Court of Appeals Judge Graber to Assume Senior Status… District Court Judge Virginia Phillips Slates 2022 Retirement… Coletta, Kato, Ser, Young Appointed to L.A. Superior Court


Judges, Lawyers Under Scrutiny

Michael J. Avenatti
Attorney/Convict

U.S. District Court Judge James Selna of the Central District of California on March 16 extended an order for home confinement of one-time prominent and monied Los Angeles attorney Michael J. Avenatti from March 31 until May 31, and said he could leave the home—that of a friend, Jay Manheimer—to get COVID-19 shots. He is facing a July 13 trial in Selna’s court on embezzlement charges.

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.

He was convicted Feb. 14, 2020, in the U.S. District Court for the Southern District of New York on attempted extortion and wire fraud counts. The release from confinement in New York was on a $1 million bond. Sentencing in New York of the is now set for May 7.

In light of the adjudication in federal court that Avenatti attempted to pry nearly $25 million from Nike by threatening to expose misconduct by the sportswear giant in the recruitment of college basketball players if it did not pay—and the prospect of a sentence of 40 years or more in prison—State Bar proceedings against him are relegated to little significance. It now looms as a virtual certainty that he will ultimately be disbarred in California.

He is under suspension based on his conviction.

U.S. District Court Judge Jesse M. Furman of the Southern District of New York has found that Avenatti, a one-time presidential candidate, is presently indigent. Furman is presiding over the prosecution of him for allegedly cheating former client Stormy Daniels out of $300,000. In July, he appointed Avenatti’s retained counsel, Dean Steward, to serve as court-appointed lawyer in the case.

The $300,000 was an advance to Daniels, a porn star, in connection with her book, “Full Disclosure.” Avenatti allegedly forged her signature on a letter to her literary agent, directing that payments be sent to a bank account he controlled. The trial in that case has been continued to Jan. 10, 2022.

Avenatti has 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 for agreeing not to talk publicly of their affair in 2006. He also handled her action against the president for defamation.

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

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. Pursuant to a seventh stipulation for a continuance, trial is now scheduled for June 1.

As federal investigators closed in on him on 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 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

Circuit Judge Susan Graber, 71, is readying to assume senior status. The date for her departure from the court has not been determined.

Graber was appointed on July 30, 1997 by President Bill Clinton and she assumed office on April 1, 1998. At the time, she was a member of the Oregon Supreme Court.

She was a classmate of Clinton and his wife-to-be—then Hillary Rodham—at Yale Law School. Graber received her degree from there in 1972.

When she assumes senior status, there will be one vacancy on the 29-member court.

 

There are six vacancies, to be filled by President Joseph Biden.

•The latest vacancy was created when Judge James V. Selna took senior status on March 4. There is no nominee to replace him.

•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 is readying to retire.

District Court Judge Virginia Phillips, a former chief judge, is set to retire on Feb. 14, 2022, her 65th birthday. That is the first day she will be eligible to retire with full benefits.

There are no vacancies.

Second District

Justice Laurie Zelon of Div. Seven retired Aug. 31. A vacancy has been created in Div. One based on Jeffrey Johnson’s removal by the Commission on Judicial Performance. Justice Halim Dhanidina of Div. Three will retire today.

Sitting on assignment until April 30 are Los Angeles Superior Court Judges Rashida A. Adams and Sam Ohta, Orange Superior Court Judges Melissa R. McCormick and Glenn R. Salter, and San Luis Obispo Superior Court Judge Rita Coyne Federman.


Los Angeles County
  

Gov. Gavin Newsom on March 25 appointed to the Los Angeles Superior Court Deputy District Attorneys Alfred A. Coletta, Warren Masami Kato, and Susan Ser and Deputy Public Defender Lowynn Y. Young.

Retiring in March were Judges Gary J. Ferrari, Anthony Mohr, Robert J. Perry, and Ramona G. See.

Judge Clifford J. Klein’s retirement is effective today. John A. Torribio will retire April 14 and Judge Norman P. Tarle on April 20.



 

 

 


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