Already written too much today, so we’ll keep this VERY short — my bar case is about to end.
Here’s why — I’ve said this before…when the bar filed its Complaint, I could have responded with either a 12(b)(6) Motion to Dismiss or an anti-SLAPP motion. Either of those would have made my life easier. The anti-SLAPP motion would have stayed discovery, and it would have put things on a fast-track to victory.
Instead, I chose to take the more difficult path of filing an Answer (which opened the door to discovery and motion practice). That created a LOT more work for me, but I felt it was worth it because I wanted to get evidence showing that Mata did what I accused her of. My plan was always simple — get that proof, then go back to the family court and file a motion to have Mata’s judgment thrown out.
But as you have seen, I’m running into some obstructionist conduct. There has only been one small ruling, but that ruling protected Mata.
Fortunately, that was NOT the end of the fight….but now we’re almost there.
Based on these pleadings, the PDJ will now get to decide — am I entitled to obtain evidence in my defense, or not? If she says YES (which I believe is the only lawful answer), then I think Jim Lee will immediately try to drop the case. He would rather set me free than have Mata face accountability (bearing in mind – I would not allow him to drop the case).
On the other hand, if the PDJ says Rule 26(b) doesn’t mean what it says, and if the court rules I am not allowed to defend myself, that means it’s kind of game over. I will still immediate take that up with a special action petition, and I will file a lawsuit against the CJC in federal court, but at the same time, I may just end up packing my bags and leaving AZ for good. This is NOT a criminal case, so I can simply walk away. That would mean Jim Lee wins, but under the circumstances, I have no doubt the California bar will let me keep my license. And since I don’t want to remain in AZ anyway, what’s the point of staying?
I’ll update this list when I get additional pleadings/orders: