2. Judge Peter McBrien Prosecution Whistleblower Leaked Transcript - Commission on Judicial Performance Victoria B Henley - Arthur Scotland 3rd District Court Vance Raye - Tani G Cantil-Sakauye Supreme Court of California - Ulf Carlsson Case Sacramento Superior Court - US District Court Eastern District of California - Racketeering - Honest Services Fraud - Judge Misconduct - Vol. 2 of 3

1
COMMISSION ON JUDICIAL PERFORMANCE
--000--
-- -- -
-- -- -- ------- -- -
INQUIRY CONCERNING
JUDGE PETER J. McBRIEN
CJP NO. 185
-- -- -
oRI-GINAL
---- -- - ----- -- --I
7
8
9
10
11
12
TRANSCRIPT OF THE
;.~.
13
HEARING BEFORE SPECIAL MASTERS
14
SACRAMENTO, CALIFORNIA
15
16
APRIL 2,
VOLUME 2,
2009
PAGES 251
525
17
18
19
20
21
22
23
24
REPORTED BY:
SANDRA LEHANE
REGISTERED PROFESSIONAL REPORTER
CERTIFIED SHORTHAND REPORTER NO. 7372
155 Orr Road
Alameda, California 94502
(510) 864-9645
25
L - - - - - - - - - - - I N RE CJF NC.
185
4/2/09--------~-----l
251
PART=CIPANTS:
SPECIAL MASTERS:
Honorable Dennis A.
Associate Justice
Court of Appeal,
Cornell
Fifth District
10
Honorable Gail A. Andler

Superior Court of Orange County
11
12
Honorable Denise de Bellefeuille
13
Superior Court of Santa Barbara County
14
15
Respondent's Counsel:
16
James A. Murphy,
Esq.
17
18
Examiner:
19
Andrew Blum, Esq.
20
Valerie Marchant,
Esq.
21
22
23
24
25
L------------------------IN RE CJF NO. 185-
4/2/09--------------------~
252
APRIL 2,
2009
9:02 A.M.
000--
SPECIAL MASTER CORNELL:
Good morning.
We
are on record in the matter of Judge Peter McBrien in
the presence of Judge McBrien and counsel.
Ms.
Huddle,
she was on the witness stand.
Would you please resume your position on the witness
stand.
---000--
10
11
SHARON HUDDLE
baving been previous1y sworn,
testified as f0110ws:
12
---000--
13
I assume before we
14
start the examining -- you've handed to us No.
15
This appears to be a picture of Courtroom 124.
16
MR.
17
identical courtroom.
18
19
20
21
BLUM:
38.
It's the courtroom of -- an
You're asking us to
receive this?
MR.
BLUM:
Yes.
I don't believe there is any
opposition.
22
MR. MURPHY:
No opposition,
23
This will be No.
24
and it will be added to the exhibits.
25
kind enough to give us copies,

~----------------------IN
Your Honor.
38,
And you've been
and they are binder
RE CJF NO. 185 -
4/2/09--------------------~
253
appropriate,
(Examiner's Exhibit 38 admitted into
so we will do so.
evidence.)
Anything else before we begin the
examination?
MR.
BLUM:
Mr. Murphy and I have reached one
stipulation as to the testimony of a witness in lieu
of calling her.
Certainly
10
MR.
I'd like to
11
12
MR.
13
I would like to read that into the record,
14
BLUM:
So,
BLUM:
if I may,
-- we'll allow that.
Thank you.
if
I may.
15
Counsel,
do you stipulate that Linda Cabatic,
16
if called,
would testify that she has been an attorney
17
since 1979; that in 2006,
18
and Chief Counsel for the Legal Services Division of
19
the California Department of General Services,
20
as DGS,
21
California.
22
her and said words to the effect that a DGS employee
23
had testified in court and that he was concerned about
24
the testimony in connection with disclosure of a
25
reporting issue.
she was the Deputy Director
known
which is the business manager for the State of

In September 2006,
Judge McBrien called
The judge said he would fax the
~-----------------------IN
RE CJF NO. 185 -
4/2/09--------------------~
254
transcript that day.
transcript,
Cynthia Currey.
After she received the
she assigned the matter to staff counsel,
Do you so stipulate?
MR. MURPHY:
So stipulated.
Okay.
That
correct recitation,
received.
unnecessary for Linda Cabatic to testify.
And I
presume that means it will be
MR.
11
12
Anything else?
13
MR.
14
15
MR. MURPHY:
16
BLUM:
Correct.
BLUM:
WeIll check her off.
No.
No,
Mr.
Murphy?
Your Honor.
Okay.
You may
resume your examination.
18
19
and the stipulation will be
10
17
lS
And I will remind you,
Ms.
Huddle,
you are
still under oath.
THE WITNESS:
20
21
DIRECT EXAMINATION
22
BY MR.
Okay.
(CONTINUED)
BLUM:
23
Q.
Good morning.
24
A.
Good morning.
25
Q.
If you could open your transcript binder,
L------------------------IN RE CJF NO. 185
412109--------------------~
255
think where we left off was P
expert on the stand,
Mr.
A.
Yes.
Q.
And on Line 19,
Shaw?
you were asking him a
question?
A.
Yes.
Q.
(Reading)
"If you re-did your
capitalization and your sales market approach -
it ends,
dash dash.
Do you see that?
10
A.
Yes.
11
Q.
The Court then stated:
12
an EPO.
13
nand
"Pardon me.
have
Court is in recess."
Do you remember that happening?
14
A.
Yes.
15
Q.
Had you finished your questioning of Mr.
16
at that point?
17
A.
No.
18
Q.
After the judge made that statement,
19
Shaw
did he
leave the courtroom?
20
A.
Yes.
21
Q.
The next line,
Line 23,
you're stating:
"I
22
think he's just taking an Emergency Protective Order
23
request.
Is that it?
24
his week,
right?"
25
A.
Correct.
~-----------------------IN
Like a domestic violence?
see that,
It's
yes.
RE CJF NO. 185 -
4/2/09--------------------~
256
having trouble hearing you.

THE WITNESS:
SPECIAL MAST R CORNELL:
BY MR.
Q.
and the clerk?
10
stated that.
Thank you very much.
Yeah.
"He's always
So was that conversation between you
I directed that to the clerk, my
statement.
Q.
1J
12
The clerk responds at Line 26:
assigned EPOs."
A.
I'm
BLUM:
Huddle,
I'd ask you to speak up.
Yes,
Ms.
At Line 271
the Court speaks again.
Had the
judge re-entered at this point?
13
A.
Yeah.
He had come through the doorway.
14
There's an exit door that goes back to chambers.
15
had come back in that door.
16
17
Q.
Okay.
In the other binder,
turn to Exhibit 38
He
if you'd please
the very last one.
18
A.
Yes.
19
Q.
What is that?
20
A.
That looks like a courtroom at the William
21
Ridgeway Courthouse on Power Inn Drive.
22
23
24
25
Did everybody hear
that?
THE COURT REPORTER:
amplifier.
I'm okay.
I've got an
You probably need to speak up for everyone
~-----------------------IN
RE CJF NO. 185 -
4/2/09--------------------~
257
else.
Thank you.
It's helpful if would you look up when you
When you're looking down,
speak.
your voice.
i t ' s hard to hear
Okay.
THE WITNESS:
This look likes a courtroom at the William
Ridgeway Courthouse on Power Inn Drive.
10
11
THE WITNESS:
BY MR.
12
Or road,
Thank you.
whatever.
BLUM:
Q.
Does it appear to have the same configuration
13
that Judge McBrien's courtroom did when you tried the
14
Carlsson matter?
15
A.
Yes.
16
Q.
Can you describe for us where you would have
17
been seated in the courtroom when this EPO call came
18
in?
19
A.
It would have been -- from the left,
it would
20
have been the third chair in.
21
there's four in a row towards the bottom of the
22
picture.
23
counted from the left.
I would have
The chairs that are
en in the third one in if you
24
Q.
And who would have been in the other
25
A.
My client was in the fourth
' - - - - - - - - - - - - - - T N RE CJF NO.
.L 85 -
4/2/09 - -_ _ _ _ _ _ _ _---l
258
Ms.
Keeley was in the second chair in,
was in the first chair.
and her client
Q.
Where does the court reporter sit?
A.
On the right side,
there is two chairs.
the top down,
sits; and the second chair is where the court r
sits.
the first chair is where the witness
Q.
And where would the court clerk be?
A.
On the left side,
jig-jagged configuration.
11
there,
12
in the middle of the picture.
14
There's a chair behind
and it's like a work desk where the clerk sits,
Okay.
Q.
At Line 27 on the transcript,
462,
when the judge returns

Yes.
15
A.
Mm-hmm.
16
Q.
-- where did he go?
17
orter
it looks sort of like a
10
13
From
the courtroom,
When he carne back into
did he go to the bench?
18
A.
No.
19
Q.
Where did he go?
20
A.
When he carne in the doorway -- the door on
21
the left side of the picture,
you can see back in
22
there,
23
chambers.
24
standing between the wall and the
25
like a bookcase cabinet.
that's where you would go back to go into

He carne out of that doorway,
-
and he was
it's actually
That's right in between the
L-------------------------IN RE CJF NO. 185
4/2/09--------------------~
259
wall and the clerk.
like a bookcase cabinet that's about
about chest high.
the doorway.
Q.
So when he re entered,
A.
Yes.
Q.
When he re-entered,
the transcript,
adjourn this.
10
Where the clerk sits,

-
there's
I don't know,
So it was between those two,
he states:
near
he stood in that area?
Line 27,
again back to
"We're going to have to
The county operator is on the phone.
This trial has ended."
11
A.
12
Q.
Do you remember h
13
A.
Yes.
14
Q.
Did that concern you when he made that
15
statement?
16
A.
see that.
I was
yes.
saying that?
And I was confused.
didn't
17
understand how it could be ended when I wasn't even
18
done with my witness.
19
Q.
20
that moment;
21
A.
Yes.
22
Q.
Top of Page 463,
23
"Your Honor,
24
fees/cost put in."
25
A.
You had a witness in the box testifying at
right?
Line 2,
you responded:
I don't even have my client's attorney's
Yes.
L - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09-----------------
260
Q.
What was that about?
A.
Well,
hadn't finished taking my client's
testimony on everything.
things that typically is left until the end of the
case-
or the end of the trial.
Q.
And that was one of the
Okay.
The Court responds:
reserve over that issue,
One or the other."
"Then I ' l l
or you can get a mistrial.
Did you want a mistrial in this case?
10
A.
No.
11
Q.
Did your client want a mistrial?
12
A.
No.
13
Q.
The next line was Line 6.
14
"We don't want a mistrial.
15
issue."
16
the house that we're evaluating
17
off.
Ms.
Keeley says:
We'll reserve over that
And you respond at Line 8:
"But,
Your Honor,
" and then it cuts
Do you see that?
18
A.
Yes.
19
Q.
You were attempting to speak to the judge at
20
that point?
21
A.
Yes.
22
Q.
Was he standing there listening to you when
23
24
25
you made the statement?
A.
Well,
he was standing there,
but he left as I
was speaking.
L------------------------IN RE CJF NO. 185 -
412109--------------------~
261
Q.
So as you're speaking,
he's walking out of
the courtroom?
A.
Correct.
Q.
So he would have turned -- on the photograph,
Examiner's 38,
courtroom from the perspective of this camera/picture?
he turns towards the left side of the
A.
Yes.
Q.
He goes out that door right there?
A.
Yes.
10
Q.
What happened next after the judge left the
courtroom?
11
12
A.
We were standing or sitting.
We were
13
was looking at the clerk and looking at the court
14
reporter.
15
lIve ever seen before.
16
going on.
didn't really understand -- it's nothing

I
didn't understand what was
17
Q.
You never had a trial end this way?
18
A.
Never.
19
Q.
Asi
from the parties you described and
20
where they were seated in the courtroom,
21
people in the audience?
were there
22
A.
Yes.
23
Q.
Were there any friends or relatives there of
24
25
Mr.
Carlsson's?
A.
Yes,
believe so.
L - - - - - - - - - - - - - I N RE eJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - - '
262
Q.
Who do you recall being there?
A.
His parents,
had testified,
for sure.
And his sister,
who
could have been there as well.
Q.
Was Mr. Mayo there?
A.
Yes.
Q.
He had already testified and been excused
earlier;
correct?
A.
Yes.
Q.
Had you intended to recall him?
10
A.
Yes.
11
Q.
And he was physically available in the
12
courtroom?
13
A.
Yes.
14
Q.
What was your client's reaction when the
15
judge said,
16
courtroom?
"The trial is ended" and left the
17
MR. MURPHY:
18
19
Objection.
Hearsay.
Overruled.
It
relates her observations about what was said.
20
THE WITNESS:
21
He was looking at me and asking questions.
22
23
24
25
BY MR.
Q.
Okay.
BLUM:
Did he seem confused,
startled?
How would
you describe it?
MR. MURPHY:
Objection.
L------------------------IN RE CJF NO. 185 -
Hearsay.
4/2/09--------------------~
263
relate your observations.

THE WITNESS:
3
4
He was -- didn't know what was
happening.
MR.
THE WITNESS:
MR.
Ove
Move to stri
MURPHY:
MURPHY:
He appeared
Speculation.
Wait.
Thank you
very much.
10
Go ahead.
11
MR.
12
MURPHY:
Move to strike,
speculation.
The answer is
13
nonresponsive,
and I will strike it.
14
your testimony to your observations of what you saw,
15
heard.
16
THE WITNESS:
17
Well,
Again,
limit
Okay.
he was not understanding,
18
looking at me with eyes like ...
19
BY MR.
confused,
BLUM:
Q.
What you observed was a confused look in his
22
A.
Yes.
23
Q.
After the judge left -- on the transcript
24
here at 463,
25
judge ever return?
20
21
eyes?
Line 10,
~-----------------------TN
it shows him exiting.
RE CJF NO.
185 -
Did the
4/2/09--------------------~
264
A.
No.
Q.
How long did you and your client stay in the
courtroom after the judge left?
A.
I would say 10 or 15 minutes.
Q.
What was occurring during those 10 or 15
minutes?
A.
I was -- I
think I had further conversations
with Ms.
Keeley and the clerk,
and I was talking to my
client.
And I was thinking perhaps the judge would
10
come back,
because I had never seen this happen.
11
was,
in disbelief.
12
like,
Q.
In fact,
in the transcript,
13
Line 17,
you state:
14
middle of my examination."
15
Did you say that?
"Is he coming back?
16
A.
Yes,
17
Q.
So at that point,
18
same page,
463,
I'm in the
I did.
you didn't know if he was
coming back or not?
19
A.
No.
-- I didn't understand what was
20
happening.
So I thought this -
21
There's no ending here like a regular trial.
22
he'll come back after he gets done with this phone
23
call.
it's not believable.
24
Q.
But he never did; correct?
25
A.
Correct.
' - - - - - - - - - - - - - - I N RE CJF NO.
Maybe
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - - '
265
1
2
After those
Q.
you stayed after he left?
A.
Mm-hmm.
Q.
Is that a yes?
THE WITNESS:
8
9
10
11
BY MR.
Yes.
Q.
What was it that made you decide it was time
to leave?
A.
You know,
13
proceedings were over,
14
any more proceedings.

