Judge Vega looked down from the bench at the very attractive Eliana and the even more beautiful, professional Angela. Memories of being overshadowed her whole life by her sister, the popular and sexually promiscuous Consuela, filled her with hurt and anger. None of which her poker face revealed.
“Counsel, I have a tentative ruling. Consider it in your arguments. I find that plaintiff cannot state a cause of action for intentional infliction of emotional distress, and that the Civil Code bars her causes of action for intentional infliction of emotional distress, assault, battery, gender violence and legal malpractice based upon defendant’s alleged sexual advances. I needn’t rule on anything else. Accordingly, I plan on granting Mr. Stockton’s motion for summary adjudication of issues on those claims. My inclination is to allow the fraud claim to proceed to trial.”
Kurt stood, suppressing his surprise and anger, and asked, “May I be heard first, your Honor, as your ruling goes against my client?”
Vega looked down at the handsome man who represented the beauty. A faint smile crossing her jowly face.
“Of course, counsel. Proceed.”
* * *
“Your Honor, all the causes of action should be allowed to proceed to trial. My client’s declaration and discovery statements directly contradict those of Mr. Stockton, thereby creating triable issues of fact on each cause of action. Moreover, Mr. Stockton has improperly edited and changed major portions of my client’s discovery responses and deposition statements. I’m sure I need not remind the court that credibility cannot be weighed in determining a motion for summary judgment or adjudication. That is for the ultimate trier of fact at a trial. Not now.”
“Your reminder is indeed unnecessary, counsel. My ruling assumes everything your client said is true. It just isn’t enough under the law, as I read it, to support the causes of action I’m dismissing.”
Kurt looked into on the steely eyes of the grotesque judge. Arguing the cases he had cited in his brief to the contrary would obviously be futile, but he did so nonetheless. Vega listened or didn’t. Kurt couldn’t tell.
When he finished, he sat down next to a confused Eliana who was discouraged and upset.
* * *
“Your response, Mr. Stockton?”
“My papers speak for themselves, your honor. Unless, of course, you have any questions for me on the fraud action.”
“No, it stands.”
“Yes, your honor.”
Gary was not happy, but knew when not to speak. Knowing when not to argue with a judge was as important, or more important to a trial lawyer, than arguing. Gary sat down straight and tall, sure of his victories. Accepting Judge Vega’s one adverse ruling on the fraud cause of action quietly was a calculated risk, one he had to take if he was to keep Vega on his side.
Judge Vega said, “Very well. My tentative ruling will be my final order, which I will confirm in writing to counsel for both sides. My clerk will set a trial date on the one remaining cause of action for alleged fraud.
“Your Honor, I move for a bench trial on that sole remaining cause of action,” Gary said, ripe with victory.
“Sounds good.” Judge Vega turned to Kurt, clearly favoring Gary’s motion, a time-saver for her. “Do you object, Mr. Townsend?”
“May I take a moment to confer with my client, your Honor?”
“Fine. We’ll take a ten-minute recess. Better ten minutes now than days of jury selection and related issues later.”
The judge went to her chambers.
* * *
Kurt took Eliana and Angela out to the hall and explained that their case had been eviscerated.
“Really? You sounded so smart.” Eliana started weeping.
“Thanks, but not all judges are smart. She left part of the lawsuit because she had to, and she figures we’ll settle now. Tactically she’s right. Most cases go away at this point. They settle and everyone calls it a wash.”
“This judge just got rid of everything that really mattered,” Angela handed Eliana a tissue. “But don’t we need a jury now? I don’t like her.”
“Not with just a fraud claim,” Kurt whispered. “Bad as she is, we’ll have a better chance with her than a jury there. She at least will understand the tricks lawyers play with bills. A jury never will.”
Kurt was primarily thinking of his lost billable hours on a week-long jury trial as opposed to a neat, efficient half-day bench trial. This thing was killing his paying billable hours. Plus, Dee had no soapbox left to stand on with Eliana’s favorable divorce settlement and the “sexy,” cutting-edge legal claims against this rogue divorce lawyer gone. Dee and Jim would move on to her multi-million dollar divorces of the Hollywood elite in “the industry” and the top one percent who ran L.A. Any fraud trial would be his to do alone. He needed to return to and refocus on his commercial litigation practice.
“But I think …” Angela argued.
“Angela,” Kurt glared at her. “It’s up to Eliana.”
“Me?” Eliana’s big brown eyes looked up at Kurt’s.
“Yes, do you want to testify in front of a jury? Men and women? Or just the judge?”
“A jury? With men?” Eliana’s eyes grew wide with fear and embarrassment. “I can’t. Not in front of men.”
“I understand,” Kurt said.
“Will there be other people in the courtroom?” Eliana looked doe-eyed.
“It’s a public place. Any one can come in.”
“Anyone?” Eliana wept again.
“But usually in a half-day trial day only the people involved are there. At least until the end. Then, lawyers and their clients come to wait for their matters.”
“I don’t know?”
Kurt took the lead, ostensibly to protect Eliana, but in reality to protect his career. “The bench trial will be easier on you.”
Angela said, “But don’t you think that—”
Kurt cut her off. “We’d better get back.”
* * *
“All rise,” the bailiff announced as Judge Vega took the bench.
When Eliana sat, Gary caught her red-eyed glance. He was victorious and empowered again. He swept his tongue salaciously over his lower lip and mocked a kiss.
Kurt wanted to punch him and Angela mouthed, “Pig.”
The judge saw Angela and slammed her gavel down. “Bailiff, escort that woman out of my courtroom.”
Angela left, eyes down, contrite and guilty.
Gary faced the judge, pleased with himself.
“Your Honor,” Kurt spoke up. “If it please the court, plaintiff has no objection to a bench trial.”
“Thank you, counsel. What are your time estimates.”
“Half-day, speaking for my client.” Kurt’s short estimate signaled Gary that Kurt viewed Eliana’s case as a loser—a fish gulping for air as it lay dying.
“That sounds right to me.” Gary smiled at the judge.
“See my clerk for a date and talk settlement before you appear for the trial. Given your time estimate, this case doesn’t fall under the case management rules and time schedules. We can schedule this one fast. That means you should try to settle quickly. We’re adjourned.”
Eliana went out to the hall to join Angela while Kurt and Gary got a trial date from the clerk.
Judge Vega had an afternoon free only a month out on August 29th. A summary judgment motion scheduled for that afternoon had been taken off calendar. The parties settled because of Vega’s reputation for injustice and abusing counsel until they settled—just as she was doing here.
Settlements meant less work for Vega, and a better-looking record for clearing her docket. If the parties didn’t settle a case in front of her, she found ways to punish both sides, especially the side she blamed as the biggest obstacle.
* * *
Outside the courtroom, Gary trailed the high-and-mighty Kurt’s entourage down the hall. He heard them whining about their loss.
“Too bad, Townsend,” Gary called. “Guess being a big-tim
e L.A. lawyer doesn’t get you a taco here in San Bernardino, eh? You and your deadbeat lying client.”
Townsend faced Stockton. “You’re a fraud, a low-life. No, wait! I apologize. You give them a bad name. You’re the lowest form of white trash. Now back off.”
Gary turned bright red. He wasn’t going to let this arrogant young fuck get the better of him in front of those damn classy bitches. He charged Kurt, raising his right fist.
Kurt had anticipated the effect of his words, and his football training kicked in. He watched the fat, out of shape pile of loose meat come for him and casually, but deftly, turned to the side.
Gary’s right arm struck air, propelling him out of control into a belly flop on the hard linoleum floor—his receding gray head bouncing as he hit.
For the first time in the course of this nightmare, Eliana found herself laughing uncontrollably.
Kurt smiled. “Don’t bother getting up on our account, Stockton.”
He escorted Eliana and Angela out the courthouse door.
The sheriffs at the security controlled courthouse door were entertained and had nothing to do or say—in point of fact, Gary’s belly flop was self-imposed.
⌘
Copyrighted Material
Chapter 41
The three drove back to L.A. in the numbing rush hour. Their amusement over the courthouse encounter with Gary lasted only a few minutes. It was crushed by the stop-and-go traffic and their loss of their case. As the loss set in, Kurt was forced to endure Eliana’s crying and Angela’s anger and accusations.
Kurt’s silent resentment mounted. He had been outmaneuvered by a thief, a womanizer, and, unbeknownst to him, a murderer.
He dropped the women off at their cars in the parking lot and went up to meet with Dee and Jim.
* * *
Kurt sat slumped in a chair in Dee’s office. “It was Armageddon. Vega knocked out everything but the fraud claim.”
“What?” Jim yelled. “There were clear issues of fact on everything. Did you freeze up? Concede anything?”
“Hardly, Jim. The hearing was a sham… a farce. Vega had a tentative ready and stuck to it.”
Dee asked, “Did you address ruling on the credibility of witnesses?”
“Of course, and I was so charming and obsequious in the process I made myself sick.” Kurt was a proven commodity in the courtroom.
“That I believe,” Dee said. “What’s up with Vega?”
“She sees this Stockton character around town and likes him. God knows why. He shuddered at a mental image” that invaded his mind. Plus, the trial obviously looked like too much work to our distinguished jurist here.”
Kurt recounted the hallway belly flop story. Dee and Jim were amused but then slid into their own one-on-one tactical conference, ignoring Kurt.
* * *
Jim leaned forward. “Vega knows a trial on one shaky cause of action is not cost-effective.”
Dee agreed. “She isn’t dumb, just prejudiced.”
“Against out of town, big firm lawyers.”
“And I’d bet attractive women,” Dee’s eyes flamed. “Female hag judges are dangerous.”
Jim was angry. “Our opposition was on point, succinct, and a winner. We can’t let this stand.”
“Agreed. The letch lawyer and biased judge have to be taught a lesson. If we don’t do it now then all the San Bernardino judges will think they can kill our cases.”
Jim suggested, “A motion for reconsideration or recusal for bias.”
“No … nothing she can rule on.” Dee turned to Kurt. “Why did you agree to a bench trial?”
