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Wednesday, October 14, 2009

Appeals Court Gets It: Lower Courts Have Been Corrupted

On Summary Judgment, Judge Gets a Spanking
The Recorder by Mike McKee - October 13, 2009

It isn't a good sign when an appeals court refers to a lower court's "ruling" in quote marks as if it's not worthy of the term. But that's exactly what San Francisco's 1st District Court of Appeal did -- three times -- Friday in reversing a "ruling" by San Mateo County Superior Court Judge Marie Weiner in an overpapered case featuring 5,415 pages of briefs. "The incredible volume of material here simply has no place in a system where overburdened trial courts labor long and hard," Justice James Richman wrote in a published ruling in Nazir v. United Airlines Inc., A121651. Richman, along with Justices Paul Haerle and James Lambden, said Weiner was "manifestly wrong" in sustaining "without explanation" 763 of the defendant's 764 objections to plaintiff Iftikhar Nazir's evidence in a suit alleging harassment and retaliation based on ethnicity.

"What apparently happened," Richman wrote, "is that the trial court did not read all the papers, shown, for example, by the facts that it sustained 'objections' to evidence where no objection was set forth and saw a 'physical assault' ... despite all the evidence of 'arm wrestling.'" Not reading papers "cannot be condoned," he added, but could possibly be "understood" considering the sheer volume of papers filed by both sides. Richman noted that the summary judgment process has come under criticism in cases where courts have made findings "properly reserved" for trial and required employees to essentially "prove their case" at the summary judgment stage. "Here we confront the poster child for such criticism," he wrote, "in a case involving what may well be the most oppressive motion ever presented to a superior court." Pointing out that the defendant's moving papers for summary judgment were 1,056 pages and the plaintiff's response three times that length, Richman called the record "the likes of which we have never seen -- not here, not in the combined 11 years of law and motion experience of the members of this panel." "Suffice to say that there is plenty of blame for the 'girth' the trial court criticized," Richman wrote, "most of which, we conclude, lies at the feet of the defendants." Richman criticized United's lawyers for filing a "defective separate statement" and, in a footnote, pointed out that the airline's lead counsel had been faulted for the same thing in a 2004 6th District ruling. Listed as United's lawyers in the 1st District case were Littler Mendelson partners Philip Ross, Nancy Pritikin and Kurt Bockes. The plaintiff was represented by Philip Horowitz and Moira McQuaid.

15 comments:

Anonymous said...

Maybe the California appeals court should have a little chat with the 2nd circuit, NY's 4 state appellate courts and with the NYS Court of Appeals.....

Anonymous said...

Summary judgments just protect corrupt defendants from a trial. This is a NY specialty.

Anonymous said...

Second time around in federal court...and I have yet to be deposed...and it is going on 5yrs...upstate NY.
I WISH I could get to summary judgment...it would show progress at least.

Had a case in 1993..took 4 yrs...related case totally the same incident and it started in 2005...now going on 5yrs in Nov...and cannot get by discovery and depositions......how did Anderson do it all in 2 yrs?

Hmmmmm.....do you think OCA is afraid to proceed with their guilt because they know I have extensive secrets regarding the entire operation? OCA should have settled when I "kindly" offered them that opportunity in 2007..but they dared me to prove they committed crimes and that the lies they used were just my word against the employees who committed perjury.

Should anyone have to suffer brutally for 20 yrs working excellently on the public payroll.... in a civil service job...IN A COURT SYSTEM?


A polygraph would settle it all OCA...interested....I certainly am!Ask away...no subject is taboo!

The truth not only prevails..but it exposes your internal activities...so I will wait for your response or that of any of you administrators...let's prove who was screwed and who can show federal court the way and means you used to destroy the constitution, commit horrendous crimes and destroy lives...that is if federal court is interested in allowing the information to be revealed!

Call me...and not on that wiretapped device you setup...I have someone CHECKING THAT OFTEN!

Anonymous said...

they are probably passing around fake information to the judges as to your mental stability, that is why you are not getting proper legal/judicial help.....

that is what they do
that is how they get away with it
it is all done behind your back

Anonymous said...

and if you call the FEDS they threaten you............
hey FEDS my lawyers lied to you!

Anonymous said...

and if you call the FEDS they threaten you............
hey FEDS my lawyers lied to you!

Anonymous said...

Summary Judgements are used to protect corrupt lawyers....

to try to bury their malpractice...

