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Dean Barbieri

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Dean Barbieri — Dean, John F. Kennedy University School of Law — Heryby Asked to Assess the Veracity of Statements Made by Jill Sperber of the State Bar of California

CalALL_Dec2008Newsletter

http://d1.scribdassets.com/ScribdViewer.swf

Jill Sperber
Ms Jill Sperber of the State Bar of California

In reply to a complaint concerning, among others, unsettling financial transaction involving the California Bar Foundation and CaliforniaALL, Sperber wrote:

“No Bar or Foundation funds were used for CAAL creation (AKA CaliforniaALL – by TLR). The State Bar had no involvment with CAAL once it was incoparated and operating.”

“The State Bar Foundation served as CAAL’s escrow holder only to hold fundraising funds before its formal incoparation. Once CAAL was formed as non-profit entity, the funds were paid over to it.”

“Several of the informational items that you list are not factually accurate: to wit, that 1 – CaliforniaALL and the State Bar are bussiness partners. 2- a sub-rosa transfer of funds from the State Bar to CaliforniaALL took place.”

Below, an image which reflects part of the communication, for a complete copy, please see HERE.

Jill Sperber Reply

 

Contrary to Ms. Sperber’s position, California Bar Foundation (which is owned and controlled by the State Bar of California) acknowledged in its annual report a transfer of $769,247 to CaliforniaALL, see below:

Similarly , below is an image which reflects State Bar of California Foundation (DBA California Bar Foundation) IRS Tax-Return showing a transfer of $774,247 to CaliforniaALL.

 

 

Likewise, and notwithstanding Sperber’s fraudulant assertion that “The State Bar had no involvement with CAAL once it was incorporated and operating.” State Bar of California own records provide the State Bar was responsible for designating, appointing, as well as re-appointing some of CaliforniaALL’s board of directors. See below an image which relfects a meeting agenda of State Bar of California Board of Governors.

 

 

 

Moreover, Sperber’s claim that “The State Bar had no involvement with CAAL once it was incorporated and operating” is clearly false as State Bar of California own executive-director (Ms Judy Johnson) served on CaliforniaALL’s Advisory Council alongside Judge Morrison England. See below:

California ALL Advisory CouncilCalifornia ALL BOD

 

Jill Sperber of the State Bar of California further wrote:

“Several of the informational items that you list are not factually accurate: to wit, that 1 – CaliforniaALL and the State Bar are bussiness partners. 2- a sub-rosa transfer of funds from the State Bar to CaliforniaALL took place.”

As we previously mentioned on TLR, other than in Foundation tax records and a 2 by 2 inch blurb in its 2008 annual report, the State Bar contribution was never mentioned again ? not by the State Bar itself, not in the Cal Bar Journal, not in the Foundation’s “newsroom,” and not by anyone or any publication of CaliforniaALL. See below, California Bar Foundation’s Newsroom, which made no mention of the “hush-hush” sub-rosa transfer to CaliforniaALL

Foundation News Room 2008 - Copy

 

In 2008, serving as President of the Foundation was Mario Camara. A joint letter published and signed by Camara and Hatamiya also made no mention of the hush-hush transfer. Wasn’t Mr. Camara proud of it, just like he was proud of other money which went to support “pipelines?” After all, CaliforniaALL was also intended to support “pipelines”. See below:

Mario Camara 2008 Foundation - Copy

 

Below an image taken from CaliforniaALL own newsletter which alludes to the fact that the State Bar of California is a “Founding Partner” of CaliforniaALL. As such, the denial by Jill Sperber that CaliforniaALL and the State Bar of California were not partner of each other is false.

Stingy with credit and despite the transfer of close to $780,000 from the California Bar Foundation to CaliforniaALL, only utility companies are listed as “Founding Funders.” See below:

 

 

 

For a complete set of the above described sources, please see @:

http://tinyurl.com/79qba29

 

Motives behind above fraudulant claims by Jill Sperber, please see @

http://lesliebrodie.blog.co.uk/2011/11/23/voice-of-oc-orange-county-s-nonprof…

AND @:

http://lesliebrodie.blog.co.uk/2012/03/18/antics-by-state-bar-of-california-c…

 

Oh what a tangled web we weave,
When first we practise to deceive!

Sir Walter Scott, Marmion, Canto vi. Stanza 17.
Scottish author & novelist (1771 – 1832)

 

No Man Is Above The Law

John Keker of Keker & Van Nest

Dean Barbieri — Nefarious Outgoing Mayor of Piedmont, Californian — feted with commendations and gifts from the state Senate, state Assembly, Alameda County Board of Supervisors, City of Piedmont staff and new Mayor John Chiang.

