Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
There cannot be a clearer display of bias than Judge Smith’s refusal to grant any relief to Plaintiff from Defendant’s wrongful tampering with Plaintiff’s medical malpractice expert.
In addition, he has violated Plaintiff’s constitutional rights to due process by issuing orders of subjects that were not properly before him by way of noticed motion. For example, at the 7-05-05 ex parte hearing even though no party had given prior notice of any intent to request that Plaintiff’s noticed depositions of treating experts Brown and Jones’s depositions be limited in time and at a different location, the Judge entered such an order and in doing so knowingly and deliberately deprived Plaintiff of the deposition of Dr. Brown by ordering that his deposition take place at Dr. Brown’s office at Children’s hospital located some 10 miles for the noticed location and which made it logistically impossible for Plaintiff’s counsel to comply with the Judge’s order.
During the 7/8/05 hearing the Judge again repeatedly interrupted and precluded Plaintiff’s counsel from making a record that could be read by the court of appeal, but instead made his own record favorable to defense counsel. Further, the Judge’s comments would support an inference that he had not even read Plaintiff’s moving paper nor Plaintiff’s reply papers.
Finally, he appears to have intentionally used his position as a Superior Court Judge to essentially work with the defense to frustrate and delay Plaintiff’s discovery of Defendant’s experts until only a few days before trial.
Based upon the above it is apparent that Judge Smith’s track record of preferential treatment for the defense will continue as long as he is permitted to preside over this case.
Consequently, because of his apparent bias he should disqualified and be recused per CCP §170.1. (See Part 4 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.