The Law and Motion judge in the county superior court (Calif) made mistakes. He weighed evidence when he should have let the jury weigh the evidence. (He put himself in the position of a medical expert). The judge's ruling contained obvious legal, logical, medically impossible errors. The judge's ruling restated the defense attorneys' (false) position that there was no surgical consent breach because there is NO difference between minimally-invasive and old-fashioned open surgery, etc. The defense attorneys wrote false statements in their opposition briefs and the judge merely parrotted these false arguements. I want to meet with the presiding judge to tell her that her L&M judge caused miscarriage of justice and that attorneys in her court use fraud to win motions. This must stop!
My colleagues are correct. It seems that you lost a motion for summary judgment. The judgment that arises is appealable and appeal is your only remedy. NO ONE even the presiding judge can reverse the decision the law and motion judge made EXCEPT ON APPEAL. So consult competent appellate counsel. If the judge weighed the evidence or inserted his/her opinon as if it were "expert" opinion, then you may have good grounds for appeal. Good luck to you.
I am licensed only in California and this response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the exact facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific, exact facts. Contact a lawyer for more specific advice. My answer to your question on AVVO does not create an attorney-client relationship.
Your remedy is to bring an appeal. Complaining to the presiding judge will not solve your problem. If this is as you say, an appeal would do the trick. If the Judge in fact weighed evidence when he should not have or acted improperly as an expert, then the appellate court will agree with you that these abuses of discretion occurred. Perhaps an attorney should be consulted.
Best of luck to you.
Attorney Rebekah Ryan Main
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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
The presiding judge's office will ask you to fill out a form indicating what your complaint about the judge is in detail. If the PJ thinks it's worth pursuing you may get a call back for more information. In your scenario I doubt your claims will be pursued. First of all, most complaints about the results obtained in a contested matter are not deemed indicative of judicial misconduct, just dissatisfaction with the results. Second of all, your complaints are more properly addressed in an appeal of the judgment or final ruling. You call the judge a law and motion judge, so I assume you lost a motion for summary judgment. That's an appealable order. You may have lost because you didn't make the proper arguments or present compelling facts. A lawyer should be retained when the stakes are high. Somethings in the law are capable of being done by lay persons; others not.
Unless you are referring to judicial misconduct (as opposed to erroneous ruling), you do not have the right to meet with the presiding judge. Your remedy is to appeal to the Court of Appeal.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.