Dean Barbieri — Nefarious Outgoing Mayor of Piedmont, Californian — feted with commendations and gifts from the state Senate, state Assembly, Alameda County Board of Supervisors, City of Piedmont staff and new Mayor John Chiang.

Please see @:

http://piedmont.patch.com/articles/new-and-returning-city-council-members-are…

 

 

Nefarious Dean Barbieri — Mayor of Piedmont California — to Exit Office

For Mayor Dean Barbieri, this will be the last city council meeting in his official capacity. Barbieri served two terms on the council and thus was not eligible for re-election.

Partial List of Endorsements for Nefarious Dean Barbieri

Partial List of Endorsers

Former Piedmont Mayors

Michael Bruck
Alice Creason
Art Flegal
Katy Foulkes
Susan Hill
Milt Kegley
Craig Lundin
Valerie Matzger
Nancy McEnroe
Ted Normart
Al Peters
Skip Rhodes
Patty White

Campaign Co-Chairs

Grier Graff
Valerie Matzger

Campaign Treasurer

John Chiang

Campaign Committee

Mons Cedercreutz
Don Eidam
Sherry Felson
Lance Fong
Abe Friedman
Kim Lally
Lindsey Meyersieck
Anian Tunney
Patty White
Cameron Wolfe, Jr.

Community Leaders and Volunteers

Tracy and Dennis Albers
Carl and Margo Anderson
Mark and Robin Anderson
Pete and Barb Anderson
Rennie and Jerilyn Babington
Lauren, Dana and Ryan Barbieri
Barry Barnes
Diane and Charlie Bates
Nancy Bates
Pam and John Bedbrook
Steve and Ellen Beilock
Josh and Allison Bernstein
Carla and Ken Betts
Cheri and Mike Betts
William and Mary Jane Betts
Ted and Beth Birr
Jeff Bleich
Tom and Mary Bowman
Carol and David Brown
Eugene Brown, Jr.
Carolyn Bruck
Julia and Bruce Burke
Ted and Rosemary Buttner
Bill and Bunny Caldwell
Mary and Dick Carter
Pam Cedercreutz
Jeff and Roberta Cereghino
Cedric Chao
Kay and Bob Cheatham
Maggie Chiang
Pam Cocks
Bob and Dana Cole
Bob and Jinny Cole
Diane and Bob Coleman
Mary and Mike Conn
Katherine Cooper
Kelly Corrigan and Edward Lichty
Bim and Pat Coyle
Janet and Sheldon Crandall
Jane Cullinan and Cal James
Michael and Joyce Cusick
Mark Davis and Noemi Alvarado
Alanna and Jack Dittoe
Kenny and Sandie Dorman
Lee Emerson
Claire and Vincent Faughnan
Joe Felson
Elliot and Shelley Fineman
Peter and Alicia Fishel
Barbara Flegal
Ken and Sonja Floyd
Perry and Cynthia Foster
Dave Foulkes
Dana Fox
Alex and Anne Marie Frasco
Susan and Peter Freeman
Jennifer Friedman
Pam and Dave Fullerton
Cathie Geddeis
Mary Geong
Hedi and Paul Gerken
Cathy and Mark Glazier
Linnea Graff
Bill Gisvold
DJ Grubb
Marella Guigou
Brooke and Steve Guiney
Russ Hafferkamp
Matthew and Margaret Heafey
Ann and John Healy
Muriel and Vic Hebert
Tamra Hege
Frank and Michele Helm
Susan and Jerry Herrick
Paula Hess
Peter and Debra Hooberman
Linda Huber
Cindy and Doug Hubert
Joan and Bob Hughes
Kathy Hull
Mike and Dale Humphries
Jane and Bert Inch
Richard and Nancy Jacobs
Wayne Jordan
Bill and Chipper Joseph
Scott and Judy Kail
Fred and Beth Karren
Larry and Debbie Kelley
Kevin and Mary Anne Kennedy
Jim and Patty Kennedy
Jerry and Jan Kennelly
Jan and Randy Kessler
Bill and Molly Kinney
Dana and John Kirby
Tracy Kirkpatrick
George Lagusis
Bob Lally
Anne-Marie Lamarche and Mark Menke
Gayle and Scott Lambert
Gail and Glen Lau
Chris and Kim Lavdiotis
John and Nancy Lenahan
Robert and Jane Lee
Jacqueline Leventhal
Matthew Lifschiz
Ward and Elaine Lindenmayer
Elise Lomenzo and John Holmgren
Dana and Paul Low
Mark and Kerri Lubin
Ann and Bob Lyman
Chris Lundin
Tom and Derry MacBride.
Mary and Terry Macrae
Clarence and Karen Mamuyac
Ed Manburg
Don and Dale Marshall
John Matzger
Bob McBain
Hunter and Susan McCreary
Denny and Ruth McLeod
Glen Melnik
Kenny Meyersieck
Katie and Ken Millhiser
Bill and Maureen Molmen
Andy Monach
Craig and Kathy Moody
Zelie and Jack Myers
Paul and Catherine Nancarrow
Yukiko Nishimo Adams
Carol and George Nobori
Jim and Deb Obendorf
Judith and Richard Oken
Eddie and Amy Orton
Don and Mary Ann Parachini
Kathy and Kent Penwell
David and Angie Perez
Roseanne and Ray Perman
Barbara Peters
Bill and Nancy Peterson
Bug and Ed Peterson
Bruce and Carol Pollock
Genevieve Power
Robert Phelps
Norman and Carol Quan
Jim and Cindy Rafton
Ann and Dave Rapson
Ken Rawlings
Linda and Tom Reddy
Marcia Redford
Mary Lou and Straty Righellis
Randy Rogers
Karen and Vic Rollandi
Pat and Mike Ruffolo
Barbee Rubenstein
Walt and Barbara Ruxton
David and Karen Saenz
Guy and Jeanine Saperstein
Arun and Rummi Sarin
James and Lynn Saunders
Vince and Michelle Saunders
Mindy Scott
Horton and Betty Shapiro
Howard and Miyuki Sheppard
Josephine Shuman
Betty and Mark Simpson
Rad and Alissa Small
Chris and Christine Smith
Jim and Suzi Soper
Shirley Soper
Herb and Audrey Stansbury
John and Peggy Stock
Dee Dee and Reg Street
Bobbe and Jack Stehr
Zook Sutton
Robin and David Sweet
Scott and Sharon Swimley
Clark and Pam Thiel
Rich and Barbara Thompson
Lockey Todd and James Guitteau
Larry and Ann Tramutola
Linda and Jeff Trowbridge
Peter Tunney
Bob and Deborah Van Nest
Andrea and Jean-Pierre Viel
Helle Vistisen and David Berger
Lee and Fernando Viteri
Colin Wong and Valerie Smith
Michael Vanderbyl and Anna Hernandez
Marilyn Waller and Doron Weinberg
Nancy and Mike Walsh
Cal and Nancy Walters
Nancy Wever
Dan White
Jeff and Jean Wieler
Mary and Ned Wood
Fritz and Mary Wooster
Fran Wolfe
Jan and Bruce Wolfe
Jean Wolfe
Joe and Jere Yarris
Allan and Nancy Zackler
Stephen and Jan Zovickian