Anonymous said...

lawyers also pass around fake paperwork from any other case you may have had, they falsify the facts to make it look like it is you all based upon false information provided by lawyers.....
great game guys and may you burn in hell for your endeavors!

Anonymous said...

for lying to FEDS and judges may you burn in hell even more!

Anonymous said...

thank you for telling the
OCA and affliliates to stick it...
now everyone knows the tactics.....
and it is a pattern!
it all sounds like a conspiracy, but how do people know private information if you have not told anyone............
hey Maziarz, send your scouts in again and I will expose you!
nice to know it is those who do not produce jobs,
it is those who take the taxpayers money/use the courts for their own politicial agenda

Anonymous said...

OCA HAS NO MENTAL RECORDS RELATIVE TO ME...THE ONES THEY ATTEMPTED TO GATHER FOR THE 90'S CASE BLEW UP ON THEM, WHEN THE "STATE" DR TESTIFED ON MY BEHALF ENTIRELY.

The information I have now and always have obtained....was through sources that OCA will never be able to trace..as they incorrectly believe that OCA employees supplied that material and irrationally fired 3 people that supported me in truthful testimony.

The information they are passing around and the false charges they used to fire me.... were a product of their wiretaps, that of strong and POWERFUL political family friends and connections to the judge removal of the 90's and their false statements created as a vendetta for the CJC'S insertion of sexual harassment in their code of conduct..... as a reult of that case.

I beleive and have seen personally..... a large number of judicial administrators and judges participate with perverted and illegal sexual force through their superior positions, as they subsequently participate in activities upon loose and vulnerable female employees and judges, which have developed into relationships with them in positions as subordinates.

All of this craziness occurs within the workday on taxpayers time..... and is blatantly against the rules of the NY STATE chief judge , the CJC and the federal civil rights act of 1964.

Supervisory promotions are exclusively obtained through this method (sex with high level members of the sitting judiciary et al) which has led to serious poor quality judicial management, extending to powerful hostile environments using their connections for illegal actions and protection..... and has created this method as the sole system for getting ahead within OCA!

IF IN FACT OCA DENIES THESE FACTS...then let them come forward to take a polygraph and prove my long time information, facts and accusations ... are the lies they maintain I am presenting and the testimony they presented and documents they served under forced are the accurate version...as they have asked for no discovery from me, and their submissions exist as heavily redacted .... and are exclusively as they maintain....the words of a liar who has a vendatta!

I am telling the world that reads this blog...OCA is guilty of perjurous statements and criminal activity and I remain willing to stand against them, as we hire a mutual polyagrapher.

I hear silence and the affidavits I recently served accusing them of multiple criminal behaviors....with named sources ..remain quietly unaddressed.

Anonymous said...

so I am guessing the reforms were b.s.??

http://www.nycourts.gov/ip/womeninthecourts/index.shtml

Anonymous said...

the criminally insane take any reform any law and abuse that law,
that is why they do
that is how they violate others rights, if they get caught, they continue to lie and falsify information to stifle the innocent

Anonymous said...

The alleged reform Kaye instituted relative to women and minorities in the courts.... was a setup to exclusively allow political and judicial families to hire more female employee connections to supervisory or executive blah, blah, blah positions.... at high and six figure salaries....to boost the numbers of these minority groups to FOOL the unaware public, into believing that the NY state judicial system hires these people willingly and not only to comply with the law.

I know I worked there forever...and all non-political employees in these categories were abused on a continuous system...unlike all male employees who were catered to always..political or not.

OCA and KAYE are frauds and never had intentions of curing judicial bias and prejudice... from my first hand observations from top connections and communicating this travesty to those at the bottom!

Anonymous said...

OCA...what no offer of a mutual polygraph?
I guess your guilt prevents such an offer...so the only determination can be that I am telling the whole truth and you are telling complete lies!

THE NY STATE OFFICE OF COURT ADMINISTRATION is a criminal conspirator, with perjury as their weapon...and they refuse to prove those allegations are not true.

Their only option is to influence federal court, and have them state I am wrong...which if it happens...does not prevent the truth from being revealed to all...but this time with proof and detail...that is in the hands of outside sources and cannot be derailed.

Blog Archive

See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
               The June 8, 2009 hearing is on two videos:
         
               CLICK HERE TO SEE Part 1
               CLICK HERE TO SEE Part 2