I slept very little last night rehashing the events at the Shea/Gough hearing yesterday that effectively terminated my lawsuit. I went through the events at the hearing and created what if scenarios in my head to try to pinpoint where it could have gone wrong. Then, I remembered all the events that were out of the ordinary and deviated from all the hearings I’ve participated where a temporary judge heard the matter.
The first thing I did was consult the “CA Rules of Court” (Rule 2.816) to determine whether or not there were any irregularities or mistakes made by the court during the hearing. To begin with, a temporary judge by the name of Judge Robert D. Monarch heard the matter without prior notice. The court rules are very clear about the procedures relating to hearings presided by a temporary judge.
It is the court’s responsibility to provide notice to parties when a temporary judge presides over a hearing. The notice have to be made either by posting a conspicuous notice inside or outside the court. It should be accompanied by oral notification or notification by audiotape by a court officer on the day of the hearing. Finally, a written notice must be provided to each party.
It is my recollection that neither a written notice of any form nor a verbal announcement to such effect was made in court. In all the hearings I’ve participated where there was a temporary judge, I was asked to either stipulate by signature and submit to the ruling or wait for the assigned judge to return. In this particular hearing, I did neither giving me the grounds by which to challenge the ruling.
There is a distinct possibility that Judge Monarch may have overlooked certain facts that Judge Makino would not. This case has been on docket for several months now and both parties have since submitted a number of briefs. To jump in the middle of the case without the benefit of reading all the briefs, motions and oppositions could settle a matter erroneously. So, this weekend, my job is to draft an opposition to the ruling and try to reverse the outcome. I’ll file my papers on Monday and will let our readers know what occurs.
The war has not been lost. The fight for justice continues!