Full Biography for JFK Law School Dean — Dean Barbieri (TLR Note 1-Barbieri a Democrat 2- Confederate of John Chiang, Geoffrey Brown and Judy Johnson 3- Notice Graduate of USF — APIA-Catholics Alliance 4- Highly Nefarious)

Full Biography for Dean Barbieri

Candidate for
Council Member; City of Piedmont

This information is provided by the candidate

27 Year Piedmont Resident. 27 Years-Married to Karen Ruxton Barbieri, 52 Year Piedmont Resident. 3 Children, Lauren (24), Dana (22) and Ryan (18) each educated in the Piedmont Schools K-12. 1980-Present, California licensed attorney 1989-Present, American Arbitration Association, Panels of Arbitrators and Mediators (Successfully resolved over 300 litigation matters through arbitration and mediation.) 2001-Present, Director for Examinations, State Bar of California, responsible for development of California Bar Examination administered annually to over 12,000 applicants. Past President, Richmond, California Rotary Club 1977-UC Davis, BA in Political Science/Public Service 1980-University of San Francisco, Juris Doctorate

John F. Kennedy University College of Law’s Geoffrey F. Brown Under Scrutiny In Re Judy Johnson’s CCPF and “Briibing Pat”

Geoffrey F. Brown (AKA Geoff Brown) — a former commissioner with the California Public Utilities Commission (“CPUC”), is under extreme scrutiny in matters relating to “Bribing Pat” and Judy Johnson’s CCPF, The Leslie Brodie Report has learned.