Q.
she rna
believe in my conversations with
the clerk,
it pretty clear that the

that there wasn't going to be
Did you notice if the clerk -- during those
16
10 to 15 minutes,
17
and re enter?
18
A.
Yes.
19
Q.
Was it after that,
20
21
22
23
24
25
Thank you.
BLUM:
12
15
Yes?
did t
clerk leave the courtroom
after she returned,
that
she indicated the proceedings were over?

A.
You know,
think she left more than once.
Thinking back.
Q.
And the final time
you the trial was over,
A.
Well,
after she indicated to
that's when you left;
right?
with the passage of time and her
l . . . . - - - - - - - - - - - - - I N RE CJF NO .
.185
- 4/2/09-------------.!
266
indicating that,
I was more confident that there
wasn't going to be any more proceedings so we should
just leave.
clerk left and came back,
door the judge did?
did she go through the same
THE WITNESS:
Yes.
THE WITNESS:
11
13
And came back in
through that door?
10
12
When you say the
BY MR.
Q.
Yes.
Thank you.
BLUM:
At some point after March 9th,
did the clerk
14
give you instructions on how to proceed in the
15
Carlsson case?
16
A.
Yes.
17
Q.
When did she do that?
18
A.
Well,
the next morning,
the same courthouse,
I was in a different
19
courtroom,
and handling another
20
matter.
21
that -- I don't know who the bailiff was, but the
22
bailiff said that a call had been placed from
23
Department 124 indicating that I needed to come down
24
there to talk to the clerk.
25
say what it was about or anything.
And the bailiff in that courtroom said
~-----------------------IN
And I didn't -
RE CJF NO. 185 -
he didn't
SO
4/2/09--------------------~
267
Q.
Did you go to the department?
A.
Yes,
Q.
What happened when you got there?
A.
Judge McBrien's clerk -- I
I went down to the department.
did.
I think is her name -
think i t ' s
told me that the
Ms.
judge had said that I
brief with arguments and a brief about attorney's
fees,
be done by the next Friday.
10
Cheshire,
had a right to file a closing
but there was a page limit on it,
there,
and it had to
And that was a Friday
so it was like five business days.
11
Q.
12
Exhibit 14,
13
A.
Yes.
14
Q.
This is a Minute Order dated March 9,
15
In the exhibit binder,
the third page of it,
18
be answered yes or no.
19
BY MR.
Q.
21
A.
Well,
25
'06.
That question could
BLUM:
20
24
2006;
This appears to be what
A.
17
23
Bates-stamped 418.
correct?
16
22
please turn to
just asked about the date on the top.

the date -
it says i t ' s March 9th,
That's the date.
Q.
The last entry on the document,
which is in
brackets
A.
Yes.
~-----------------------IN
RE CJF NO. 185 -
4/2/09--------------------~
268
Q.
is that part of the instructions the clerk
gave you that you just referred to,
about the brief?
A.
Yes.
Q.
But it's your testimony that she actually
verbally gave you this notice the following day?
A.
That's correct.
Q.
March 10th?
A.
That's correct.
Q.
Please turn to Exhibit 18 .
10
And this is your
closing argument in the case?
11
A.
Yes.
12
Q.
Was this written in response to the clerk's
13
instructions that you might file a brief?
14
A.
Yes.
15
Q.
At Line 18, did you record instructions given
16
17
18
19
to you by the clerk about the Carlsson trial?

A.
I put it in my closing argument,
what
what
the instructions were.

Q.
Specifically at Line 18:
"Respondent's
20
counsel was verbally noticed and instructed by the
21
Court's clerk on March 10, 2006 that the trial in this
22
matter was deemed concluded and no further testimony
23
will be taken."
24
25
Was that part of the instructions the clerk

gave you on March 10th?
~------------------------IN
RE CJF NO. 185-
4/2/09----------------------~
269
A.
Well,
don't have any independ
recollection of this; but if i t ' s in here,
have been what was stated.
shortly after the instructions were given,
wanted to document what was happening because there
was no record;
something that was done in an unusual manner;
called in by the clerk and just told something
verbally.
10
So I
it would
Because this was drafted

and I
This was
there was no court reporter.
that is,
wanted to document how the proceedings
had been going and how things had been done.
11
Q.
So this was written by you?
12
A.
That's correct.
13
Q.
Shortly after the incident you're describing?
14
A.
After the instructions were given;
15
Q.
At a time when the instructions were fresh in
16
your memory?
17
A.
Yes.
18
Q.
Also on this document,
correct.
did you document
19
various items of additional evidence that you had
20
wanted to introduce?
21
A.
Yes.
22
Q.
Beginning at Line 22
23
22,
24
this case?
25
first of all,
at Line
did you object to the procedure that was used in
A.
Yes.
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
270
Q.
And you indicate that your client,
respondent's,
redirect testimony had not concluded.
You've already told us that,
intended to re-call him?
correct,
that you had
I was not done with him.
A.
Yes.
Q.
What would you have asked him when you
7
8
9
10
re-called him?
A.
I would have to take a look and see what I
had previously asked him to tell you what was left.
Q.
Line 24,
still on your closing argument,
11
"Respondent submitted several exhibits which testimony
12
was to be elicited.
13
graciously agreed to admit the documents without
14
testimony,
15
stated below would support Respondent's contentions in
16
this case."
the testimony regarding the documents as
Do you recall what documents those were?
17
18
While Petitioner's counsel
A.
Well,
what I remember is I had a stack of
19
documents at the counsel table with me.
20
it was bank records.
21
documents,
That's what I
And on top of
remember about the
that what was on top was bank records.
22
Q.
And what was their relevance?
23
A.
It related to the four plex and the
24
contention that Mr.
25
the four plex.
Mayo didn't have any interest in
L-------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
271
Okay.
Q.
Please turn to Page 2 of the document,

"Respondent would have
Bates-stamped 437,
presented Mayo's testimony as to his check stubs for
payments he had made related to the four-plex."
That's an additional piece of evidence you wanted to
introduce?
at Line 21:
A.
Yes.
Q.
And what would be the relevance of those
documents?
10
Well,
A.
there was a contention by the opposing
11
side that there was no partnership.
12
Mr. Mayo had put mon
13
project.
14
monies to the four plex would indicate that there was
15
some agreement between the two of them,
16
and Mr.
17
Q.
So I
And he had
his own money,
into the
believe evidence of him contributing
Mr.
Carlsson
Mayo.
The next line:
"A partnership tax return and
18
bank statements with original partners'
19
would have been submitted to the Court furthering
20
Respondent's claim of the partnership existence."
21
22
name on them
So you also wanted to introduce a tax return?

A.
don't have any independent recollection of
23
what was underneath the bank records that were on top.
24
But if that is stated here,
25
happened.
this would be what
L------------------------IN RE CJF NO. 185 -
412109--------------------~
272
Q.
And you indicate at Line 25:
"There would
have been additional testimony by your client
regarding that tax return."
starts at Line 24.
would have been testified to by Respondent"?
A.
The sentence actually
"The parties'
Yes.
SPECIAL MASTER ANDLER:
last tax return
Excuse me.
Had you
already gotten a ruling from the Court,
any discussion on the record as to whether you would
10
be permitted to put evidence in regarding Mr. Mayo's
11
financial interest?
12
13
14
THE WITNESS:
That was not -
or was there
there was no
mention.
So up until this
15
point, when the trial concluded,
16
indicated whether it would receive evidence as to
17
Mr. Mayo's interest?
18
19
20
THE WITNESS:
the other.
the Court had not
Had not indicated one way or
I was just putting on my case.
And up to that point
21
you had not asked to put on evidence as to Mr. Mayo's
22
interest; am I correct?
23
THE WITNESS:
24
25
No.
I think Mr.
Other than his
testimony.
~-----------------------IN
RE CJF NO. 185 -
4/2/09--------------------~
273
Yeah,
THE WITNESS:
probably_
look at the record to make sure,
correct.
I'd have to
but that appears
You had not
previously tried to put in this documentary evidence;
is that correct?
THE WITNESS:
I'd have to look at whatever
the transcript says,
But if i t ' s not there,
10
11
12
and the exhibits were marked.
then no.

BY MR.
Q.
BLUM:
We just went over Line 21 where you refer to
13
these check stubs.
14
of Mr.
15
the four-plex,
That was some documentary evidence
Mayo's involvement or financial connection to

wasn't it?
16
A.
Yes.
17
Q.
Those had been received;
18
A.
19
Thank you.
think Ms.
correct?
Keeley had not objected to
introducing them as evidence,
if I'm correct.
20
Q.
Well,
21
A.
The record is probably the most accurate.
22
Q.
Certainly.
23
the record will
Please turn to Page 3 of the document,
24
Stamp 438,
25
the Tunnel Hill residence.
Bates
at the top of the page you're talking about
' - - - - - - - - - - - - - - I N RE CJP NO.
That's the house?

185
412/09----------~
274
A.
Yes.
Q.
Line 6:
"Respondent would have testified
that selling the Tunnel Hill residence would
traumatize the parties' minor child,
13."
McKenzie, Age
Do you see that?
A.
Yes.
Q.
Is that another piece of evidence you had
wanted to introduce?
A.
Yes.
10
Q.
And that became an issue because now,
11
beginning of trial,
there was a suggestion that maybe
12
the house shouldn't go to Ulf but should be sold?
13
A.
Yes.
14
Q.
Would you have wanted to present closing
15
argument in person?
16
A.
Yes.
17
Q.
Why?
18
A.
Well,
you get the ability to respond to the
19
opposing counsel's arguments.
20
the judges have a question; you can immediately
21
answer.
22
Q.
SO you believe it to be more effective?
23
A.
Yes.
24
Q.
Please turn to Exhibit 13.
25
A.
Okay.
IN RE CJF NO.
And also,
frequently,
185 - 4/2/09
275
Q.
Do you reco
A.
Yes.
Q.
What
A.
It's Points and Authorities.
Q.
Filed by you in the Carlsson case?
A.
Yes.
Q.
And looking at Page 1 ,
No.
1,
1S
ize the document?
it?
Bates Stamp 422,
"Overview"?
A.
Yes.
10
Q.
(Reading)
"In marital dissolution cases,
11
fraud is not a s
12
Points and Authorities related to a claim of fraud?
arate cause of action."
13
A.
Yes.
14
Q.
What was the claim of fraud?
15
A.
Well,
apparently,
So was this
the parties were still
16
together,
and there was this third party who had an
17
interest in the property,
18
So they were signing off his interest.
And the way
19
they were going to do it was to put Mr.
Carlsson and
20
Mrs.
21
going to put -
22
put Mr.
Mayo's name on the title to replace Mr. Moore.
23
But Ms.
Carlsson had filed for divorce unbeknownst to
24
my client.
25
signed over
the one who went to Irag.
Carlsson's name on the title,
and then they were
then after that was accomplished,
And so -- she filed for divorce;
then
then she
the title was signed over to the two of
' - - - - - - - - - - - - - - - I N RE CJF NO.
185 - 4/2/09 - - - - - - - - - - - - - - !
276
them alone,
over to Mr. Mayo,
papers.
Q.
and then she refused to sign any interest

and then served him with the divorce
Did you retain someone to help you research
and/or draft this document?
A.
Yes.
Q.
Who did you retain?
A.
Mr.
Q.
Why did you retain him?
10
A.
Well,
Ishikawa.
it is -
appellate lawyers charge less
11
than I
charge.
12
issue,
which appellate lawyers are very good at,
13
thought it would be more cost efficient for him to
14
have Mr.
And since i t ' s a research and drafting
Ishikawa draft this than me.
15
Q.
For "him," you mean your client?
16
A.
Yes.
17
Q.
Is Mr.
18
Ishikawa someone you worked with in
the past?
19
A.
Yes.
20
Q.
When did you hire him,
21
22
approximately,
to help
you with this Points and Authorities?

A.
couldn't
it was probably within a month
23
or two before we actually got this from him.
24
was close in time to when I
25
have been sometime before March 9.
signed it.
' - - - - - - - - - - - - - - I N RE CJF NO . .185
So it
So it would
4/2/09-------------------~
277
Q.
A month or two,
said?
Could be within a month earlier or two
A.
months.
records to determine exactly when.
before this because this is what I
I mean,
I would have to look at all the

But it was shortly
needed.
Please turn back to Exhibit 18.
Q.
of the page,
A.
10
Q.
11
A.
At the top
Bates stamped 440
Yes.
what is that document?
It is my client's declaration regarding the
12
attorney's fees and expenses in the trial that he has
13
incurred -- or I
14
trial.
15
Q.
guess the whole case,
And between Lines 25 and 26,
not just the
does it list
16
Brendon Ishikawa as having earned some attorney's
17
fees?
18
A.
Yes.
19
Q.
How much was he being paid?
20
A.
Well,
21
recollection.
22
would
23
I don't have any independent
But according to this document,
it
$1,732.95.
Q.
And that payment was for his work on the
24
brief we just saw,
25
Exhibit 13?
the Points and Authorities,
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
278
MR. MURPHY:
Calls for
speculation.
3
4
Objection.
Overruled.
if you can.
THE WITNESS:
Yes.
That's the only work he
did on the case until it became apparent that
Mr.
BY MR.
10
Carlsson was going to appeal the judge's ruling.
Q.
BLUM:
When you hired Mr.
Ishikawa to assist you
with the Points and Authorities
11
A.
12
Q.
13
Answer
Yes.
were you at that time already planning to
appeal from the trial decision in Carlsson?
14
A.
Well,
no.
15
Q.
After March 10th, when the clerk gave you
16
those instructions,
17
contact Mr.
I didn't know what the ruling was.
those verbal instructions,
did you
Ishikawa?
18
A.
Yes.
19
Q.
Why?
20
A.
Well,
the way the trial stopped and these
21
verbal instructions,
I became concerned about my
22
ability to protect my client and to protect myself.
23
Since there wasn't any record of what was going on,
24
and everything was so unusual,
25
this before,
and I had never seen
I thought maybe he might have seen
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
279
something like this before and c
Well,
so you should do XYZ,
appellate courts look at it."
you know,
this has happened,
that has happened;
because this is how the
Q.
So you were seeking advice on how to proceed?
A.
Yes.
Q.
You said you were concerned about protecting
yourself and client.
that regard?
10
A.
Well,
What concerns did you have in
if there's no record of what happens,
11
then anybody could claim anything with no record.
12
you'd be there defending yourself with no
13
prove what actually happened.
14
15
Q.
correct?
A.
Well,
17
Q.
Okay.
19
until they were stopped.