“I got the feeling she’d find a way to dump the fraud cause of action too if I didn’t.” Kurt wanted both Eliana and the whole damn case to go away himself, so why not the judge? “Besides a San Bernardino jury would never understand accounting and padding bills.”
“Fair enough, but losing’s not the Payne way.”
Kurt made a show of rattling his saber. “Fine. What do we do?”
Dee announced. “We have one alternative. A long shot, but we need to try.”
Jim asked, “What’s that?”
“Challenge Vega’s ruling with a writ petition to the court of appeal, and ask for a stay of the trial until they rule on the writ.”
Kurt said, “I’ve never done one. But aren’t most of those summarily denied with no opposition required?”
Dee answered, “Yes, ninety-plus percent. But we’re going to be one of the exceptions. We’ll get all the dismissed causes of action reinstated. That’s our only chance crushing that San Berdoo hack judge.”
Jim added, “And advancing the law to make it malpractice for sexual predators like Stockton to force sex on women in exchange for their work.”
Kurt felt the surging pulse of the group going for a win again and the litigator in him took over. “I’m in. I’ll need samples and help if it’s going to have a prayer.”
Jim didn’t hesitate. “I’ll help. Your summary adjudication papers just need a rework into writ lingo.”
“Great.” Kurt’s half-day bench trial escape from Eliana’s clutches might disappear, but he salivated at the thought of kicking Stockton’s ass. If aggravation meant winning this one, so be it. To a star litigator, it was always about winning. Always.
Dee said, “Let’s get moving. We want to be ready to file this the day we receive the judge’s written ruling.”
Jim stood. “Agreed. Lightning-fast intimidating offense works for me.”
“Me too.” Kurt rallied.
* * *
Kurt headed back to his office. It was after eight p.m. A message sounded on his cell.
“Take out Chinese at my place? R.”
Kurt smiled and thumbed. “On my way.”
Regina sent back a heart and a smiley female face.
Kurt called Angela and begged off coming home to her and the Eliana specter always hovering.
For him, the only good part of the day was the night ahead with Regina.
⌘
Copyrighted Material
Chapter 42
After Gary’s victory in court but his physical humiliation in the hallway, he returned to his stucco fiefdom.
“How’d it go?” Vicky asked.
“I won, of course. Lies. All lies.” Gary strutted past Vicky into his office.
She stared at his closed door.
Lies? How could the judge be so stupid, she thought. A woman judge, too.
Then, Vicky buried herself in in her work—preparing to mail out more of Gary’s inflated and fictionalized billing statements.
She knew where her bread was buttered. She was happily married and never went looking for it anywhere else. She had convinced herself that Gary’s female clients did.
After all, she thought, it takes two, doesn’t it?
* * *
Gary drank some scotch to celebrate. He was pissed about the linoleum floor incident, but his victory far overshadowed that.
Too bad the fraud cause of action’s left, Gary thought, but with Vicky’s well-honed billing records they’ll never prove it up.
As Gary relaxed, his dread of going home to that fat-ass Mary and her trivial pursuits intensified.
He called her. “I’m sorry, but this new client with big problems needs quick action. Don’t stay up for me.”
That done, he told Vicky to close up.
Then, he drove to meet his “new client”—Ye Olde Lamplighter, a great local steakhouse. He treated himself to a table with the new and youngest waitress who traded giggles and cleavage for tips. With salacious glances, he stripped the little waitress down to the nothing as he downed a shrimp cocktail, a prime rib dinner, and three single malt scotches.
Satiated, scotch high, and feeling very lucky, he headed over to the Phoenix. He played craps and, to his surprise, his luck of the day held. He won a couple of hundred bucks and drank for free.
Damn, I’m good today, he thought to himself, driving home at
midnight.
Mary had gone to bed. He enjoyed a nightcap and joined her as quietly as possible. She was snoring and snorting in a deep, deep sleep.
His head hit the pillow and he passed out. Not even her snores would bother him that victorious night—anesthetized with scotch.
* * *
The trial was less than two months away. Gary and Mary celebrated the Fourth of July at the club barbeque as usual, with his kids and their progeny. Gary liked taking his grandchildren to the kiddie pool where protective young mothers bent over in thongs.
Kurt, on the other hand, spent the entire long Fourth of July weekend drafting preliminary writ papers, the petition, request for a stay, and a basic brief to be filed later. Regina devoted the long weekend to her work also—and to Kurt.
* * *
Early on Tuesday, July 6th a two-page written order arrived at Kurt’s office from Judge Vega. It mirrored her tentative and oral rulings.
When Jim read the order, he just shook his head. Vega had intentionally misread the law. She had clearly weighed the credibility of the parties and disregarded everything Eliana had said.
Jim’s adrenaline pumped as he helped Kurt wrap up the writ petition papers to file with the Fourth District Court of Appeal in Riverside, the appeals court with jurisdiction over the case. They took them to Dee for her signature and final review.
* * *
Dee scanned them with practiced eyes. “Great job. File it. It’s a winner, given we’re assigned a decent appellate panel.”
Kurt said, “At least the panel will have three justices to self-police each other and not one slug like Vega in total control.”
Rogue Divorce Lawyer Page 18