As was reported earlier, a red flag has already been raised over Brown due to the overall circumstances surrounding sham entity CaliforniaALL.

Confidential sources familiar with the situation now maintain an additional red flag has been raised over Brown due to the overall circumstances surrounding dubious entity California Consumer Protection Foundation (“CCPF”), headed by Judy Johnson.

Johnson, who until recently served as the Executive Director of the State Bar of California, secretly headed CCPF for the past 7-8 years.  During this period, she used her “clout” as the head of the agency to arrange for “cy pres” from class action settlements, as well as fines and settlements imposed by the CPUC on utility companies, totaling close to $30 million to be funneled to CCPF.

Geoffrey F. Brown

Mr. Geoffrey Brown, professor of law at JFK School of Law. Between 2001 to 2007 served as Commissioner with the CPUC. From 2006 to 2009 Brown serve as director with the State Bar of California Foundation (DBA “California Bar Foundation”). In 2008, California Bar Foundation quietly transferred $769,247.00 to sham entity CaliforniaALL which obtained additional 1.5 Million from utility companies.  In reaction to complainant’s request for an inquiry to the State Bar of California Board of Governors, Brown immediately, as though bitten by a snake, threatened to file legal action even though the communication with the BOG was absolutely privileged and justified, and only made mention of Brown in passing.(Image:courtesy)

Sources also maintain Brown is also under heavy scrutiny in matters involving the overall circumstances surrounding Golden Gate University, Peter Keane, Patrice McElroy and the failure to disclose the relationship between GGU Professor Geoffrey Brown and State Bar’s Judy Johnson’s CCPF.

During a hearing presided over by Judge McElroy, she disclosed that Peter G. Keane — who was then Dean of Golden Gate University School of Law and was representing an adverse witness (Ms. Sara E. Raymond) — had been her supervisor when she was previously employed as an assistant Public Defender.

Clipboa - Copy

However, Judge McElroy failed to disclose that at or about the time the hearing in question was taking place, she accepted as a gift from Mr. Keane an overseas trip.

Clip - Copy

Cl - Copy
Even more troubling is the fact that at or about the time the trip took place, Golden Gate University and the student in question were in the midst of litigating a civil case the student had filed in San Francisco Superior Court.

 

CaliforniaALL Part 20: Conveniently Intertwined, Part 3 – The Leslie Brodie Report

Joe Dunn Voice of OCCal Bar Judy Johnson Gwen Moore Bio Howard Miller and Thomas GirardiRuthe Ashley BioMOFO Voice of OCGeoffrey Brown Peter Arth Jr.

CALIFORNIA ALL PART 13(a): JUDGE AND MRS. MORRISON ENGLAND; SARA GRANDA VS. STATE BAR OF CALIFORNIA

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between Ruthe Ashley (a Diversity Officer at CalPERS and Vice President of the State Bar of California) and Peter Arth, Jr., Chief of Staff to CPUC President Michael Peevey. Also present at that meeting was Professor Sarah E. Redfield.

CaliforniaALL’s alleged purpose was to award grants to entities that would increase minority participation in the “pipelines” that feed into various industries, such as finance, technology, and law.

California ALL DLA Piper Reception On January 27, 2009 DLA Piper’s Gilles Attia and the Office of Assembly-member Mike Davis co-hosted a reception honoring California ALL at the Tsakopoulos Galleria in Sacramento. Bottom (left to right): Ruthe Ashley; Judge Morrison England and Mrs. Torie Flournoy-England; Ruthe Ashley, Gilles Attia, News 10 Presenter Sharon Ito, and Assembly-member Mike Davis. Top right is Karina Hamilton. Mike Davis, an ally of former assembly-member Gwen Moore and Karen Bass, is the vice-chair of the Legislative Black Caucus, member of the Assembly Committee on Utilities and Commerce, and the Chair of the California Assembly “Select Committee on Rail Transportation.” DLA Piper’s Gilles Attia is the corporate counsel of Wireless Rail Network (Wi-Fi Rail)– a high-speed broadband wireless provider with specific focus on commuter rail lines and WiFi on trains. Around 2008, Wi-Fi Rail was in negotiation with BART (Bay Area Rapid Transit) to provide lightning-fast Internet connections for thousands of daily commuters. (Photo:courtesy)

Donations to CaliforniaALL came primarily from utility companies (including AT&T, Sempra Energy, and PG&E). In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million, including an unusually large sub rosa contribution of $780,000 from the State Bar of California Foundation in 2008.

CaliforniaALL was abruptly dissolved in July 2010.

