Mr. Green was terribly wrong in concluding that I was personally responsible for attorneys' fees and costs to the opposing party, or in claiming that I "had no standing" to demand Judge Yaffe's recusal, even if he had taken illegal payments. Further, as of my February 19, 2008 Motion to Dismiss the January 8, 2008 Order for Attorneys' Fees and Sanctions, Judge Yaffe and L.A. County were still committing "fraud upon the court" and not disclosing the L.A. County payments made to Judge Yaffe. My Declaration of February 14, 2008 in support of such Motion, at paragraph 12, states: "In the instant case, L.A.County is a party. The court has not discussed if it is presently receiving money from L.A.County or has received monies during the time of this case."
Judge Yaffe did not admit to the payments until March 20, 2008 when, in open court, he responded to questions by me.
Mr. Green was also wrong in his statement that Judge Yaffe rejected the February 19, 2008 Motion. The record shows that Judge Yaffe combined the motion with a later motion to be heard on April 10, 2008.
On March 20, 2008, when Judge Yaffe moved the February 19, 2008 motion to April 10, 2008, he attempted to strike part of the motion, stating that it was a personal CCP 170.3 Objection to him. He was wrong, as Judge Yaffe had never disclosed that he was receiving L.A.County payments. However, even if it were a personal CCP 170.3 Objection to him, Judge Yaffe was too late in striking it as the deadline for doing so was March 1, 2008 under the precedent cases of Lewis v. Superior Court, 198 Cal.App.3d 1101 (1988) and PBA LLP v. KPOD, Ltd., 112 Cal. App.4th 965 (2003).
Judge Yaffe's argument that I had to respond to his false striking by filing for a writ of mandate was fallacious because Judge Yaffe's attempted striking was void. This was shown in a Notice of Disqualification filed March 25, 2008. Judge Yaffe then struck the March 25, 2008 Notice in a March 27, 2008 Order which referred to a non-existent March 18, 2008 Order in which Judge Yaffe claimed to have "struck" the part of the February 19, 2008 Motion which he assumed was a personal CCP 170.3 Objection.
On March 25, 2008, I also filed and served upon Judge Yaffe a CCP 170.3 Objection based on Judge Yaffe's March 20, 2008 admission that he was receiving L.A.County payments. Judge Yaffe did not respond. He was subsequently automatically disqualified on April 8, 2008 under CCP 170.3(c)(4), which states that a judge must respond to a CCP 170.3 Objection within ten days and, if he does not respond, he is deemed to have consented to the Objection and is disqualified from being the judge in the case.
On April 8, 2008, I filed by fax a Notice of Disqualification based upon Judge Yaffe's failure to respond to the March 25, 2008 CCP 170.3 Objection. This Notice of Disqualification was personally handed to Judge Yaffe at the April 10, 2008 hearing. It was entered into the file by the Clerk on April 11, 2008. Judge Yaffe violated CCP 170.3(c)(4) by not sending the file to the presiding judge for assignment, as required.
All of the documents supporting these facts are in the court file. The superior court, Judge Yaffe and their attorney, Kevin McCormick, did not refer to these facts in their response filed with to the U.S. District Court. Even worse, they concealed the existence of the February 19, 2008 Motion, the March 25, 2008 CCP 170.3 Objection and the April 11, 2008 Notice of Disqualification from the District Court.
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