(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.)
PLAINTIFFS HEREBY OBJECT to Judge Paul S. Smith presiding at the trial of this medical malpractice action or in any further proceedings concerning this action.
This objection is based upon each of the following:
A person aware of the facts concerning the Judge’s conduct and handling of the matters that have been presented to her in this personal injury case might reasonably entertain a doubt that the judge would be able to be impartial.
As set forth in the declarations submitted herewith, Judge Smith has repeatedly assumed the role of advocate for the defense; repeatedly cut off Plaintiff’s counsel’s efforts to make a record; while making a record favorable to the defense; and repeatedly violated Plaintiff’s constitutional rights to due process by ordering Plaintiff to do things without any prior notice or opportunity to prepare for and brief the issue.
In addition, the facts support an inference that Judge Smith has abdicated his duties as a Superior Court Judge to fairly resolve issues based upon a fair application of the facts to the law. Instead his comments on the record reflect his view of his role as an anti-solomon like mediator position in which he repeatedly attempts to “split the baby” so as to more often than not bestow improper favors upon defense counsel even when the latter is completely in the wrong on the law and facts before the court. The following is an excerpt from the July 5 ex parte hearing in Judge Smith’s chambers:
MR. GREEN: You’ve had a lot of
experience with the way the Court has handled matters.
THE COURT: Essentially, a lot of times we’ve sort of split the baby, we’ve
compromised, we’ve done everything we can to speed-up and
simplify the discovery process and to give what I think is
reasonable discovery. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.