JUDGE AND MRS. MORRISON ENGLAND

U.S. District Court Judge Morrison England
Hon. Morrison C. England, born 1954 in St. Louis, Missouri, received a B.A. from University of the Pacific in 1977 and a J.D. from University of the Pacific, McGeorge School of Law, in 1983. He was in private practice in California from 1983 to 1996 and served as a judge on the Sacramento Superior Court for the State of California from 1996 to 2002. In 2002, England was appointed to serve as a federal judge for the United States District Court for the Eastern District of California, located in Sacramento, California.

Serving on the board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) were Torie Flournoy-England, the esteemed and educated spouse of a Sacramento- based federal judge, Hon. Morrison England.

Judge Morrison England, as well as then-State Bar of California Executive Director Judy Johnson and State Bar employee Patricia Lee were part of CaliforniaALL’s Advisory Council. See below.

California ALL Advisory CouncilCalifornia ALL BOD

Sara M. Granda v State Bar of California (2009 cv 02015)


Ms. Sara Granda. It is easy to imagine Sara Granda in a courtroom, questioning witnesses, challenging the opposition, and fighting for justice with the force of her large personality. A ventilator, which she needs to breathe, would hang from the back of her wheelchair. An assistant would help her flip through files, since she cannot move her hands or arms. When she approaches the bench, Ms. Granda would maneuver her chair using her tongue. “So much of what happens in the courtroom is theater,” says Ms. Granda, 29, who has lived out her own drama since she became paralyzed from the neck down at age 17. “I’m not sure how much time I will spend in court as an attorney. But I know I could do it.” (Photo and Narrative Courtesy of www.alldeaf.com)

In May 2009, Granda graduated from U.C. Davis School of Law and, like most of her peers, hoped to sit for the July 2009 bar exam.

California’s Department of Rehabilitation paid the $600 bar exam fee with a check, and Granda was assured that she was properly registered. However, the State Bar of California’s Office of Admission, headed by Ms. Gayle Murphy, never processed Granda’s application because the Department of Rehabilitation paid the $600 fee with a check, rather than a credit card.

The State Bar of California did not relent, and neither did Granda.


Governor Arnold Schwarzenegger (Courtesy CNN)

Local and national media expressed outrage after the situation gained publicity as a result of statements by Governor Schwarzenegger, who publicly stated: “It is outrageous that someone who has overcome so much in life is penalized by a bureaucratic error that prevents her from taking the bar exam. Government should work for the people, not against them and I’m calling on the state bar to allow Sara Granda to take next week’s test. Sara is a fighter and I am with her all the way.”

Robert Hawley

Robert A. Hawley, State Bar Deputy Executive Director and an adjunct ethics professor at McGeorge School of Law, stated to the Sacramento Bee:
“It’s a high-tech process, and people need to maneuver it successfully, and we can’t be in the business of helping any one person out with it.” Hawley continued: “That takes us down a path that ends up in a place we don’t want to be. How do you then choose which ones to help and which you don’t?”

“I worked very, very hard for every cent,” Granda stated to the local media. “So for everything to come together in the end and for it to just kind of fall through on such a minor, minor detail.”

True to her spirit, Granda filed an action in federal court seeking an order directing the State Bar of California to allow her to take the fast-approaching bar exam.

The case was assigned to the courtroom of Hon. Morrison C. England, the husband of California ALL board member Torie Flournoy-England who, together with State Bar Executive Director Judy Johnson, served on CaliforniaALL’s advisory council.

Making an appearance and vigorously contending that the federal court had no jurisdiction over the State Bar of California was Mr. Mark Torres-Gil of the State Bar office of General Counsel, the same office that drafted the partnership agreement between CaliforniaALL and the State Bar of California.

In addition to Mr. Torres-Gil, the State Bar of California also retained the services of a private law firm — Kerr & Wagstaffe.

To be continued.

CALIFORNIA ALL PART 13(a): JUDGE AND MRS. MORRISON ENGLAND; SARA GRANDA VS. STATE BAR OF CALIFORNIA

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between Ruthe Ashley (a Diversity Officer at CalPERS and Vice President of the State Bar of California) and Peter Arth, Jr., Chief of Staff to CPUC President Michael Peevey.  Also present at that meeting was Professor Sarah E. Redfield.

CaliforniaALL’s alleged purpose was to award grants to entities that would increase minority participation in the “pipelines” that feed into various industries, such as finance, technology, and law.

