Monday Round-Up💥

Three (maybe four, maybe five) quick things:

1.) Changed the spark plugs in my niece’s car yesterday, at my sister’s request, after the dealer recommended it (but wanted stupid money for that and other routine stuff). I’ve worked on cars my whole life, and I can pretty much do anything except stuff you need a lift for (like removing an engine/transmission). It’s relaxing to me.

2.) I just filed filed my 2nd Motion to Compel which asks the PDJ to make Mata and her dad hand over things they are trying to conceal.

When you do litigation for a long time, you can always sense when a case is at a crossroads. This is that time for me. If the PDJ rules against me, that is pretty much gave over….except not really.

I can appeal, and I will do that immediately (which isn’t technically an appeal, it’s called a “special action”). The bottom line – if the PDJ thinks I am not entitled to defend myself, then we’re pretty much done, aren’t we? The outcome of the case has been decided at that point, which is really unfortunate.

3.) Speaking of being done — the bar just filed their REPLY in support of (ISO) their Motion for Judgment on the Pleadings.

If this was written in Mandarin Chinese, it would make more sense to me. The bar just seems to either completely NOT understand the case or they completely don’t care about the truth (or the law). They continue to COMPLETELY ignore my defenses…because if you ignore things, that means they don’t exist. They also continue to completely ignore the legal standards, citing outdated case law which has been overruled and ignoring more recent cases that are bad for them.

Sad. We need to expect more from the folks in charge of ethics.

4.) Last week, the bar said they wanted to take my deposition. Unlike some other participants, I am open and honest, so my immediate response: “Sure, anytime.”

I probably will have better luck teaching Aurora how to play a guitar, but part of me thinks MAYBE, just MAYBE, if bar counsel asks me questions and LISTENS to what I have to say, they will realize they backed the wrong horse here.

And maybe Aurora will be opening for Taylor Swift’s next tour.

5.) A few months ago, I actually cared about this process reaching the correct result. Based on what I’ve seen, I no longer have that view. It’s a lost cause. Not because I did anything wrong. Because Mata did something wrong, and she wants her revenge.

You can’t communicate with people like this. You just can’t.

But there is much good news — while I wanted the truth to come out, the SECOND most important thing was always this — if AZ pulls my ticket, I was worried that they would send the order to California and try to have my CA ticket pulled. This is based on something called “reciprocal discipline”.

In a case of reciprocal discipline, if you get disbarred in one state, you will almost automatically get disbarred in all other states where you are licensed. That would be bad. It would mean I’m not a lawyer anymore.

BUT there is a catch — that automatic process does NOT apply if “the proceedings of the other jurisdiction lacked fundamental constitutional protection.” California Business & Professions Code § 6049.1(b)(3). In other words, if AZ fails to give me due process, CA won’t honor the AZ bar’s decision.

That appears to be exactly where this is headed. One of the most important elements of due process is the right to gather and present evidence in my defense. So far, the PDJ has said I am NOT entitled to evidence from the CJC simply because the CJC says those records are “confidential” (which is actually not what the CJC rules say).

If the judge says I’m not allowed to get ANY information from Mata…that’s pretty much game over (from a due process perspective). It means I’ve already lost, without any chance to present a defense.

Even people accused of murder have the right to present a defense. When that doesn’t happen, it violates due process.

That would bother me if I wanted to stay in AZ. But I don’t. This year is already starting out to be one of the hottest on record, and the last two summers were unbearable here. It’s time for me to head to cooler climes, and while I would like to leave AZ on good terms, that may not be possible.

So onward we go….and like I said, this next ruling will probably decide the whole thing. If the judge rules against me, I still have two moves left to play, but at some point, sometimes you just have to let the bad guys win.

SB Reply to Motion for Judgment on Pleadings PDJ2026-9010 conformed Gingras Motion to Compel Second PDJ2026-9010 conformed