Lacambra vs. Glass et al
In the Superior Court of Orange County (California) there are 111 judges, 33 commissioners plus retired judges who take assigned cases. Every judge runs his or her own courtroom differently. That was a lesson I learned the other day. A few days ago I conducted oral arguments on five motions that First Team Real Estate had served on me. So, I entered Judge Banks’ courtroom confident that I would be allowed to argue my case. I was wrong.
The Tentative Ruling was posted outside the courtroom:
07CC11725 LACAMBRA VS GLASS
Tentative ruling: The unopposed demurrer by defendants Wilbert Lacambra, Anges Lacambra and Gilbert Lacambra as well as that of William Glass to plaintiff’s First Amended Complaint are sustained, without leave to amend, as each cause of action fails to state a claim. (CCP 430.10(e).) The court notes that although the moving papers addressed the allegations against defendants Angell and Chua, they are not moving parties and the demurrer is sustained as to defendants Wilbert Lacambra, Agnes Lacambra and Gilbert Lacambra only.
When I entered the courtroom, I had already lost my case. The phrase “without leave to amend” means that the court will not allow any modification on the First Amended Complaint. In effect, the whole case was already decided by summary judgment in favor of my opposition. And that was not what I was expecting.
Standing in front of Judge Banks – both my opposition to the left, I asked for an opportunity to present my opposition by oral argument. With a firm voice, he said in effect that he was not going to allow that. He pointed out the unfairness to my opposition if the outcome is contingent alone on my showing up. I pointed out my indigence and my inability to procure copies and stamps. But he would not take any of it. I pleaded and pleaded with phrases that came out of nowhere – “Your, honor this means a lot to me”; “There is nothing that brings more fear to me than bringing upon myself the displeasure of the court”; “Your honor, it will cost me $1.25 for my bus ride back and I only have $1.00 in my wallet.
But of all that was said, it was the quote from Susan Angell, my brother’s attorney, that stood out in all its shame. While in the throes of explaining my extreme predicament and the fact that I sleep in my car, she interjected “He drives a Mercedes Benz, your honor”. All I can do was look to my left where she was standing, shake my head in disbelief and utter the words, “that’s not true”. Indeed, it was a great lawyer trick designed to discredit all that I have said but nonetheless a lie. Every evening, I park a borrowed '99 Chrysler M300 on a commercial lot where I rest for the next day. I made a mental note - another ammunition I can use when I file my “Motion to Disqualify Counsel”.
During the arguments I pointed out that my other opposition, Fred Fletcher, had prepared his “Demurrer” on papers that did not conform to Court Rules. All court documents, except for “Judicial Council Forms” must have numbers to the left of the page for easier citing. Usually, when a paragraph or sentence is being quoted, the page number and line numbers are mentioned, which his papers lacked. In the end, Judge Banks ordered a two-week continuance on the case and required me to the file opposition by Wednesday.
I’ve actually sat in on "Law & Motion" hearings and one particular "Trial" presided by Judge Banks. I came away with the feeling that he has a genuine affinity for Trial Lawyers and appreciate the challenges these professionals face while advocating for clients. For me, he has been tough at times but on balance I sense it comes from a well placed desire for everyone who enters his courtroom to elevate the craft he has devoted his life to.
After the hearing, my mind was in flux – searching for a way to copy my next round of papers. I walked across the courthouse into the offices of the “Public Law Center”. I had recently emailed a person by the name of Peri Doshi-O'Neill and was informed that she was on maternity leave, thus explaining why she hadn’t responded. I then had a chance to talk to the Manager, Trish Leon, who agreed to let me make copies next week. I told her that I wish to volunteer in return and proclaimed my limited legal skills but pointed out my command of other languages – Filipino, which I speak fluently and Spanish, which I am conversant in.
So, for the time being, I can continue my fight. All is well in the Northern, Southern, Western and Eastern fronts. As of now, I am trying four cases and they are coming at me with guns blazing. History teaches Generals that opening multiple fronts can be disastrous.
My response: ATTACK!
