Judge Criticizes Lawyer in Case Alleging Corruption at California State Bar
America ı By Rochdi Rais
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The defendants' joint demurrer sought to toss the entire suit without leave to amend, arguing, among other things, that only the California Supreme Court has jurisdiction over attorney discipline issues.
Judge Rice did not make his tentative ruling publicly available ahead of Tuesday's hearing, but said that it went almost entirely against the plaintiffs. Although the judge also told Osborne that his absence was not "the end of the world," he continued to criticize the attorney throughout the proceedings on his absence.
"I don't want to make any assumptions," the judge said at one point when asking if Osborne still wanted to submit on the tentative. "You made an assumption, which was the wrong one."
After Osborne said he was submitting on the tentative, Kevin Gilbert of Orbach Huff & Henderson LLP, representing the bar, told the judge that all the claims should be dismissed without leave to amend the complaint, arguing, among other things, that it "infringes" on the power of the California Supreme Court and could lead to conflicting rulings if the court found there was no basis for the bar to have disciplined Girardi but the high court finds there was.
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