So what was the part that you thought
wasn't documented?
A.
The verbal instructions by the judge's clerk.
20
MR.
21
22
MR. MURPHY:
BLUM:
23
CROSS-EXAMINATION
24
BY MR. MURPHY:
25
ility to
There was a transcript of the proceedings;
16
18
And
Q.
Ms.
Huddle,
No further questions.
Thank you,
Mr. Murphy_
Your Honor.
you're a lawyer;
L------------------------IN RE CJF NO. 185 -
right?
4/2/09--------------------~
280
A.
Yes.
Q.
Officer of the Court;
A.
Yes.
Q.
Are you familiar with the Rules of
Professional Conduct,
A.
number; but I
Conduct,
10
Q.
Rule 31100?
I couldn't tell you what i t was by that
right?
know there are Rules of Professional
and I have read them in my career.
Do you follow the Rules of Professional
Conduct?
don't know what you mean by "follow."
11
A.
12
Q.
Well,
13
A.
Okay.
14
Q.
That rule requires a member not to
let's talk about Rule 31100.
15
intentionally,
16
perform legal services competently.
recklessly or repeatedly fail to
Right?
17
A.
If you say that's what it says.
18
Q.
You understand that is one of the
19
professional responsibilities of a lawyer;
20
A.
Correct.
21
Q.
And so,
22
A.
Yes.
24
Q.
Now,
25
naturally,
you,
of 2006,
correct?
as a lawyer,
perform your services competently;
23
Okay?
try to
right?
between March 3rd of 2006 and March 9th
you were counsel for Ulf Carlsson,
L-------------------------IN RE CJF NO.
185
were you
412109--------------------~
281
not?
A.
Yes.
Q.
And you knew following completion of the
Court day on March 3rd of 2006 you would be returning
to Judge McBrien's department on March 9th,
finish the Carlsson trial;
right?
I don't know about the word "finish."
A.
2006 to
were going to continue i
Q.
You knew you had two days of trial;
10
A.
11
Q.
You knew you had two days of trial,
13
A.
No.
14
Q.
Didn't you testify under Mr.
12
We
right?
knew that that was the estimate.

did you
not?
I
knew that that was the estimate.

Blum's
15
questioning that Judge McBrien repeatedly told you you
16
had two days of trial?
17
MR.
18
I'm going to object.
19
20
BLUM:
Right?
It's vague as to time,
Your Honor.
Earlier on in the trial
Please,
no speaking
obj ection.
21
I can see this is going to be hotly
22
contested,
so I'm going to have a couple rules set
23
forth.
24
question.
25
she finishes her answer.
One,
don't answer until he finishes the
And two,
~-----------------------IN
don't start talking to her until
RE CJF NO. 185 -
4/2/09--------------------~
282
MR.
MURPHY:
Yes,
Your Honor.
Both of you
understand that?
MR.
MURPHY:
Yes.
THE WITNESS:
Yes.
Thank you.
That
7
will make it go much easier for the court reporter and
my old ears.
The second thing is
think you should be
10
more specific on this question as to what was being
11
said by Judge McBrien at what point and what she knew
12
at that point.
13
BY MR.
14
15
Q.
MURPHY:
Going into the Carlsson trial,
trial estimate was two days;
you knew the
right?
16
A.
Yes.
17
Q.
During the first day and a half,
the
18
March 2nd and 3rd proceedings,
Judge McBrien
19
repeatedly said that you had a limited amount of time

to complete the case; right?
A.
22
23
24
25
He didn't use those words.
What he said is
"you are verging on a mistrial."

Q.
You knew that you had a limited amount of
time to complete your case,

A.
did you not?
Frequently judges continue it beyond that.
' - - - - - - - - - - - - - - I N RE CJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - '
283
So,
knowing that I had a limited amount of time?
Because I've seen judges do whatever is necessary to
finish out the case.
Q.
We're not talking about other judges.
No.
We're
And on March 2nd
talking about this particular case.
and 3rd,
Judge McBrien that you had a limited amount of time to
complete the case,
you were repeatedly admonished by
A.
10
Q.
Well,
11
were you not?
didn't repeatedly hear him say those words.

on March 3rd,
you requested and were
given another half day of testimony;
right?
12
A.
We hadn't completed two days.
13
Q.
Well,
you knew between March 3rd and
14
March 9th that you had another half-day of trial;
15
right?
16
A.
According to our estimate,
17
Q.
You knew that;
18
A.
Correct.
19
Q.
Sorry.
20
right?
correct.
That-
That was our estimate.
As a competent lawyer,
you were going to
21
prepare the case for hearing on March 9th so that you
22
could complete your evidence within that allotted
23
time;
right?
24
A.
You would hope that would be the case.
25
Q.
Nevertheless,
you're now testifying that you
L------------------------IN RE CJF NO. 185
4/2/09--------~------------~
284
had a whole bunch of evidence yet to put in;
A.
I had a stack of documents.
Q.
You had a stack of documents.
4
5
right?
What were the
documents?
A.
Well,
on the top was bank records.
That's
what I remember.
Q.
Bank records of what?
A.
I believe it was a bank account related to
the four plex.
10
Q.
What bank account related to the four-plex?
11
A.
I would not know with
12
Q.
What other records?
14
A.
I can't -
16
17
18
19
sitting here,
can't remember.
13
15
may say,
Q.
testify;
A.
other than what the transcripts
I only can remember what was on top.
And you had other witnesses who were going to

right?
Well,
had one,
Mr. Mayo; and then I had to
finish my client.
20
Q.
What other witnesses did you have?
21
A.
At this point,
22
those two.
23
Q.
Mr. Mayo had already testified;
24
A.
Partially.
25
Q.
He was released,
can't remember other than
was he not,
L-------------------------IN RE CJF NO. 185
right?
from testifying?
4/2/09--------------------
285
A.
record,
Q.
I don't think so.
I'd have to look at the
but I don't think so.
How much time did you estimate it would take
for you to introduce all these records and call these
various witnesses?
A.
Maybe an hour.
Q.
And you knew that Ms.
Keeley,
on behalf of
Mona Carlsson,
would get the opportunity to
cross-examine these witnesses; correct?
10
A.
Yes.
11
Q.
You don't know how long that would take,
13
A.
No.
14
Q.
So we know,
12
do
you?
at least from your estimate,
15
would take another hour of trial testimony to
16
introduce your documents and your live witnesses;
17
correct?
18
A.
And what?
19
Q.
And your live witnesses;
20
A.
Yes.
21
Q.
And after the trial ended on March 9th of
22
2006,
23
on additional testimony,
it
correct?
Ms. Keeley actually offered to allow you to put

did she not?
24
A.
No,
25
Q.
You deny that she made that offer to you?
she did not.
~-----------------------IN
RE CJF NO. 185
4/2/09--------------------~
286
2
3
A.
She did not offer to allow me to have my
client have any further testimony.
Q.
Let's talk a little bit about you,
Ms. Huddle.
You practice family
aw?
A.
Yes.
Q.
Are you a member of the Sacramento County Bar
Association?
A.
No.
Q.
Are you a member of the family law section of
10
the Sacramento County Bar Association?
11
A.
No.
12
Q.
Are you a certified family law specialist?
13
A.
No.
14
Q.
Have you ever applied for certification as a
15
family law specialist?
16
A.
No.
17
Q.
Do you know whether you're qualified to take
18
19
20
21
the examination for a family law specialist?

A.
I haven't looked up the requirements,
so I
don't know what they are.
Q.
Have you ever served on the Family Law
22
Executive Committee of the Sacramento County Bar
23
Association?
24
A.
No.
25
Q.
Have you served as a
judge pro tern in
L-------------------------IN RE CJF NO. 185
4/2/09--------------------~
287
Sacramento County for settlement conferences?
A.
No.
Q.
You became a lawyer in 1992?
A.
No.
Q.
When did you become a lawyer?
A.
1982.
Q.
1982.
And you've been practicing family law
in Sacramento County since 1982?
A.
No.
10
Q.
How long have you been practicing family law?
11
A.
On a part time basis,
12
13
14
full-time basis,
Q.
since 1976.
On a
since 1992.
Are you familiar with the current family law
system in Sacramento County Superior Courts?
15
A.
16
Q.
Well,
don't understand what you mean by "system."

do you know that the family law courts
17
hear law-and motions matters on Mondays,
18
Wednesdays?
19
A.
Yes.
20
Q.
And they have trials on Thursdays and
21
Tuesdays and
Fridays?
22
A.
Yes.
23
Q.
How long has that been the case?
24
A.
As long as I
25
Q.
Well,
can remember.
back in 1988 when you
~-----------------------IN
RE CJF NO. 185 -
4/2/09--------------------~
288
practicing family law,
2
3
that wasn'
the system,
was it?
A.
I didn't practice in Sacramento courts until
Q.
Okay.
1992 .
Now,
at the present time,
the family
law system in Sacramento County has lawyers sitting as
pro tern judges in settlement conferences;
A.
That's correct.
Q.
And your case of Carlsson vs.
right?
Carlsson had a
settlement conference?
10
A.
Yes.
11
Q.
And do you remember when that settlement
12
conference took place?
13
A.
14
Q.
Was it a couple of weeks before the trial?
15
A.
Typically that's what it is.
16
Q.
When did you become Mr.
17
A.
I believe it was in October the year before
18
do not remember the date.
the trial.
19
Q.
When was the trial?
20
A.
It was March
Q.
, 06.
21
22
23
Carlsson's lawyer?
I don't know.
I think it was
'06.
So you became Mr.
Carlsson's lawyer in
October 2005?
24
A.
Yes.
25
Q.
Were you his first lawyer?
L-------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
289
A.
No .
Q.
Second lawyer?
A.
No.
Q.
Third lawyer?
A.
No.
Q.
Fourth lawyer?
A.
Yes.
Q.
SO you were Mr.
Carlsson vs.
Carlsson's fourth lawyer in
Carlsson?
10
A.
Yes.
11
Q.
And how long did you continue to represent
12
Mr. Carlsson in the Carlsson vs.
Carlsson case?
13
A.
Until June of
14
Q.
At which point you withdrew?
15
A.
No.
16
Q.
You filed a motion to withdraw,
17
A.
Yes.
18
Q.
An ex parte motion to withdraw?
19
A.
Yes.
20
Q.
Now,
'06.
did you not?
when you became Mr. Carlsson's lawyer,
21
he was residing in the Tunnel Hill residence in Gold
22
River?
23
A.
That's what he told me,
24
Q.
And you understood that he wanted to retain
25
that residence;
yes.
right?
~------------------------IN
RE CJF NO. 185
4/2/09---------------------
290
A.
That was his position.
Q.
And you understood that he also had an
ownership interest in a
right?
four plex on 24th Street;
A.
Yes.
Q.
In the older part of Sacramento?
A.
Q.
All right.
child;
don't know about the location.

And Mr.
and Mrs.
Carlsson had a
right?
10
A.
Mr.
11
Q.
And was there a custody issue with respect to
12
13
and Mrs.
Carlsson had one child together.
that child when you became Mr.

A.
Well,
when I
took on the case,
14
part of the divorce action.
15
table.
16
17
Q.
mean,
Carlsson's lawyer?
custody was
So custody was on the
i t ' s an issue in a divorce.
What were the custodial issues with respect
to the child?
18
A.
19
Q.
Who had primary physical custody of the
20
canlt remember right now.
chi ld?
21
A.
22
Q.
And Mrs.
23
for Mr.
Carlsson,
24
residence,
25
believe i t was Mrs.

Carlsson,
Carlsson.
when you became the lawyer
was not residing in the Tunnel Hill
was she?

L - - - - - - - - - - - - - - - - - I N RE CJF NO. 185
You don't realize

4/2/09 _ _ _ _ _ _ _ _ _ _ _---l
291
it,
but you mixed up words.
the question.
MR .
better than I
Okay,
Your Honor.
YouVre not alone.
BY MR. MURPHY:
Q.
Mrs .
Carlsson was not residing at the Tunnel
Hill residence when you became Mr.
right?
10
A.
11
Q.
And the daughter,
12
with Mrs. Carlsson;

A.
Well,
14
Q.
Mr.
A.
was primarily
right?
she had greater than 50%.
Carlsson had visitation every other
I would have to look back at the orders.
17
What I
18
the custody.
19
Q.
remember is he had,
like,
And one of these issues,
20
lawyer for Mr.
21
Mrs.
Carlsson,
a third or more of
when you became the
was also whether
Carlsson was employed full time;
22
A.
Yes,
23
Q.
Mr.
25
McKenzie,
weekend, did he not?
16
24
Carlsson's lawyer;
believe that was the situation.
13
15
I think
speak.
MURPHY:
So why don'
that was an issue.

Carlsson was trying to avoid having to
pay any spousal support,

A.
right?
was he not?
don't agree with the word "avoid."
~------------------------IN
RE CJF NO. 185 -
His
412109-----------------------~
292
position was that no spousal support was due based on
the relative incomes of the parties.
Q.
Didn't you have Mrs.
Carlsson evaluated by a
vocational rehabilitation expert to opine that she was
not fully employed?

A.
10
believe that report was done.
that I was the attorney at the t
Q.
Well,
don't know
it was done.
that vocational rehabilitation expert
testified on Mr.
Carlsson's behalf at trial,
did he
not?
11
A.
Yes.
12
Q.
And his testimony related to her work and
13
whether she was working on a full-time basis;
14
15
A.
His testimony was about her ability to
be fully employed in the marketplace.
Q.
16
17
No.
right?
Was it your contention that she was
underemployed?
18
A.
Yes.
19
Q.
And she testified at trial that she worked
20
full time,
did she not,
Mrs.
Carlsson?
21
A.
She called it full time,
22
Q.
And,
23
that
24
not?
25
in fact,
yes.
her employer testified at trial
he also testified it was full time,
A.
Under his view,
he called it full
L------------------------IN RE CJF NO. 185
4/2/09
did he
time.
------~--------'
293
Q.
Mr .
straight through to 3:00 in the afternoon at her job;
right?
A.
I don't
at this point.
transcript says.
can't recall that amount of detail

I
would have to read what the
Q.
You don't recall that?
A.
Well,
10
hours,
do recall her discussing her work
but the exact hours you're describing,
couldn't say without looking at the record.
Q.
11
Now,
you knew also,
12
Mr.
Carlsson's lawyer,
13
by Joseph Mayo;
when you became
of this claimed interest held
right?
14
A.
Yes.
15
Q.
When did you first discover Mr. Mayo's
16
17
18
interest?
A.
I would not at this point be able to tell you
what time that was without some records.
19
Q.
Did you ever meet Mr. Mayo?
20
A.
Yes.
21
Q.
When did you first meet him?
22
A.
23
Q.
Did you meet him before trial?
24
A.
Yes.
25
Q.
Did you meet him in February of 2006?
couldn't tell you right now.
~--~--------------------lN
RE CJF NO. 185
4/2/09--------------------~
294
that time.
Did you ever provide any legal advice to
Q.
I don't have any independent recollection of
A.
Mr. Mayo?
A.
Maybe.
Q.
When?
A.
Oh,
I don't know when.
that the -
four-plex in this case,
But I did indicate
for him to be claiming an interest in the

he would have to file a
10
joinder.
11
Q.
You advised him to file a joinder?
12
A.
13
Q.
If you could take a look at the exhibit book
14
By the way,
night,
17
you took those exhibits home last
did you not?
A.
18
19
joinder.
that has the Respondent's exhibit binder.
15
16
did not advise him to file a
took this one
(gesturing).
Which one are you
talking about?
20
THE WITNESS:
The exhibit -- this exhibit
21
binder that says "Inquiry Concerning Peter J.
22
No.
23
i t says "Exhibit Binder."
24
BY MR. MURPHY:
25
McBrien,
185," it says "Respondent Peter J. McBrien," and
Q.
And did you also take judge
L------------------------IN RE CJF NO. 185
4/2/09
excuse me,
the
----------~
295
Commission's exhibit
A.
Parts of it.
Q.
PaTts of it?
A.
Mm-hmm.
Q.
Who gave you the authority to do that?
A.
Ms.
Q.
Did you request my authority to take the
Marchant.
exhibit binder on behalf of the Respondent?
A.
No.
10
Q.
In your years as a lawyer,
have you ever
11
taken exhibits in a trial horne with you while the case
12
is in trial?
13
A.
Not the real exhibit,
14
Q.
Well,
no.
you have the real exhibits before you,
you not?
15
16
A.
No.
17
Q.
Okay.
These are copies.

You didn't think it would be prudent
18
to ask Judge McBrien's lawyer whether it was okay for
19
you to take horne that exhibit book?
20
A.
21
Q.
That's not my question,
was speaking with Ms. Marchant.

ma'am.
My question
22
is:
23
could take that exhibit book horne with you?
Did you consider it prudent to ask me whether you
24
A.
I didn't think about doing that.
25
Q.
All right.
~------------------------IN
RE CJF NO. 185
No.
4/2/09--------------------~
296
Excuse me.
Did you
remove exhibit binders from the table where you're
sitting now,
the witness table,
THE WITNESS:
That's fine.
BY MR. MURPHY:
These two.
Okay.
Thank you.
Thank you.
Going to the Respondent's exhibit binder,
Q.
Exhibit B
10
A.
11
Q.
12
Yeah.
last night?
Mr.
Okay.
Yes.
did you prepare this on behalf of
Mayo?
13
A.
What?
14
Q.
Did you prepare Exhibit B on behalf of
15
Mr.
Mayo?
16
A.
No.
17
Q.
Did you give him any advice with respect to
18
Exhibi t
19
A.
No.
20
Q.
When did you find out that Exhibit B had been
21
22
23
24
25
B?
prepared?
A.
I don't know.
that I was served

Q.
I'd have to look at the day
or Mr. Carlsson was served.
So you didn't find out about Exhibit B until
it was actually served on Mr. Carlsson?

L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
297
A.
Q.
Was it served on you?
A.
It could have
Q.
So this just sort of came out of the blue,
this Exhibit B,
A.
6
7
10
en.
this joinder?
I don't know what you mean by "out of the
blue."
Q.
don't know who it was served on.
You had no idea before you were served with
Exhibit B that Mr.
Mayo was going to be filing a
Motion For Joinder?
11
A.
I thought he might,
yes.
12
Q.
Wasn't it part of your trial strategy to have
13
Mr.
Mayo not only file a Motion For Joinder but also
14
file a lawsuit against your client,

A.
15
Mr.
Carlsson?
No.
16
MR.
17
marked as an exhibit
18
which is the Verified Complaint for Specific
19
Performance,
20
Accounting Fraud and Breach of Implied Covenants of
21
Good Faith,
22
No.
25
Your Honor,
would like to have
this' would be Exhibit I
Breach of Conduct,
Money Had/Received,
Sacramento County Superior Court Action

Mr.
068S09590.
23
24
MURPHY:
Have you seen it,
Blum?
MR.
BLUM:
It's just been han

RE CJF NO. 185
d to me.
But
412109--------------------~
298
I believe I
docume~t
2
3
have seen this
MR.
BLUM:
No.
MR. MURPHY:
MR.
Your Honor.
No objection.
Exh~b~t
(Respondent's
It will be received
rece~ved
~nto
ev~dence.)
13
14
BLUM:
Yes,
as Exhibit I.
11
12
You're asking that
we receive it?
10
Do you have any
objection to it being received?
before.
MR.
MURPHY:
have three copies for the
Court.
15
16
MR.
17
MURPHY:
And may I
18
until we receive the copies.
19
time to take our morning recess.
20
recess for 10 minutes.

(Recess taken.)
22

Exhibi t
I.
24
the court reporter.
25
the original?
approach the witness?

Why don't you wait
Actually,
21
23
Thank you.
this is a good
The Court will be in
Mr.
Murphy,
this is
The original exhibits are being kept by

Do you have one you can deem as
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
299
THE COURT REPORTER:
that.
We just talked about
He's going to get me a copy.

already received this,
provided to the court reporter.
of that,
Okay.
So I've
but the original has to be

So will you take care
Mr. Murphy?
MR. MURPHY:
There is a problem I brought to Mr.
Yes,
Your Honor.
attention with respect to Exhibit I.
Blum's
Attached
- not
10
attached but clipped to Exhibit I are actually a
11
couple of additional letters that should not be part
12
of the exhibit.
13
remove those.
14
15
18
request that the Court just
They are not part of the complaint.
What do you want me
to do with them?
16
17
And I
MR. MURPHY:
If you'd just give them back to
me-
Okay.
19
not part of the exhibit.
20
from the Law Office of Sharon Huddle?
21
22
23
24
25
MR.
MURPHY:
So they are
You're talking about the two
Right.
And I apologize for not
recognizing that mistake earlier.

Well,
we all find
out how we can get confused with copies.

(Documents han
~-----------------------IN
d to Counsel.)
RE CJP NO. 185 -
4/2/09--------------------~
300
.-------------------- ..
.. --~----
MR. MURPHY:
Thank you.
When you provide the
original to the court reporter,
statement to that effect on the record so we'll know
it has been accomplished?

MR. MURPHY:
I will provide the original
exhibit to the court reporter.
would you make a
But when you do,
understand that.
make a statement on the record at the
10
appropriate time so that we have a record that i t ' s
11
actually been provided.
12
MR. MURPHY:
13
14
15
Sure.
assume Exhibit 38 has been
MR.
17
18
MR. MURPHY:
19
BLUM:
20
ask permission.
21
the privilege.
22
24
25
the original
has been provided to the court reporter?
16
23
Thank you.
Q.
Yes,
it has.
May I
Thank you.
approach?
You don't have to
I only get excited when people abuse
MR.
MURPHY:
Ms.
Huddle,
All right.
taking a look at Exhibit I,
do
you recognize this Complaint?
A.
I believe I
have seen it before.
L - - - - - - - - - - - - I N RE eJF NO.
185
4/2/09--------------~
301
Q.
When did you first see it?
A.
Q.
Did you see i t before it was filed with the
could not tell.
Court?
A.
No.
Q.
Did you prepare Exhibit I?
A.
No.
Q.
Do you know who prepared Exhibit I?
A.
No.
10
Q.
Was it prepared by a lawyer,
11
knowledge?
12
A.
13
Q.
Did you ever discuss Exhibit I
14
A.
"Discuss" meaning the contents of it or just
to your
don't know.
15
discuss -- yeah.
16
me a copy stating he was served with it.
17
18
Q.
He filed it,
understand that.
My question was,
however,
did you discuss Exhibit I with Mr. Mayo?

A.
Yes.
20
Q.
And what did you and Mr.
21
Exhibi t
22
A.
Mayo discuss about
I?
That he had filed it and that he was going
forward with his complaint.
24
25
Mayo?
and my client brought
19
23
with Mr.
Q.
Mr.
When did you discuss the exhibit with
Mayo?
L . . . . . . . . - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09-------------------~
302
A.
Just what I said.
Q.
"When"?
A.
Oh.
Q.
Was it before commencement of trial in
couldn't tell you when.
Carlsson v.
A.
Yes,
Q.
And so prior to the trial of Carlsson vs.
Carlsson,
Mr.
10
11
12
Carlsson?
believe so.
you knew that Mr. Mayo was adverse to
Carlsson;
A.
right?
knew he was making a legal claim against
him and Mrs. Carlsson.
Q.
And you also knew that in connection with
13
this Complaint, Mr. Mayo filed a lis pendens against
14
the 24th Street property;
right?
15
A.
16
Q.
You do know what a lis pendens is,
17
A.
Yes.
18
Q.
And you knew that if that property were sold,
don't remember that.

don't you?
19
that the lis pendens could prohibit monies from the
20
sale to be disbursed to the parties;
21
22
23
A.
didn't know
right?
or can't remember that there
was a lis pendens.

Q.
Didn't Ms.
Keeley explain to you that the
24
reason she was opposing the sale of the 24th Street
25
property was because of a lis pendens filed against it

L-------------------------IN RE CJF NO. 185 -
4/2109-----------------------~
303
by Mr. Mayo?
A.
Not that I
Q.
Did you recommend to Mr.
recall,
no.
Mayo that he prepare
this Complaint For Specific Performance,
Breach of
Contract, Money Had and Received,
Breach of Implied Covenants and Good Faith?
Accounting Fraud and
A.
No.
Q.
If you could turn to Exhibit 6 of the
10
Commission's exhibit book,

Set family law matter.
this is the Memorandum to
Do you see that?
11
A.
Yes.
12
Q.
And this document was prepared in November of
13
2005;
14
correct?
A.
15
signed by Ms.
16
17
That's what it states.
Q.
2005;
It states it was
Keeley on November 10,
'05.
And filed with the Court on December 13,
right?
18
A.
That's what it states.
19
Q.
And prior to filing this Memorandum to Set,
20
you had discussed with Ms.
21
for trial;
22
23
24
25
A.
Keeley your availability
right?
Well,
probably it was my secretary that did
the discussion.
Q.
Turn to Page 2 of Exhibit 6,
available or agreed dates,
Respondent's
March 2 and 3,
L - - - - - - - - - - - - - - I N RE CJF NC .
.185
20
4/2/09--------------~
304
A.
Yes.
Q.
You were available for the Carlsson trial on
March 2 and 3 of 2006;
right?
A.
Yes.
Q.
And you knew that when this Memorandum to Set
was filed,
it estimated a two-day trial;
A.
Correct.
Q.
And you agreed to that,
A.
10
was -
11
12
did you not?
I believed two days
or would be sufficient.
Q.
Set,
did not oppose it.
right?
And you didn't file a Counter Memorandum to
did you?
13
A.
No,
I did not.
14
Q.
Have you ever had a family law matter go to
15
trial in Sacramento County that lasted more than two
16
days?
17
A.
Yes.
18
Q.
And was that -- how many cases have you had?
19
A.
Meaning?
20
Q.
Well,
put it this way:
You understand the
21
procedure that if the case is more than two days,
it
22
will be assigned for the Master Calendar Department
23
over here on 9th Street;
right?
24
A.
I don't understand that,
25
Q.
You don't.
no.
All right.
L-------------------------IN RE CJF NO. 185
4/2/09--------------------~
305
In Item No.8 on Exhibit 6,
it states:
Indicate below names of parties -- party/parties being
represented by trial counsel.
Do you see the section for claimant?
A.
I'm confused.
Q.
Where are you at?
am referring to Exhibit 6.
MR. MURPHY:
10
the page.
Page 1.
You didn't indicate
That was the confusion.
11
MR.
12
THE WITNESS:
13
Page 1.
MURPHY:
Item 8.
Yes.
BY MR. MURPHY:
14
Q.
Where it says claimant?
15
A.
Ye.'3.
16
Q.
What's that section for?
17
A.
Well,
sometimes there's a person who
--
18
guess you call it intervenes,
19
somebody joins in the case who's a necessary party to
20
resolving the divorce case.
21
Q.
but actually it's
So as of December 13,
2005, Mr.
22
an interested party in the Carlsson vs.
23
was he?
24
A.
25
joined.
I wouldn't say that.
Mayo was not

Carlsson case,
I would say he was not
You can't be a claimant unless you're joined.
L-------------------------IN RE CJF NO.
185
4/2/09--------------------~
306
Did you advise Mr. Mayo at any time prior to
Q.
December 13,
case?
A.
2005 to join the Carlsson vs.
Well,
Carlsson
I didn't give him any advice in that
But I did tell him that if he wanted to be
sense.
involved in the case and have his interest heard that
he had to join himself to the case.

Q.
Did you discuss a possible joinder of
Mr. Mayo with Charlotte Keeley?
10
A.
No.
11
Q.
Did you request from Ms.
12
Keeley a stipulation
to allow Mr. Mayo to join in Carlsson v.
13
A.
I don't remember doing so,
14
Q.
If you'll refer to Exhibit 8.
15
that in front of you, Ms.
Carlsson?
no.
Do you have
Huddle?
16
A.
Yeah.
17
Q.
Specifically the portion on Page 1, Lines 24
18
through 26,
(reading):
19
Dougherty will serve as special master relative to the
20
issue of child custody,
21
to reunification of child with husband."
22
that?
"The parties agree that Frank
including decisions relating

Do you see
23
A.
Yes.
24
Q.
Was there a reunification effort underway for
25
McKenzie and Mr.
Carlsson?
' - - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09--------------~
307
I couldn't say without
A.
pleadings.
Q.
ng at the
So you don't know whether there was any
problems between the minor child and Mr.

Problems as in parenting issues;
A.
100
Carlsson?
is that what
you mean?
Q.
Well,
you argued to the Court that you were
denied the opportunity to put on testimony as to the
trauma that would be caused by the sale of the family
10
residence to the minor child; right?
A.
Yes.
12
Q.
Well,
reunification is a process where a
13
therapist will attempt to reunify a child with a
14
parent;
15
A.
Correct.
16
Q.
And so there was a reunification issue
right?
17
involved between Mr. Carlsson and the minor child,
18
least as of February 2006;
right?
19
A.
No,
20
Q.
The Statement of Issues,
at
don't think so.

Contentions and
21
Proposed Disposition of Case was submitted by
22
Ms.
Keeley on February 2nd of 2006;
right?
23
A.
That's what the "stamped endorsed" indicates.
24
Q.
And there was a settlement conference
25
scheduled for February 15th of 2006?

~------------------------IN
RE CJF NO. 185 -
4/2/09----------------------~
308
2
3
A.
That's correct.
Q.
And you filed a pretrial statement,
That's what it appears to
say.
Exhibit 9,
on February 15,
2006;
right?
A.
Yes.
Q.
Did you serve a copy of that on Charlotte
7
8
9
10
11
12
Keeley?
A.
I have no independent recollection,
but I
I don't know that I've ever done a pretrial statement

and not served the other side.
Q.
Do you see a Proof of Service on this
exhibit?
13
A.
No.
14
Q.
Did you file Exhibit 9 on the date of the
15
settlement conference?
16
A.
That's what it appears to say;
17
Q.
You actually used this pretrial statement as
18
your settlement conference statement,
correct.
did you not?
19
A.
20
Q.
So you used the pretrial statement in lieu of
21
22
23
24
25
see them as one in the same.
a settlement conference statement?

A.
No.
I used it as the settlement conference
statement.
Q.
Who were the settlement conference pro tern
judges?
L - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09-------------l
309
A.
On that day?
Q.
On the day of the Carlsson v.
settlement.
A.
Q.
Were you aware that the day prior to the
Carlsson
can't remember at this time.
settlement conference, Mr. Mayo had filed Exhibit I,
the Complaint?
A.
I don't know.
Q.
Did Mr.
Carlsson tell you that the Complaint
10
had been filed the day before the settlement
11
conference of February 15,
12
13
2006?

attorney client privilege,
Are you getting into
Counsel?
14
MR. MURPHY:
15
16
there isn't a privilege in this instance?

MR. MURPHY:
17
18
asserted,
it can be asserted,
Mr. Carlsson's,
Your Honor.
The privilege is
not Ms. Huddle's.
MR. MURPHY:
22
THE WITNESS:
Okay.
I do not have a waiver from
Mr. Carlsson.
24
25
Is there a reason
If the privilege wishes to be
21
23
Your Honor.
19
20
I am,
MR. MURPHY:
Q.
All right.
Did you ever tell Ms.
~-----------------------IN
RE CJF NO. 185
Keeley about Exhibit I,

4/2/09--------------------~
310
the Complaint?
A.
At what point?
Q.
At any point.
A.
At some point,
Q.
Do you recall when that was?
A.
No.
records,
believe we discussed it.
r couldn't say without looking at
no.
Q.
Was it before trial?
A.
r believe before trial, it was known that
10
this Complaint existed.
11
Q.
12
Mr.
13
right?
I'm going to get to the trial in a second.
Mayo was going to be a witness at the trial;
14
A.
Yes.
15
Q.
And you knew that as of February 15,
16
ri
2006;
t?
17
A.
Knew what?
18
Q.
That Mr. Mayo was going to be a witness at
19
the trial.
20
A.
I would say yes.
21
Q.
That was part of your trial strategy,
22
23
24
25
him on as your witness;

A.
to put
correct?
I wouldn't call it strategy.
witness.
Q.
Well,
wasn't your witness that you were
L - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09-------------------~
311
putting on - - that was,
indeed,
your witness at trial?
A.
Yes.
Q.
SO it was your trial strategy to include him
as a witness;
right?
A.
Part of my case,
Q.
And you developed that strategy;
A.
Q.
A.
Well,
you have a strategy going into trial to
Well,
figuring what's important,
12
on.
what's not and who to put
If you call that a strategy,

Q.
yes.
Are you familiar with the term "attorney
j u d gm en t " ?
15
A.
"Attorney judgment"?
16
Q.
"Attorney judgment rule"?
17
do you not?
you have a plan of evidence and
11
13
right?
don't know what you mean by "strategy."
establish and prove your client's case,
10
14
yes.
Are you familiar
with that term?
18
A.
No,
19
Q.
Well,
20
words.
21
case;
am not.
you developed a plan -
we'll use your
You developed a plan to put on your client's

right?
22
A.
Yes.
23
Q.
And your plan included various witnesses;
24
25
right?
A.
Yes.
' - - - - - - - - - - - - - - - I N RE ,CJF NO.
185 -
4/2/09-----------.1
312
Q.
And one of those witnesses was Mr.
A.
Correct.
Q.
Now,
Mayo?
in connection with Mr. Mayo and his
proposed testimony,
was it your plan to prove his
complaint against your client?
A.
No.
Q.
That wasn't part of your plan?
A.
No.
Q.
Did you have the Complaint in your possession
10
when you conducted Mr. Mayo's examination during the
11
Carlsson v.
12
A.
Carlsson trial?
I could not tell you sitting here today.
13
do believe it was in my records I had that day,
14
typically bring the entire client's file to a trial.
15
16
Q.
Now,
and I
the case did not settle at the
settlement conference; right?
17
A.
Correct.
18
Q.
Did any of the issues settle?
19
A.
I'd have to look back at the Minutes to see
20
if there is some partial agreement.
21
is partial agreement to shorten the issues for the
22
Court.
Sometimes there
23
Q.
24
February 15,
25
weeks you would be going to trial in Carlsson vs.
So after the settlement conference on
2006,
you knew that within a couple of
' - - - - - - - - - - - - - - I N RE CJF NC . .185
4/2/09-------------------~
313
Carlsson;
A.
ght?
Well,
But we know that i t ' s pending;
between.
4
don't settle f
Q.
we still tried to work on settlement in

so if you
you're going to be in trial.
So your testimony is you undertook efforts to
settle Carlsson vs.
and March 2,.
A.
Carlsson between February 15,
2006
2006?
could not tell you one way or the other
9
without looking at my written correspondence to
10
Ms.
Keeley's office.
Q.
::"1
And you didn't review your written
12
correspondence before coming in here to testify,
13
you?
did
14
A.
15
Q.
Did you meet with counsel for the Commission
16
reviewed some of it,
before testifying?
17
A.
Yes.
18
Q.
Did you meet with me?
19
A.
Well,
20
yes.
meeting,
we had a deposition.
If you call that
yes.
21
Q.
22
A.
Yes.
23
Q.
Did I
24
to testify?
25
A.
took your deposition;
right?
interview you before you came in here
Outside of the deposition?
~------------------------IN
RE CJF NO. 185 -
4/2/09----------------------~
314
Q.
Well
A.
Q.
But you did meet with lawyers for the
have not met you outside of the
position.
Commission to prepare you for testifying here in this
proceeding;
right?
A.
Well,
Q.
You spoke with lawyers from the Commission in
8
9
10
we had a telephone conversation.
preparation for your testimony here;
right?
A.
Yes.
Q.
I would like you to take a look at Exhibit C
11
ln the Respondent's exhibit binder,
12
to Show Cause,
13
yesterday.
which is an Order
which you testified to a little bit
All right?
14
A.
Okay.
15
Q.
You prepared this Order to Show Cause to
16
continue the trial?
17
A.
Yes.
18
Q.
And when did you prepare it?
19
A.
It would probably be prior to the date the
20
client signed it,
21
exact day.
22
Q.
23
24
25
couldn't tell you the
But you prepared the entire Order to Show
Cause to continue;
A.
March 1.
right?
I ' l l take a look.
(Witness examines document.)
L-------------------------IN RE CJF NO.
185
4/2/09 ----------------------'
315
Well,
i t looks like my secretary did the
Notice Upon Ex Parte Application and Orders.
that.
Q.
It was prepared by your office;
A.
Yeah.
attachments obviously are exhibits.
some of them.
Q.
right?
The motion and the notice and the
She did
did not prepare
You take responsibility for the motion,
the Order to Show Cause;
for
right?
10
A.
Yes.
11
Q.
And to whom was -- it was presented to the
12
Court ex parte;
right?
13
A.
Yes.
14
Q.
By you?
15
A.
I'm pretty sure.
16
Q.
And you notified Ms.
17
ex parte application;
Keeley about the
right?
18
A.
Yes.
19
Q.
To continue the trial?
20
A.
Well,
can't remember anything independently
21
that long ago,
22
of the ex parte by my secretary,
23
indicate the purpose of the motion.
24
remember independently what was said to Ms.
25
Q.
but i t does look like she was noticed

which does not
So I
can't
Keeley.
Can you remember independently that
L-------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
316
Ms.
Keeley opposed the motion to continue the trial?
A.
can't remember what was said in that
hearing that day at all,
4
The motion was denied,
but it was not continued.
so I
would just make -
would
5
be making an assumption that she opposed it.
Q.
To whom was the ex parte application to
7
continue the trial made?
don't know.
A.
Q.
Was it made to Judge McBrien?
A.
can't independently remember who we were in
11
front of that day,
12
if there is handwriting on here,
13
it was Judge McBrien and not some other judge.
14
15
16
Q.
but I
do know his handwriting.

I
So
could tell you that
You have no independent recollection of which
judicial officer to whom you made this application?
17
A.
Correct.
18
Q.
Who was the supervising judge of the family
19
law courts in March of 2006?

couldn't tell you right now.
20
A.
21
Q.
Was it Judge Thomas Cecil?
22
A.
I don't know.
23
Q.
Was part of your strategy in representing
24
Mr. Carlsson to seek a continuance of the Carlsson vs.
25
Carlsson trial?
~------------------------IN
RE CJF NC. 185 -
4/2/09----------------------~
317
A.
I don't know what you mean by
was my belief that this new Complaint and his joinder
put the case in a position where we would be
litigating it,
at another time and place.
it all should be
litigated more than once.

Q.
and they would be litigating it again

And,
therefore,
thought
ard at the same time rather than
When was the Carlsson vs.
Carlsson matter
filed?
10
A.
didn't do the filing.
11
Q.
appreciate that.
But you've testified that
12
it was filed and served on your client sometime in
13
2004;
right?
14
A.
15
Q.
Didn't you testify under Mr.
don't remember saying that.
16
questioning that your client,
17
24th Street property and,
18
or about that time Mrs.
19
divorce?
20
21
22
A.
Well,
Blum's
in 2004,
refinanced the
unbeknownst to him,
Carlsson filed an action for
don't know the dates.
But I
know
that that is the fact that he contended.
Q.
Well,
you understood that the Complaint for
23
dissolution of marriage in Carlsson vs.
24
filed sometime ln the spring of 2004;
25
that at
A.
Based on the petition,
L-------------------------IN RE CJF NO. 185 -
Carlsson was
right?
would say that's

4/2/09----------------------~
318
correct.
Q.
2
3
Okay.
And you're now coming to tria
years later in Carlsson vs.
Carlsson;
two
right?
A.
The case is coming to trial,
Q.
And that's kind of a long time period for a
dissolution action to be resolved by trial,
A.
You mean longer than others?
Q.
That's all right.
is it not?
You knew that Mr. Mayo claimed that he had a
10
partnership interest with Mr.
11
September of 2003;
12
Carlsson going back to
right?
13
she know that?
14
BY MR. MURPHY:
15
16
yes.
Q.
At what point did
When you became counsel for Mr.
Car sson in
November of 2005
17
A.
Well,
18
Q.
Okay.
19
A.
And at that point in time,
think it was October of

October 2005;
sorry.
it was at the end
20
of October,
21
and the paperwork I
22
me what was being presented for trial.
23
Q.
and all issues,
'05.
as my client knew them,
received therea
er indicated to
At or about the time you became
24
Mr.
25
was claiming that he and Mr.
Carlsson's lawyer,
you understood that Mr.
Mayo
Carlsson had become
L--------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
319
partners in this 24th Street property in October of
2
2003;
3
right?
A.
I don't remember the date October 2003.
remember my client telling me that there was this
issue before -- that needs to be resolved.
6
the four plex and who owns it.
7
Q.
That is,
And ...
Take a look at Exhibit I,
8
pages into Exhibit I,
do
and it would be 16
General Partnership Agreement?
A.
Okay.
10
Q.
Do you see where it states:
"This
11
partnership agreement is entered into and effective as
12
of October 27,
2003?
13
A.
Yes.
14
Q.
And you had read this General Partnership
15
Agreement before you went to trial in Carlsson vs.
16
Carlsson;
right?
17
A.
18
Q.
Did you ever ask Mr. Mayo,
would believe so,
] 9
join in Carlsson vs.
20
you ever ask him that?
"Why didn't you
Carlsson during 2004-2005"?
21
A.
No.
22
Q.
The joinder,
23
s.
before the trial date;
though,
Did
was attempted shortly
right?
24
A.
The joinder was what?
25
Q.
Was attempted shortly before the trial date,
~-----------------------TN
RE CJF NO. 185
4/2/09--------------------~
320
was it not?
A.
I believe the joinder was filed before the
trial.
Q.
It was set for hearing after the trial;
5
right?
6
A.
I believe so.
Q.
So when you were going to the Court on this
ex parte application,
was it your expectation that the
trial would be continued?
10
A.
That's what I
was hoping.
11
Q.
Was that your
expectatio~?
12
A.
Courts typically don't want to undo trial
13
dates.
14
you never know whether or not you would get a
15
continuance when you requested one
16
one,
17
A.
20
when you request
Part of your plan was to get the case
continued;
19
So
so you don't know.
Q.
18
People are prepared; witnesses are ready.
right?
had hoped to get it continued and these
other issues all put together in the same case.
21
Q.
That was your plan;
22
A.
23
Q.
When that plan was thwarted by the Court not
right?
guess you would call it a plan.
24
granting the ex parte,
you knew that you were going to
251
trial the very next day;
right?
'--'- - - - - - - - - - - - I N RE CJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - -
321
A.
Yeah.
Q.
So you started to prepare for trial at that
point in time?
A.
I prepared before that.
Q.
So you were pr
red to go to trial the day
before the ex parte application to continue the trial
was made?
A.
statement.
10
11
Q.
Probably before I
filed the pretrial
And prior to filing the pretrial statement,

2006; right?
you're talking about February 15,
12
A.
Yes.
13
Q.
So you had already done your trial
14
preparation,
15
then?
16
A.
and you were ready to go to trial right
Well,
had done -- I don't have any
17
independent recollection of when I
18
witnesses or anything,
19
witnesses and do it all the night before.
20
possible.
21
22
Q.
All right.
but you can't have this many
A.
24
client did.
25
Q.
Either me,
Well,
did you not?
on behalf of my client,
who did?
~-----------------------IN
It's not
You testified under oath here
that you hired Brandon Ishikawa,
23
spoke to these
Did you hire him,
RE CJF NO. 185
or my
or did your
4/2/09--------
------------~
322
client hire him?
2
3
A.
I don't know who gave Mr.
Ishikawa the check,
if he gave it to me and I gave it to Mr.
Q.
Ishikawa.
Did you have an attorney client relationship
with Mr.
A.
No.
Q.
Did you have a contractual relationship with
Mr.
Ishikawa?
Ishikawa?
A.
I don't know what you mean.
10
Q.
Do you know what a contract is?
11
A.
Yes.
12
Q.
Did you have a contract with Mr.
13
Ishikawa to
perform legal services?
14
A.
I don't believe he has any written contracts.
15
Q.
Did Mr.
16
17
Mr.
Ishikawa have a written contract with
Carlsson to perform legal services?

A.
I wouldn't know.
18
MR.
19
20
MR.
21
22
25
BLUM:
Vague as to time,
Your Honor.
Pardon?
Vague as to time.
Overruled.
Answer
if you can.
23
24
BLUM:
THE WITNESS:
I don't know.
BY MR. MURPHY:
Q.
Mr.
Ishikawa was engaged in February of 2006,
L------------------------IN RE CJF NO. 185
4/2/ a9 -----------------------'
323
was he not?
A.
know he was engaged before he wrote the
Points and Authorities,
sometime before that.
Q.
Was he engaged before trial?
A.
That would be before trial.
Q.
And your testimony was he was engaged to
prepare Exhibit 13,
the Points and Authorities;
right?
A.
Yes.
Q.
That was the sole purpose of the engagement?
10
A.
Yes.
11
Q.
Were those your instructions to Mr.
12
Ishikawa,
to prepare this Points and Authorities?
13
A.
14
Q.
And did Mr.
15
told him what I wanted,
yes.
Ishikawa -- let me withdraw that.
You didn't prepare the Points and Authorities
16
because why?
17
A.
It is more cost effective for
when you're
18
going to do this type of research and writing,
19
somebody who does that on a regular basis.
20
less expensive than I am.
21
fees.
22
23
Q.
to hire
They are
So it saves the clients
So you don't do research and writing in your
practice?
24
A.
Yes,
25
Q.
And would it be accurate that at least with
do.
~-----------------------rN
RE CJF NO. 185 -
412109--~ -~. ~-----------~
324
respect to the factual and legal arguments of the
parties,
when he was engaged?
you were more knowledgeable than Mr.
Ishikawa
A.
You mean more knowledgeable about the facts?
Q.
The legal issues involved.
A.
On the issue I hired him for?
7
8
Fraud?
Is
that what you're asking?