<img src=”http://data6.blog.de/media/201/5550201_701f880cde_m.jpeg” alt=”California ALL DLA Piper Reception” style=”margin:5px;” />
On January 27, 2009 DLA Piper’s Gilles Attia and the Office of Assembly-member Mike Davis co-hosted a reception honoring California ALL at the Tsakopoulos Galleria in Sacramento.  Bottom (left to right): Ruthe Ashley; Judge Morrison England and Mrs. Torie Flournoy-England; Ruthe Ashley, Gilles Attia, News 10 Presenter Sharon Ito, and Assembly-member Mike Davis. Top right is Karina Hamilton. Mike Davis, an ally of former assembly-member Gwen Moore and Karen Bass, is the vice-chair of the Legislative Black Caucus, member of the Assembly Committee on Utilities and Commerce, and the Chair of the California Assembly “Select Committee on Rail Transportation.”  DLA Piper’s Gilles Attia is the corporate counsel of Wireless Rail Network (Wi-Fi Rail)– a high-speed broadband wireless provider with specific focus on commuter rail lines and WiFi on trains. Around 2008, Wi-Fi Rail was in negotiation with BART (Bay Area Rapid Transit) to provide lightning-fast Internet connections for thousands of daily commuters. (Photo:courtesy)

Donations to CaliforniaALL came primarily from utility companies (including AT&amp;T, Sempra Energy, and PG&amp;E). In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million, including an unusually large sub rosa contribution of $780,000 from the State Bar of California Foundation in 2008.

CaliforniaALL was abruptly dissolved in July 2010.

<u>JUDGE AND MRS. MORRISON ENGLAND</u>

U.S. District Court Judge Morrison England
Hon. Morrison C. England, born 1954 in St. Louis, Missouri, received a B.A. from University of the Pacific in 1977 and a J.D. from University of the Pacific, McGeorge School of Law, in 1983.  He was in private practice in California from 1983 to 1996 and served as a judge on the Sacramento Superior Court for the State of California from 1996 to 2002.  In 2002, England was appointed to serve as a federal judge for the United States District Court for the Eastern District of California, located in Sacramento, California.

Serving on the board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) were Torie Flournoy-England, the esteemed and educated spouse of a Sacramento- based federal judge, Hon. Morrison England.

Judge Morrison England, as well as then-State Bar of California Executive Director Judy Johnson and State Bar employee Patricia Lee were part of CaliforniaALL’s Advisory Council.  See below.

<img src=”http://data6.blog.de/media/203/5550203_6bd7f157c7_m.jpeg” alt=”California ALL Advisory Council” style=”margin:5px;” /><img src=”http://data6.blog.de/media/202/5550202_57b5e4e19e_m.jpeg” alt=”California ALL BOD ” style=”margin:5px;” />

<strong><u>Sara M. Granda v State Bar of California</u></strong> (2009 cv 02015)

<img style=”margin: 0px;” src=”http://media.sacbee.com/smedia/2009/05/14/22/25-5M15GRADUATE.standalone.prod_affiliate.4.JPG” alt=”" width=”540″ height=”400″ />
Ms. Sara Granda.  It is easy to imagine Sara Granda in a courtroom, questioning witnesses,  challenging the opposition, and fighting for justice with the force of her large personality.  A ventilator, which she needs to breathe, would hang from the back of her wheelchair.  An assistant would help her flip through files, since she cannot move her hands or arms.  When she approaches the bench, Ms. Granda would maneuver her chair using her tongue.   “So much of what happens in the courtroom is theater,” says Ms. Granda, 29, who has lived out her own drama since she became paralyzed from the neck down at age 17.  “I’m not sure how much time I will spend in court as an attorney.  But I know I could do it.”  (Photo and Narrative Courtesy of www.alldeaf.com)

In May 2009, Granda graduated from U.C. Davis School of Law and, like most of her peers, hoped to sit for the July 2009 bar exam.

California’s Department of Rehabilitation paid the $600 bar exam fee with a check, and Granda was assured that she was properly registered.
However, the State Bar of California’s Office of Admission, headed by Ms. Gayle Murphy, never processed Granda’s application because the Department of Rehabilitation paid the $600 fee with a check, rather than a credit card.

The State Bar of California did not relent, and neither did Granda. 

<img src=”http://media.onsugar.com/files/2011/05/18/4/93/934221/image.jpg” alt=”" title=”" />
Governor Arnold Schwarzenegger (Courtesy CNN)

Local and national media expressed outrage after the situation gained publicity as a result of statements by Governor Schwarzenegger, who publicly stated:  “It is outrageous that someone who has overcome so much in life is penalized by a bureaucratic error that prevents her from taking the bar exam.  Government should work for the people, not against them and I’m calling on the state bar to allow Sara Granda to take next week’s test.  Sara is a fighter and I am with her all the way.”

Robert A. Hawley, State Bar Deputy Executive Director and an adjunct ethics professor at McGeorge School of Law, stated to the Sacramento Bee:
“It’s a high-tech process, and people need to maneuver it successfully, and we can’t be in the business of helping any one person out with it.”  Hawley continued: “That takes us down a path that ends up in a place we don’t want to be.  How do you then choose which ones to help and which you don’t?”

“I worked very, very hard for every cent,” Granda stated to the local media.  “So for everything to come together in the end and for it to just kind of fall through on such a minor, minor detail.”

True to her spirit, Granda filed an action in federal court seeking an order directing the State Bar of California to allow her to take the fast-approaching bar exam.

The case was assigned to the courtroom of Hon. Morrison C. England, the husband of California ALL board member Torie Flournoy-England who, together with State Bar Executive Director Judy Johnson, served on CaliforniaALL’s advisory council.

Making an appearance and vigorously contending that the federal court had no jurisdiction over the State Bar of California was Mr. Mark Torres-Gil of the State Bar office of General Counsel, the same office that drafted the partnership agreement between CaliforniaALL and the State Bar of California. 

In addition to Mr. Torres-Gil, the State Bar of California also retained the services of a private law firm — Kerr &amp; Wagstaffe.

To be continued.

Disabled U.S. Marine Veteran Newest Victim of California State Bar Court Judge Patrice McElroy as Century City Law Firm Comes to his Rescue

Just as Californians manage to put behind them the embarrassing
mistreatment of quadriplegic Sarah Granda by the State Bar of
California, Gayle Murphy, Judy Johnson and Dean Barbieri – which
necessitated direct intervention of Governor Arnold Schwarzenegger, now
comes a new scandal to stir up the firestorm again.

William G. Wells, a veteran of the U.S. Marine Corp, was admitted to the
practice of law in California in 1959. He practiced for approximately
35 years without discipline. Unfortunately, Wells’s career has recently
come to a screeching halt.

According to Wells, while he was recovering from a serious stroke, an
attorney in his office conspired with the office’s legal secretary to
transfer ownership of a parcel of land located in Corona, California and
owned by Wells to the secretary. The secretary maintained that the property was a retirement gift from  Wells, and that it was hers to keep.

Wells, one upset lawyer, turned to the judicial system to vindicate his
rights. Years of litigation ensued, and the secretary was ultimately
declared the rightful owner of the Corona parcel. Later, the secratary complained to the State Bar against Wells, alleging that had he misused the court system in pursuing his claims against her.
In turn, the State Bar charged Wells with various acts of misconduct.

Wells, who is legally deaf, ended up in the courtroom of Judge Patrice
McElroy after Presiding judge JoAnn Remke issued an order disqualifying
Judge Richard A. Platel.

A settlement conference was held in front of Judge Platel.
Notwithstanding Judge Platel’s disqualification from “any further
involvement” in Wells’ case, Judge Platel took the bench to serve as
the settlement conference judge. Wells did not and could not object to
Judge Platel serving only as the settlement conference judge, pursuant
to C.C.P. § 107.4(a)(6). However, Wells stated that he did not consent
to any waiver of Judge Platel’s disqualification and that he did not
waive any objection to Judge Platel’s involvement in his case.
Apparently, despite a direct order from the presiding judge Remke
disqualifying Richard Platel, Judge McElroy attempted to force on Wells
a non-existent agreement that had allegedly been entered into during the
settlement confrence:

State Bar Court Patrice Mcelroy
Photo:courtesy of Bar Journal

THE COURT (McElroy): Okay. My understanding is there was an agreement at
the end of the settlement conference, that the parties reached an
agreement on all issues, including findings of facts and conclusions of
law and a proposed degree of discipline.

MS. MEYERS: That’s my understanding, your Honor.

MR. WELLS: Well, that’s not correct.

THE COURT: Well, my understanding is the specific terms of the
agreement between the parties was explicitly placed on the record. Do
the parties agree with that?

MR. WELLS: It was not concluded.

MS. MEYERS: That’s my – that’s my understanding.

MR. WELLS: Well, I don’t know where you get your understanding, but it
was not concluded. And this-

THE COURT: It’s my understanding it was, and as a result, I’m going to
vacate the trial dates. Mr. Wells?

MR. WELLS: I’d like the ruling on my motions.

THE COURT: Your motions are moot.

When Wells inquired how Judge McElroy had developed her understanding of
the outcome of the settlement conference which had concluded the
previous afternoon, Judge McElroy disclosed that she had spoken to Judge
Platel, the judge who had been disqualified from hearing Wells’s matter.

MR. WELLS: Well, your Honor is saying that, based on somebody’s
communication to you, that something was put on the record?

THE COURT: No. This – this – it is on the record.

MR. WELLS: You have it?

THE COURT: Yes.

MR. WELLS: You have a transcript of the verdict?

THE COURT: I don’t need a transcript.

MR. WELLS: What do you have?

THE COURT: The disk.

MR. WELLS: Well, you don’t hear my agreement to it.

THE COURT: And my understanding is, having talked to Judge Platel, that
there was -

MR. WELLS: Well-

THE COURT: – an agreement on all the issues, and it was placed on the
record.

MR. WELLS: Well, that is not accurate.

Judge McElroy ultimately refused to take any evidence or allow Wells to
be heard on the issue of whether a settlement had been reached during
the earlier settlement conference:

THE COURT: What is the State Bar’s position on this matter?

MS. MEYERS: The State Bar’s position is the same as your Honor’s
position. We believe there was a settlement reached in good faith. It
was put on the record, and we believe Mr. Wells should be bound by the
settlement reached. THE COURT: Okay. And Mr. Wells, you will be bound by it.

MR. WELLS: Well, you’ve already ruled, I guess, right?

THE COURT: Yes.

MR. WELLS: Well, I haven’t even filed my motion, and you still ruled.

THE COURT: Well, I’m going to have – issue an order approving the
stipulation as to findings of facts.

MR. WELLS: Without even hearing from me, right?

THE COURT: No. I’m going to file an order approving the stipulation.

At the conclusion of the conference, Judge McElroy ordered that the case
was settled and vacated the trial date. Later, over Wells’s objections, Judge Platel sua sponte issued an “Order
Approving Stipulation re: Facts, Conclusions of Law and Disposition.” Wells moved for reconsideration of Judge Platel’s order, which Judge
Platel denied. Next, Wells filed a petition with the Review Department
to set aside Judge Platel’s order.

The Review Department ruled that Judge Platel had no authority to make
binding adjudications at the settlement conference, or any time, due to
his disqualification from Wells’s case. Wells then moved for an order disqualifying Judge McElroy based on her ex parte conversations with Judge Platel about what had occurred during
the settlement conference. Judge McElroy filed a verified answer to Wells’s motion, declining to
recuse herself.

Specifically, Judge McElroy stated, “The Court has carefully reviewed respondent’s motion to disqualify and the declaration in support thereof, and the court denies each and every allegation of
bias, prejudice or other impropriety made against her by respondent.” Judge McElroy ordered: “it is HEREBY ORDERED that respondent’s motion is  referred to Judge Lucy Armendariz for such further action as she deems appropriate.” The order was signed: “Pat McElroy, Judge of the State
Bar Court.”

 


Ms. Lucy Armendariz, a 1997 graduate of Hastings College of the Law. She was appointed to serve as judge in 2007. Prior to her appointment,
she was chief of staff to California State Senate Majority Leader Gloria
Romero; worked as an attorney with the law firm Heller, Ehrman, White
and McAuliffe; and as an ombudsman with the California’s women’s
prisons. At the age of 10, Lucy Armendariz was removed from her parents’
custody and entered California’s crowded foster-care system. According
to U.C. Hastings’ Magazine, in 2006, Armendariz was appointed to the
state’s Blue Ribbon Commission on Children in Foster Care by California
Chief Justice Ronald George. The commission’s report, issued in 2008,
outlined the need to make foster children’s welfare a top priority.
(Photo: courtesy of California Leadership)

Judge Armendariz denied Wells’s motion to disqualify Judge McElroy.
Judge Armendariz wrote:

“Based on the documents filed by each party, including the declarations
of both parties, the court rejects respondent’s contention that Judge
McElroy has or will exhibit bias in her handling of respondent’s
matter. As such, respondent has failed to show sufficient cause to
warrant the recusal of Judge McElroy.”

Later on, Judge McElroy, without explanation, issued an order recusing
herself from Wells’ case. Judge McElroy did not state any grounds for
her action. Nonetheless, the State Bar has asserted that Judge
McElroy’s orders are valid and enforceable.

To be continued.

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