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I said I’d provide an update. I said it would probably be later today.

For once, my prediction was right. Just received this moments ago from the lawyer at the AG’s office representing Judge Mata: Motion to Quash.

Since I was in the middle of something else (issuing a new subpoena to TheRobingRoom.com), I haven’t dug into this yet…and I won’t do that until I get a couple of other things done that are more urgent.

Based on a quick skim, I will say this — I appreciate Pamela taking the time to present her arguments in a thoughtful manner, supported with cases. This is very helpful.

I will, as always, take a look at everything she cited. I’ll then do my own independent research file a brief in response to this. Then the PDJ will have to decide what to do.

Just one more quick comment — in my other post from earlier today, I mentioned a case Jim Lee says is helpful to his position: In Re Olin, 2024 WL 6881775 (Cal. Bar Ct. 2024). Odd that only the Westlaw citation is available, since this case clearly says it’s designated for publication.

As I mentioned in my video, the facts of Olin were extreme….and I mean SERIOUSLY extreme. Olin involved a lawyer who went nuts, going so far as to email a judicial officer (a commissioner) this threat: “If I ever won the lottery, I would pay someone to kill [Commissioner Veasey’s minor child, ‘T’].”

Given that the lawyer made a threat to a judicial officer, do you think that officer was excused from testifying at the lawyer’s bar trial? Did the commissioner try to invoke privilege so she wouldn’t have to face questions?

Of course not.

The case clearly explains the commissioner who was threatened had to testify: “During the disciplinary trial, Commissioner Veasey testified that she was concerned because Olin had filed pleadings on an ongoing basis using berating language and what she perceived as escalating threats towards her.” Olin, 2024 WL 6881775, *3.

My point is simply this – judges CAN be witnesses. And here, Mata is a witness. The only issue is whether I am allowed to ask her questions and prepare a defense based on what she says. Clearly, that is going to happen.

I’ve made wrong predictions over the years, but I’m pretty comfortable this isn’t one of them.