Q.
I'm asking you a very simple question.

As of the point in time when Mr.
Ishikawa was
10
engaged,
you were more familiar with the factual
11
issues and legal issues involved in Carlsson vs.
12
Carlsson than he was?
13
A.
Correct.
14
Q.
And you understood that in order for him to
15
do the research and to write this Memorandum of Points
16
and Authorities,
17
the facts and the issues involved in Carlsson vs.
18
Carlsson;
he would have to become familiar with
right?
19
A.
Correct.
20
Q.
Nevertheless,
it's your testimony that it
21
would be more cost effective for him to become
22
knowledgeable of the legal issues and the facts and
23
write,
24
the research and the writing?
25
A.
do the research,
than it would be for you to do
Correct.
L-------------------------IN RE CJF NO. 185
4/2/09----------------
325
Q.
did you -- withdr
Did you appear in the supervising judge's
The trial,
department on March 2,
A.
2006 for assignment to trial?
presume that.
recollection other than I
March 2nd,
So I
8
9
10
11
12
13
and -
would have no independent
went,
obviously I
and it says it was
went to trial that day.
had to have gone.

Q.
And was the trial assigned out from the
supervising judge's department?

A.
Whoever was doing the assigning that day,
they assigned it;

Q.
correct.
And whoever that judge was assigned the
matter to Judge McBrien for trial;
14
A.
Correct.
15
Q.
And,
in fact,
correct?
didn't you leave the
16
supervising judge's
17
in and try to exercise a 170.6 challenge of
18
Judge McBrien?
19
20
A.
partment,
go outside,
come back
wouldn't know that without looking at the
paperwork.
21
Q.
What paperwork?
22
A.
Whatever the Court has.
23
Q.
Have you ever made an oral 170.6 motion?
24
A.
Yes.
25
Q.
Do you recall making an oral 170.6 motion of
~------------------------IN
RE CJF NO. 185
4/2/09----------
Judge McBrien in the Ca
A.
sson vs.
I have no independent recollection.
had been the judge all along,
inappropriate motion,
Q.
Carlsson case?
Since he
that would be an
it would seem.
When you are assigned for trial to a judge,
i t ' s inappropriate to file a 170.6 if the judge is
being called upon to issue new rulings?
A.
If he's already addressed and ruled on a
contested issue of fact.
10
Q.
You knew this trial assignment was going to a
11
judge to resolve contested issues of law and fact;
12
right?
13
A.
Correct.
14
Q.
And you don't recall filing an oral 170.6
15
against Judge McBrien in front of Judge Thomas Cecil?
16
A.
No.
17
Q.
All right.
18
department.
19
present to the Court;
You go to Judge McBrien's
I assume that you have a trial brief to

right?
20
A.
That's not required.
21
Q.
Well,
22
A.
No.
23
Q.
Ms. Keeley presented a
A.
24
25
did you present one?
trial brief, did she
not?
don't know.
L - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/ a9 - - - - - - - - - - - - - '
327
Q.
Did you present a declaration of the
attorney's fees
incurred by your client up through
trial to present to the Court on the first day of
trial?
A.
No.
Q.
Ms.
A.
Q.
Did you pre-mark your exhibits for trial?
A.
Some of them.
10
Q.
Did you provide the Court with an exhibit
11
list?
12
A.
Probably not.
13
Q.
Could you take a look at Exhibit 11.
Kee ey did,
didn't she?
don't know.
It's a
14
declaration regarding attorney's fees and costs filed
15
by Charlotte Keeley?
16
A.
17
Q.
Do you see the date-stamp March 2,
18
A.
Yes.
19
Q.
Were you given a copy of this Declaration Re
20
see that,
yes.
Attorney's Fees and Costs on March 2,
21
A.
but
23
the norm would happen.
25
assume I
Q.
2006?
I don't have any independent recollection,
22
24
2006?
got a copy of it.
It wou d be what -
Is there a reason why you didn't pr
are a
lar declaration and submit it to the Court at the
L - - - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09----------
328
1
2
3
4
start of trial?
A.
Because this matter
this issue is usually
addressed at the very end of trial.

Q.
All right.
Take a look at Exhibit 10, which
is a trial brief submitted by Ms.
a copy of this also on March 2,
A.
I could only assume so.
independent recollection,
Keeley.
Did you get
2006?
I have no
but probably,
yes.
Q.
Do you ever prepare trial briefs?
10
A.
Rarely.
11
Q.
You do prepare trial briefs,
12
A.
Rarely.
13
Q.
Does that mean yes,
14
A.
Yes,
15
Q.
And you would agree that a trial brief can be
16
do you not?
you have?
I have.
helpful to the Court?
17
A.
Yes.
18
Q.
Is there a reason you didn't prepare a trial
19
20
21
brief in the Carlsson vs.

A.
Carlsson case?
Because usually trial briefs are not
submitted to the Court in family law cases.
22
Q.
Is there a particular reason?
23
A.
No.
24
Q.
This case involved fairly complicated factual
25
and legal issues,
did it not?
L-------------------------IN RE CJF NO. 185 -
412109----------------------~
329
Q.
Well,
this whole issue of Mr.
Mayo's interest
in the 24th Street property was fairly complicated,
was it not?
A.
That fraud issue was a complicated issue.
Q.
All right.
A.
That's correct.
Q.
Let1s talk a little bit about the trial.
9
10
Ms.
Keeley presented Mona Carlsson as a witness,
employer and Mr.
her
Sutliffe; right?
11
A.
Yes.
12
Q.
And after presenting those three witnesses,
13
she rested,
did she not?
14
A.
15
Q.
Okay.
16
17
18
would have to look at the transcript.

Do you have a recollection of her
putting on any additional witnesses?

A.
Not as I
sit here today.
Whatever the
transcript says is probably what happened.
19
Q.
Were you trying to create a mistrial?
20
A.
No.
21
Q.
Do you deny it?
22
A.
Yes.
23
Q.
You deny that?
24
A.
25
Q.
solutely.
You knew that Judge McBrien was threatening a
L------------------------IN RE CJF NO. 185
412109--------------------~
330
mistrial if you didn't conclude it timely;
A.
He kept making that comment,
he would say,
"This could be a
mistrial."
Q.
yes.
But he
"You're approaching a mistrial," or
Yes,
strial," or "You can have a

he did make those comments.
As of March 2,
were you still -
As of March 2,
was it still your preference
withdraw
that.
right?
to have Carlsson vs.
Carlsson continued?
10
A.
Well,
11
Q.
But was it your preference as of March 2,
12
the motion was denied.
A.
Well,
14
Q.
As of March 3,
I would have preferred that,

2006,
to have that case continued?

A.
Well,
17
Q.
Was it your preference though?
18
A.
If you asked me,
20
21
yes.
was it your preference
16
19
gave it up.
2006 to have the case continued?
13
15
wasn't even thinking about it.
have been continued,

Q.
I believe the trial should
yes.
And that's your belief as of March 9,
that the case should be continued;
22
A.
(Gesturing) .
23
Q.
Your first witness was -
right?
24
25
SPECIAL MASTER DE BELLEFEUILLE:

RE CJF NO. 185
2006,
Counsel
We had no
4/2/ 0 9 - - - - - - - - - - - - - '
331
answer to
MR. MURPHY:
All three of us are
talking at the same time.

If you don't know what it is,
I'm sorry.
I ' l l ask him to
repeat it.
THE WITNESS:
always thought that the trial
should have been continued because it would have been
more efficient to have all those issues regarding
10
Mr. Mayo's interest addressed at the same time.
11
BY MR.
12
MURPHY:
Q.
You understood that Mr.
Carlsson wanted to
13
have Mr.
Mayo's interest addressed;
right?
14
A.
Yes,
15
Q.
And you understood that if you went to trial,
he did.
16
the decision was reached that Mr.
17
not be reached by way of this motion to join;
18
A.
19
Q.
I ' l l withdraw it.
20
Mayo's interest may

right?
don't understand your question.
You called Joseph Mayo as a witness;
right?
21
A.
22
Q.
And did you ever introduce any documentary
think I
did,
yes.
23
evidence showing that Mr.
24
in the 24th Street property?
25
A.
Mayo had a recorded interest
By "recorded," do you mean recorded with the
L------------------------IN RE CJF NO. 185
412109--------------------~
332
county recorder?
Q.
think that's what I meant,
A.
had no evidence of such.
Q.
Did you have any documentary evidence that
Mrs.
partnership agreement between Mr.
an addendum to that agreement?
9
10
yes.
Carlsson had executed either the original
A.
Carlsson and Mayo or
I would have to look at the agreement to see
if it was one that she signed.

Q.
Well,
let's take a look at Exhibit 1 to
11
excuse me.
12
is Exhibit 1 to the Complaint filed by Mr. Mayo
13
against Carlsson.
14
15
It is Exhibit 1 to our Exhibit 11,
SPEC AL MASTER ANDLER:

Bates stamp number,
Can you read the
please.
16
MR. MURPHY:
17
18
which
It's
Are you tal
ng
about Exhibit I?
19
MR. MURPHY:
20
Exhibit I.
Thank you.
There
21
are no Bates stamps on it.
22
attachment to the Complaint that is called Exhibit I?
You're referring to the
23
MR. MURPHY:
24
25
question,
Correct,
Your Honor.
Do you have a
Mr. Murphy?
L - - - - - - - - - - - - I N RE CJF NO .
.185
4/2/09-------------------~
333
BY MR.
Q.
MURPHY;
Referring to the partnership agreement,
is an attachment to Exhibit I,
recollection that Mrs.
that document?
does that refresh your
Carlsson was not a
signatory to
A.
Yes.
Q.
And did you ever produce any written
addendums to the partnership agreement signed by
Mrs.
Carlsson?
10
A.
Not that I
11
Q.
Your contention,
12
was that Mr.
13
Street property;
14
15
16
17
18
19
A.
can recall.
on behalf of Mr.
Carlsson,
Mayo had a one half interest in the 24th

right?
had several different things discussed.
I'm not sure -- i t ' s either one half or one third.

Q.
Didn't you argue that Mr.
Mayo had a
one-half
interest in the 24th Street property?
A.
I'd have to look and see if it was one-half
or one third.
20
Q.
You just don't recall at this point?
21
A.
Correct.
22
Q.
NOW,
23
which
aside from Mr.
Mayo,
what other
witnesses did you call?
24
A.
25
recall.
I'd have to look at the transcript.

The sister.
~------------------------IN
don't
called an eva
RE CJF NO. 185
4/2/09--------------------~
334
several people.
Q.
Mr. Mayo was cross examined by Ms.
Keeley;
right?
A.
I'd have to look and see.
Q.
And released from testimony;
A.
I don't think so.
Q.
Your other witnesses were all cross-examined
by Ms.
A.
10
Keeley;
right?
right?
She may have foregone one.
I'm not sure that
she cross examined everyone.
11
Q.
Well,
did she cross-examine Mr.
12
A.
I'd have to look at the transcript.
13
Q.
You don't have an independent recollection?
14
A.
Not that far back,
15
Q.
At any time during the period between the
Carlsson?
no.
16
March 3 trial date and the March 9 trial date,
17
attempt to resolve any of the factual or legal issues
18
with Charlotte Keeley?

A.
19
20
I would have to look at my written
correspondence before I could tell you yes or no.
21
22
did you
Q.
Ms.
Did you make any offers of proof to
Keeley for her agreement or stipulation?
23
A.
Are you asking me if
24
Q.
I'm asking you if you tried to streamline the
25
case between March 3rd,
2006 and March 9th of 2006?
' - - - - - - - - - - - - - - I N RE CcJF NO .185
4/2/09--------------------~
335
A.
couldn't tell you without looking at my
correspondence.
Q.
Prior to going to trial on March 9,
2006,
you estimate how much more time would be needed to
complete your case?
did
A.
Do you mean after the trial was stopped?
Q.
No.
A.
When?
Q.
My question was at any time prior to March 9,
10
2006,
did you attempt to estimate how long your case
11
was going to take to complete?
12
A.
Unless it's on the record,
13
Q.
In your own mind,
no.
did you est
14
figure out how much more evidence I
15
how many more witnesses I
16
to figure out I
17
this in three hours;
18
day?
te,
try to
need to put on,
need to put on?
can do this in two hours;
Did you try

I
can do
i t ' s going to take me another
Anything like that?
19
A.
Well,
20
Q.
When did you reach that conclusion that it
21
was going to take you
22
23
24
25
s .
--
back up.
What was the conclusion that you reached?
A.
That I
hopefully was going to get it all done
on that last day_

Q.
So it was your anticipation that you would be
' - - - - - - - - - - - - - - T N RE CJF NO.
185
4/2/09--------------------~
336
able to complete everything within three hours?

I was hoping,
A.
Well,
Q.
That's what you were trying to do?
A.
Yes.
Q.
And you were preparing your case for
yes.
presentation so that it would only take three hours;
right?
9
10
11
12
A.
Well,
I was preparing the evidence I
knew I
had left that I needed to get before the Court.
Q.
Prior to trial on March 9,
to recall Mr.
A.
2006,
you intended
Mayo?
It could have happened at that time,
or it
13
could have happened on the 9th when some evidence came
14
up and I decided I needed to call him to rebut that
15
evidence.
16
We'll use this
17
opportunity to take our second morning break.
18
be in recess for 10 minutes.
19
(Recess taken.)
20
We'll
We are back on
21
record in the matter of Judge McBrien in the presence
22
of the judge and counsel.
23
witness stand.
24
You may continue,
25
MR. MURPHY:
The witness is on the
Mr. Murphy.
Thank you,
L - - - - - - - - - - - - - I N RE CJF NO.
Your Honor.
185 - 4 / 2 / 0 9 - - - - - - - - - - - . . . . l
337
Q.
Ms.
Huddle,
I would Ii
you take a look at
Exhibit -- I believe i t ' s 37
MR.
BLUM:
The transcript?
MR. MURPHY:
THE WITNESS:
MR. MURPHY:
The transcript.
It's a separate binder.
the trial transcript,
366.
THE WITNESS:
37?
Carlsson vs.
Carlsson.
It's
Page
Okay.
10
MR. MURPHY:
Line 9 through 11:
11
"The Court:
Have you resolved the case?
12
the case settled?
13
14
Has
"Ms.
Q.
Keeley:
No,
Your Honor."
Off the record on March 3,
2006,
did
15
Judge McBrien suggest to the parties that they attempt
16
settlement?
17
A.
can't specifically remember that,
but it is
18
common that judges ask the parties to please see what
19
they can settle.
20
21
22
Q.
What effort did you undertake between March 3
and March 9 to settle Carlsson v.

A.
Like I
23
correspondence.
24
looking at that.
25
Q.
said,
Ca
sson?
that would be in my
So I couldn't tell you without
Going on,
the same page,
~-----------------------IN
RE CJF NO. 185
366
Line 16 throu h
4/2/09--------------------~
338
Line 24:
"Ms. Huddle:
testimony,
could possibly mark,
him now and mark them now?

"T
though,
While he is giving his
I have exhibits if the Court clerk

or do you want me to give them to
Court:
I thought we
premarked all the exhibits.
"Ms.
there is a claim made,
10
Ms. Huddle,
Huddle:
When rebuttal comes up and
then I have to pUllout more
documents to show that it's not true."
What rebuttal were you talking about?
11
12
A.
can't remember.
13
Q.
You were in your case-in-chief,
14
A.
Well,
were you not?
in family law it's rare to do a
15
case in chief,
rebuttal,
case-in-chief,
16
rebuttals.
17
usually take witnesses out of order.
18
which person or what I was talking about there.
It never really works out that way.
Q.
You were in your case-in-chief,
20
A.
Through the entire days,
case-in-chief; but we were interrupting,
22
witnesses.
24
25
were you not?
I was still in my
21
Q.
You
So I don't know
19
23
then
taking other
What rebuttal were you preparing when you
were in your case-in-chief?
A.
Probably some other witness's testimony.
L-------------------------IN RE CJF NO. 185
4/2/09--------------------~
339
Q.
Wh
A.
Q.
What were the documents that you had not
premarked?
5
6
could not tell you sitting here today.
I could not tell you sitting here today
A.
without -
unless the record shows it.

Well,
don't want to read this into the
Q.
record,
between Pages 366,
but would you agree that the transcript,

Line 4,
and 370,
ine 6,
involves
10
the issue of the request by Judge McBrien for
11
Mr.
12
Act record?
Carlsson to provide the Fair Political Practices
13
A.
What pages to what pages?
14
Q.
366 to 370.
15
16
A.
There was quite a bit of exchange about that.
17
Q.
And you would agree,
would you not,
that you
18
were arguing with Judge McBrien relative to the claim
19
of Fifth Amendment?
20
21
22
23
A.
don't recall arguing.
I was trying to
clarify the record.

Q.
Well,
you were asserting
some Fifth Amendment privilege;
trying to assert
right?
24
A.
Correct.
25
Q.
And the Court was taking exception with your

RE CJP NO. 185
4/2/09--------------------~
340
position;
right?
A.
Yeah.
Q.
And you were arguing to the Court that
Mr.
employer and get a copy of a document that is filed
with the Secretary of State for the State of
California;
Carlsson should not be required to go to his
A.
correct?
It was never requested that he go get it.
Judge McBrien indicated he wanted somebody else to go
10
get it.
11
Q.
It was requested of your side to the case
12
that this record from the Secretary of State's be
13
produced;
14
A.
15
Q.
16
17
18
19
20
21
right?
It was requested from Judge McBrien.

t
was requested by Judge McBrien to you and
your client to produce the record;

A.
He was asking my client to produce the
record.
Q.
And you were arguing with the Court that the
record should not be produced;

A.
objection,
23
arguing my reasons why I
24
applied.
Q.
right?
I was making an objection and then arguing my
22
25
right?
and then asserting the Fifth Amendment and

thought the Fifth Amendment
And at one point,
as you testified to
L------------------------IN RE CJF NO. 185
4/2/09--------------------~
341
yesterday,
I'll r
the Court stated
On Page 369,
Lines 22
exactly what the Court said.
through 24:
placing you in the possibility of contempt?"
"Ms.
Huddle,
am I to take that as a no,
A.
Yes,
see that.
Q.
And that statement was made after you and
Judge McBrien went on for several pages arguing over
whether the Fifth Amendment applied or not;
A.
like
I don't know about several pages.

yeah,
11
Have you finished
your answer?
THE WITNESS:
Yeah.
There was
14
one other
15
about two pages written.
16
irrelevancy of it as well,
and then I
17
my client getting advice.
So really
18
several pages.
19
BY MR.
20
Q.
it looks like it's,
well,
it's
of the transcript,
But I was discussing the

was asking about
you said
I think i t ' s more like two pages.
MORPHY:
And it was you,
21
under direct examination,
22
Donald Minkoff;
when you had Mr.
Carlsson
who broached the topic of
right?
23
A.
Donald Minkoff was my witness,
24
Q.
But under Mr.
25
It looks
there was.
12
right?
yes.
Carlsson's questioning by you,
you elicited testimony relating to Mr.

' - - - - - - - - - - - - - - I N RE elF NO.
185
Minkoff's
4/2/09-------------------
342
interest in the 24th Street property;
2
3
A.
would have to look at the transcript to
confirm that,
4
5
Q.
correct?
but I
do believe that happened.
And you also elicited that Mr.
Minkoff was
paid off in the refinancing of the property;
right?
A.
I vaguely recall something about that.
Q.
And you also elicited testimony that
Mr.
purchase of the 24th Street property with no interest;
10
11
Minkoff loaned money to Mr.
right?
A.
believe the property was purchased by the
12
Moores and Mr. Carlsson.
13
interest.
14
either losing or making.
15
16
Carlsson for the
Q.
And I
believe there was
The interest was what Mr.
Mr.
Minkoff was
Minkoff put up all the money to buy the
24th Street property;
right?
know he put up a certain dollar amount.
17
A.
18
Q.
And you elicited that testimony through
19
20
21
22
23
24
25
Mr. Carlsson;
A.
correct?
would have to look and see if I
asked that
actual question.
Q.
Do you have an independent recollection of
eliciting that testimony?
A.
really don't have an independent
recollection of much this far down the road.

L - - - - - - - - - - - - I N RE elF NO.
185
4/2/09----------~
343
Q.
And then under cross ex
went into the relationship between Mr.
Mr.
Carlsson;
Minkoff and
correct?
A.
Correct.
Q.
And elicited testimony that Mr.
Minkoff was a
landlord to the State of California; correct?
A.
If that's what the transcript says,
Q.
Do you have a recollection of that?
A.
Not independently.
10
Q.
You didn't object to that testimony,
11
A.
Not until later.
12
Q.
And,
in fact,
yes.
did you?
all this testimony relating to
13
the Fair Political Practices Act -- Fair Political
14
Practices documents was all elicited as a result of
15
your introducing testimony relating to Mr.
16
interest and business relationship with Mr.
17
isn't that correct?
18
A.
don't
know because I
19
Q.
You did bring up in Mr.
20
under direct examination,
21
with Donald Minkoff,
22
A.
Yes.
23
Q.
And Mr.
24
25
Minkoff's
Carlsson;
didn't bring that up.

Carlsson's testimony,
his business relationship
did you not?
Minkoff's financial interest in the
24th Street property; right?

A.
Yes,
I believe so.
' - - - - - - - - - - - - - - I N RE CJF NO.
185
412109--------------------~
344
Now,
Q.
on March 9,
3
4
at what point in time did you realize,
2006
let me back up.
You understood that trial,
on March 9 ,
2006,
was going to go from 1:30 to 4 : 30; right?

know we were starting at 1:30,
yes.
A.
Q.
And it would go until 4 : 30; correct?
A.
If there was a statement on the record that
we're ending exactly at 4:30 and I was there,
have heard that.
10
What was your understanding?
Q.
Was it your
11
understanding that you were going to go until
12
midnight?
Well,
no.
I would
But there are occasions where the
13
A.
14
Court says,
15
finish it up right now so we don't have to all come
16
back."
17
18
19
Q.
"Okay,
if you only have 15 minutes,
That's not uncommon.

What was your understanding as to when court
was going to finish on March 9,

A.
I would assume that
2006?
typically the Court
20
like to ends things at 4:30.
21
we'd try to get out of there at 4:30.
22
Q.
let's
So I would assume that
At some time prior to 4:30,
did you reach the
23
conclusion that you were not going to finish your
24
evidence by then?
25
A.
Well,
towards the end of -
L - - - - - - - - - - - - - I N HE CJF NO .
towards the end
.1 85 .- 4 / 2 / 0 9 - - - - - - - - - - - - - - '
345
of the testimony,
some other eVl
finish.
Q.
it appeared that I
had to put on
nce and this just was not going to
At what point in time did you reach the
understanding or conclusion that you would not finish
by 4:30?
A.
Towards the end.
Q.
And at 4:00,
9
10
would say probably 4:00.
did you approach Charlotte
Keeley requesting additional time to complete your
case?
A.
11
Charlotte Keeley is
well,
she doesn't have
12
the power to deci
when I get extra time or not.
13
no,
would have ever asked her.
I don't think I
14
Q.
Well,
So,
you understood that Judge McBrien had a
15
policy that before you could request additional time,
16
you had to ask the other side for additional time,
17
you not?
18
A.
did
I've never known a situation where you have
19
to ask for additional time.
A trial just keeps going.
20
And typically the judge says,
21
much longer your testimony is going to take?
22
think we're going to be able to end it by today?
23
do you have.
24
it up."
25
that,
"Do you know about how

Do you
What
Perhaps an offer of proof will shorten
The judge is typically the one that does
not the opposing side.
~-----------------------IN
RE CJF NO. 185
4/2/09--------------------~
346
Ms.
Huddle,
did you not estimate the trial to
Q.
be two days?
A.
I did not object to that estimate.
Q.
You joined in that estimate,
A.
By giving the dates,
Q.
Didn't you,
did you not?
you'd say
as a lawyer,
s .
have a
responsibility to bring to the Court's attention that
this trial estimate was going to be longer than
originally made?
10
A.
11
4:00 or so,
12
finish.
13
Q.
14
you;
towards the end of the day,
say around
when it became apparent that we might not
Okay.
So around 4:00,
it became apparent to
right?
A.
15
Well,
Sometime towards the end of the day.
And
16
didn't mark that so I could remember it's exactly at
17
4:00 or 4:10.
18
Like,
19
to get everything on.
20
I would say it was the last half hour.
I don't know if this
Q.
Well,
1S
going to
if I'm going
yesterday you were testifying about
21
Judge McBrien's comment about a mistrial when you
22
requested to go to the bathroom;
23
A.
Okay.
24
Q.
On March 9,
25
right?
I'm confused.
2006,
at approximately 4:00,
requested a recess to go to bathroom;

' - - - - - - - - - - - - - - - - I N RE CJF NO.
you
right?
185- 4 / 2 / 0 9 - - - - - - - - - - - - - '
347
A.
If t
Q.
You read it yesterday.
Do you remember that
testimony?
A.
was
room,
usual.
Q.
But there
remember talking about it.
in this trial,
think,
had to ask to use the lady's

This was not the
more than once.
On March 9,
2006,
did you request a
restroom
break at approximately 4:00?
10
A.
Whatever the transcript says.
11
Q.
Do you have an independent recollection of
12
that event?
13
A.
14
lady's room.
15
you without looking.
have a recollection I
had to ask to use the
That it was at 4: 00,
could not tell
16
Q.
Towards the end of the day?
17
A.
18
Q.
When you took that restroom break,
19
couldn't tell you.
spoke with Mr. Mayo,
you also
did you not?
20
A.
At one of the breaks,
21
Q.
And you spoke with your client about a
22
23
24
25
possible mistrial,
A.
did.
did you not?
At some point I
did discuss with him the
judge's comments about a mistrial.
Q.
Let's go to Page 442.
' - - - . - - - - - - - - - - - - I N RE CJF NO.
I don't want to argue
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - '
348
with you,
through 443,
Huddle:
Your Honor,
is there any way I
could get a break to use the lady's room?

"The Court:
Line 13,
Line 9.
"Ms.
so we'll go to the transcript.
You know,
you're approaching a
mistrial.
"Ms.
Huddle:
I haven't been able to talk to
the gentleman who went to work to get the records you
requested.
10
"The Court:
Okay.
Is that why
"Ms.
lady's room.
Huddle:
No.
do need to use the
Why don't we take a five-minute
16
recess.
But I guarantee you,
17
by 4:30,
there will be a mistrial.
18
"Ms. Huddle:
19
"The Court:
if this is not completed
I have records to get in.

I didn't estimate the length for
the trial.
"Ms.
21
Keeley:
Of the records that Ms.
22
has provided to me today,
23
being admitted as exhibits in this matter.

"Ms. Huddle:
24
25
why you
We have been here
"The Court:
15
20
are asking for a break?
13
14
I don't know what he has
to say.
11
12
He has returned.
mistrial.
Huddle
I have no opposition to them
My client is asking me about a
I need to confer with my client.
L-------------------------IN RE CJF NO. 185 -
think
4/2/09----------------------~
349
five minutes,
talk to him."
Now,
can race down the hall,
race back and
as of this point in the trial,
was i t
your expectation that you would not be ab e to
complete the evidence by 4:30?
A.
It was doubtful.
Q.
You knew,
based on what the Court said,
it had to be finished by 4:30;

A.
that
right?
Frequently that is stated,
but i t ' s not
10
followed through with because we all know the costs to
11
the Court system,
12
redo trials.
13
Q.
14
15
16
17
you,
the parties and everybody else to
But it was a statement made by the Court to
was it not?
A.
Are you talking about a particular mistrial
statement,
Q.
18
or all of them?
442,
Line 25 through 27:
"The Court:
Why don't we take a five-minute
19
recess.
But I
20
by 4:30,
there will be a mistrial."
21
guarantee you,
if this is not completed
That was directed to you,
was it not?
22
A.
It could have been just to me.
23
Q.
Well,
24
2
did you think that Judge McBrien was
going to just say 4:30 and then continue on?
That was
ation?
RE CJF NO
.185 - 4 / 2 / 0 9 - - - - - - - - - - - - - - . J
350
A.
I didn't know how much we were going to be
able to get in,
to.
retry the entire case just over a small amount of time
left to finish the case off.
6
7
how much would be left if we needed
And I assumed that we certainly wouldn't want to
Q.
Did you expect the Court to go to 5:30 or
6:00 to complete this case?
A.
No.
Q.
You had more than an hour of testimony left,
10
according to your own estimation at 4:30,
A.
11
12
13
me,
At that time,
did you not?
that's what became apparent to
that there was more.

Q.
So during this five-minute recess,
did you
14
consider the possibility of putting on the record your
15
request for additional time?
16
A.
No.
I didn't even believe additional time
17
would be acceptable.
18
Judge McBrien was willing to do anything other than
19
end it at 4:30.
20
Q.
It was not my impression that
So what you're telling us is that you did not
21
request from Ms.
Keeley additional time,
and you did
22
not make a request to the Court for additional time?
23
Is that what you're telling us?
24
A.
You don't do that.
25
Q.
You've never requested additional time from
That's just not done.
L-------------------------IN RE CJF NO. 185
4/2/09----------------------~
351
the Court?
A.
You mean in a trial?
Q.
I'm not going to argue with you, ma'am.

You did not request additional time from the
Court;
isn't that correct?
A.
That's correct;
Q.
And you did not request additional time from
8
9
10
Ms.
Keeley,
I did not.
did you?
A.
did not.
Q.
Let's go back now to the conclusion of the
11
trial,
and the very last page of Exhibit 37,
12
the reporter's transcript,

"Ms.
13
14
Keeley:
Line 11:
We'll arrange another date.
Don't panic."
15
Do you see that?
16
A.
What line are you at?
17
Q.
The line is -
18
A.
11.
19
Q.
20
transcript.
21
A.
Okay,
22
Q.
And that was an offer made by Ms.
23
24
25
463 of
I got it.
11 to 12 on Page 463 of the reporter's
yes.
arrange another date for hearing;

A.
Keeley to
right?
She was
'--------------------------IN RE
C~7F
NO.
185
That question can be

4/2/09--------------------~
352
answered yes or no,
Ms.
THE WITNESS:
Go ahead.
Okay.
What was the question?
BY MR. MURPHY:
Q.
Huddle.
Ms.
for trial,
Keeley offered to arrange another date
did she not?
A.
Yes.
Q.
You didn't take her up on that offer,
A.
The Court wasn't offering any.
you?
10
11
did
She has no
authority to set extra trial dates.
12
Q.
So what you're telling me is that if you and
13
Ms.
Keeley had not
14
requested some additional time,
15
authorized?
16
A.
I'm confused by your question.
17
Q.
Okay.
18
(sic)
gone to the Court and

that was not
Let me restate it.
Your testimony is that the reason that you
19
did not take Ms.
20
the Court would not have granted additional time?
21
22
23
24
25
A.
No.
Keeley up on her offer was because
She had no authority to make the offer
for additional time.

Q.
Parties cannot stipulate to extend the
estimated length of a family law case?
A.
Well,
once you're in trial,
L-------------------------IN RE CJF NO. 185
that's up to the
4/2/09--------------------~
353
trial judge.
Q.
You've never had an experience where you
entered into a
hearing?
or extend a
stipulation to extend t
A.
Never.
Q.
Have you ever made a motion to extend time?
A.
Never.
Q.
SO when you left the courthouse on March 9th
of 2006,
you didn't consider filing any type of an
10
application with the Court requesting additional time
11
to complete what you contend t
12
complete during the course of this two-day hearing?
you were not able to
13
A.
That was out of the question.
14
Q.
That was out of the question?
15
A.
Correct.
16
Q.
You didn't even give it any consideration;
17
did you?
18
A.
Correct.
19
Q.
Did you ever tell Ms.
20
Keeley,
"Gee,
think I
should file a motion"?
21
A.
A motion regarding extending time?
22
Q.
Right.
23
A.
Oh,
24
Q.
Did you then
25
no.
didn't tell her that.

-
since you could not file a
motion to continue the trial,
continue the I
L-------------------------IN RE CJF NO. 185 -
gth of
4/2/09----------------------~
354
the trial,
did you file a motion for a mistrial?
A.
No.
Q.
Did you consider filing a motion for a
mistrial?
A.
No.
Q.
You were given the opportunity to present a
written closing argument;
right?
A.
Yes.
Q.
And you were told by Judge McBrien's court
10
that you could also present some evidence relative to
11
attorney's fees;
12
13
14
15
16
17
18
A.
correct?
I believe he said that when he stopped the
trial.
Q.
What's the statutory authority of your right
to present an oral closing argument?

A.
I've never looked that up.
I wouldn't know
if there's a statute on it.

Q.
Do you know whether there is any decisional
19
law in the State of California that says attorneys are
20
not entitled to give oral closing arguments in family
21
law cases as a matter of right?
22
23
A.
entitled.
Okay.
I'm confused because you said "not
24
Q.
Okay.
25
A.
So I'm confused.
L-------------------------IN RE CJF NO. 185
412109--------------------~
Q.
Not entitled is the opposite of entitled.

do you know of any
Are you familiar
2
3
decisional law in the State of California that states
that family law attorneys are not entitled to give
oral closing arguments at trial?
A.
To make sure I'm answering your question,
I ' l l say,
attorneys in f
closing arguments.
10
Q.
do not know of any case law that states
Okay.
ly law cases are entitled to oral
Now,
did you consider it your
11
responsibility,
12
request additional time from the Court to present more
13
evidence and testimony?
14
15
16
A.
as a lawyer for Ulf Carlsson,
I believe such a
to
request would actually be
more damaging to my client.
Q.
I didn't ask that question.
My question is:
17
Did you consider it your responsibility to make that
18
request of the Court?
19
A.
No.
20
Q.
I would like to address your attention to
21
Exhibit 37,
Page 371.
22
MR.
23
THE WITNESS:
24
25
BLUM:
It's the transcripts.
y.
BY MR. MURPHY:
Q.
Lines 11 through 28.
~-----------------------IN
Do you have that?
RE CJF NO. 185 -
4/2/09--------------------~
356
A.
Okay.
Q.
Through 28.
A.
Okay.
Q.
What was the purpose of that testimony?
Page 371,
Line 11.
I believe the purpose was to show how he came
A.
about to be there testifying,
there;
and that's how he got
that's his condition.
Q.
How is that relevant?
10
A.
Well,
11
Q.
How he got to court?
12
A.
Well,
it's relevant as to demeanor.
some of it's just preliminary.
13
there was some,
14
part and Ms.
15
indicating truthfully that Mr. Minkoff had this
16
condition.
17
18
Q.
I believe,
Okay.
"Ms.
Let's go on to 32,
Huddle:
made.
21
that regard,
22
indeed was the case,
23
that he is here today."
25
after an objection
you state:
There were previously requests
20
24
disbelief on the Court I s
Keeley's part that indeed I was
of relevance was sustained,
19
I mean,
And I do believe there was some disbelief in

so I wanted to make clear that this
that he was not available and
The purpose was to what?
To dispel some
disbelief?
L-------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
357
A.
Part of it,
yes.
Q.
The Court goes on to state:
"You know,
you tendered that exp anation last week,
objected to it.
tria,
when
no one
think we ought to move on with the
with the substance of the matter."

No one objected to your explanation the
previous week,
did they?
A.
Make a formal objection?
Q.
Now,
No.
let's go on to Page 373,
Line 27:
10
"Your Honor,
11
questions I did want to ask because you do judge
12
demeanor."
got cut short on some preliminary
You knew the trier of fact judges demeanor?
13
14
A.
Yes.
15
Q.
That would be a jury in a jury case and the
16
Court in a nonjury case?
17
A.
The judge in a judge trial assesses the
18
witness's demeanor in determining whether or not they
19
want -- what kind of weight they want to give to that
20
particular witness's testimony.
21
Q.
Did you think when you made that comment that
22
Judge McBrien didn't know what his responsibi ities as
23
24
a witness?
25
judge was relative to determining the credibility of
A.
No.
I wanted to explain why
' - - - - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09----------~
358
1
2
the testimony.
Q.
Did you understand that Judge McBrien didn't
understand one of his responsibilities was to
determine believability of witnesses?
A.
No.
Q.
And you understood believability of witnesses
can be determined in many ways including their
demeanor while testifying;
correct?
A.
Correct.
10
Q.
So were you giving instructions to
11
Judge McBrien as to what he should do?
12
A.
No.
13
Q.
"The Court:
14
questioning.
15
with the questioning.
16
one of your motives."
17
18
Ma'am,
move on with the
This is not a law school class.
Move on
You don't have to explain every
Were you trying to explain your motive to

Judge McBrien?
19
A.
Not motive,
20
Q.
Were you trying to explain to him he had a
21
no.
responsibility to judge demeanor?
22
A.
No.
23
Q.
Ms.
Huddle,
you withdrew from the
24
representation of Mr.
25
motion;
Carlsson by way of ex parte
correct?
RE CJF NO. 185
4/2/09--------------------~
359
A.
Yes.
Q.
And that application for withdrawal was made
in early June of 2006 -
A.
Ye C)
Q.
-- while there was a motion pending in the
Carlsson vs.
hearing on June 20,
Carlsson case that was scheduled for
A.
Q.
And your a
10
2006?
believe there was a motion pending.

lication was submitted to Judge
Robert Hight?
11
A.
Yes.
12
Q.
At the time of your withdrawal,
13
VS.
was the Mayo
Carlsson case still pending?

don't know.
14
A.
15
Q.
Prior to your withdrawal,
did you make a
16
settlement proposal to Charlotte Keeley to avoid legal
17
fees that would be associated with Mayo vs.
18
A.
know I
19
it was for the pu
20
Mayo vs.
21
made proposals.
Carlsson?
don't know that
ose of eliminating legal fees in
Carlsson.
You're talking about the civil case;
22
Q.
Yes.
23
A.
Not the joinder.
24
Q.
Mayo vs.
25
A.
Okay.
Carlsson,
~-----------------------IN
correct?
the Complaint.
RE CJF NO. 185
4/2/09--------------------~
360
Q.
That case was actually dismissed,
was it not?
A.
I don't know.
Q.
Were attorney's fees and costs awarded to
Mona Carlsson against Mr. Mayo for bringing that
action?
A.
MR. MURPHY:
I don't know.
Those are all the questions I
have. Thank you.
10
MR.
BLUM:
Blum.
Just briefly.
11
RE-DIRECT EXAMINATION
12
BY MR. BLUM:
13
Q.
Un
Mr.
r questioning by Mr. Murphy,
you
14
explained that you still felt it was cheaper to hire
15
Mr.
16
speed on the facts of the case.
17
cheaper to do that?
18
Ishikawa even though he wou d have to get up to
A.
What Mr.
Why wou d it still be
Ishikawa needed to know was -- in
19
terms of fraud was the documentation as to when things
20
were signed, which I
21
him a 5 to I5-minute discussion about what my point
22
was that I wanted to make with the Court.
23
Q.
recall faxing to him and giving
So is what you're saying,
24
taken extensive time for Mr.
25
speed to research the case?

L - - - - - - - - - - - - - I N RE CJF NO.
it would not have
Ishikawa to get up to
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - 1
361
A.
know it did not.
Q.
Have you ever filed a 170.6 on Judge McBrien?
A.
Yes.
Q.
Have you done it many times?
A.
Yes.
Q.
Do you recall ever making an oral 176 point
motion?
You
misspoke.
10
MR.
11
BLUM:
Okay.
Thank you,
Your Honor.
Do you recall ever making an oral 170.6
Q.
12
"170.6."
motion to recuse Judge McBrien?
13
A.
Yes.
14
Q.
Do you recall ever making an oral motion like
that in
16
A.
fro~t
of Judge Cecil,
don't think I
to recuse Judge McBrien?
I may have said in a
17
case
18
judge that I'm standing in front of.
19
that you can do that motion to another judge.
20
believe I
21
a particular judge,
22
that we were assigned to.
23
judge would know that that was an issue before I
24
and went down to the other judge's department to
25
actually do the 170.6.
I think the 170.6 I've always presented to the
have,
before,
I don't know
But I
told the assigning judge that
perhaps,
I would do a 170.6 with,
And not -
' - - - - - - - - - - - - - - - I N RE CJ.F NC.
185 -
so that the
left
4/2/09----------
362
So I don't know that I've ever done a 170.6
to the judge that I'm not actually doing the 170.6
against.
Q.
You testified earlier that you did not want a
mistrial; correct?
A.
Correct.
Q.
Why not?
A.
It's very expensive for clients to have to
redo the entire thing.
The clients want to know from
10
you why,
11
three days or four days -- why we didn't get that
12
number straight,
and it cost all of this expense.
13
There's no way I
would have wanted a mistrial in any
14
case.
15
16
Q.
on such a simple basis as saying i t ' s two or
NOw,
you testified that you thought the case
should have been continued?
17
A.
Yes.
18
Q.
After that motion to continue was denied,
19
you make any efforts to try and get it mistried?
20
A.
No.
21
Q.
You just testified in response to
22
Mr. Murphy's questions that you never considered
23
you never asked
24
the time here.
25
did
should put this in context with
Late on March 9,
when the judge is telling
L-----------------------IN RE G]F NO. 185
412109---------------------~
363
you 4:30 or mistrial,
more time?
did you ever
A.
No.
Q.
Did you expect that you might be able to
5
6
7
8
9
10
continue past 4:30 that day?

A.
Depending on how much was left,
have seen
that happen many times.

Q.
After the trial ended the way it did,
did you
ever specifically ask the judge for more time?

A.
Using those words,
no.
Just as he was
11
leaving,
d.
So if
12
you want to call that a request for more time,
that's
13
the only time anything was mentioned directly to the
14
judge.
15
16
17
Q.
was telling him I wasn't conclu
When that trial ended the way it did,
were
you expecting the judge to walk out and not return?
A.
Well,
when he left for the EPO,
I assumed he
18
would take his call and that he would come back.
19
That's what I
20
21
Q.
thought would happen.
Instead,
is over" and left;
he returned briefly and said,
"Trial
correct?
22
A.
Yes.
23
Q.
Were you expecting that?
24
A.
No.
25
Q.
As he's leaving,
you were tr
IN RE CJF NO. 185
4/2/09
364
about additional evidence that was significant to you
for trying your case;
is that correct?
A.
Yes.
Q.
Please turn to Exhibit 18 again.
You
testified earlier as to what instructions the clerk
had given you on March 10,
related here in Exhibit 18.
and some of them are
Is that correct?
A.
That's correct.
Q.
And those instructions included,
at Line 19,
10
that "The trial in this matter is deemed concluded and
11
no further testimony will be taken."
12
13
14
A.
That's what I wrote there;
that must have
happened.
Q.
So after these instructions were given to you
15
by the clerk,
did you consider specifically asking the
16
judge for more time?
17
A.
No.
18
Q.
Why not?
19
A.
Well,
the entire proceeding,
the judge was
"You can have a mistrial," "You're
20
saying he was -
21
approaching a mistrial."
22
he was very -- I
23
was just
24
with some judge who had already made it perfectly
25
clear that he was giving you two days and that we were
It was just not a
don't know how to describe it,
just,
but it
- was not something you would want to do
L------------------------TN RE CJF NO. 185 -
412109--------------------~
365
ending at 4
And for me to have done a motion,
was
risking the ire of the judge,
this is it,
that case,
sanctioned or pay attorney's fees for having,
again,
told it's over.
be not appropriate.
I
T
that -
after being told
am now back asking for more.
Which in
could also have my client potentially be

yet
come back to the Court when I'd already been

So for me to do that,
thought would
10
Q.
And potentially harmful to your client?
11
A.
Well,
Judge McBrien had his case in his
12
hands.
13
made him angry,
14
adverse to my client than maybe he was already
15
thinking of.
16
17
He had not decided it yet,
could
if I
then he could have ruled even more
MR. MURPHY:
strike,
and I
Objection,
Your Honor.
Move to
calls for speculation.
18
19
MR.
20
BLUM:
Overruled.
Ms.
Huddle,
had you
21
filed any disqualifications of judge
22
challenges against Judge McBrien prior to the Carlsson
23
trial?
24
THE WITNESS:
25
peremptory
Yes.
' - - - - - - - - - - - - - - - I N RE CJF NC .
.185
On more than one
4/2/09-------------------~
366
occasion?
THE WITNESS:
Numerous.
trial that resulted in a mistrial?
THE WITNESS:
Only once.
THE WITNESS:
Yes.
THE WITNESS:
12
Yes,
it was prior to Carlsson.

Had you ever
requested a mistrial in any case you tried?
14
THE WITNESS:
15
16
This occasion being
Carlsson.
11
13
Was that prior to
this occasion?
10
Have you ever had a
No.
You may
cross examine, