“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.
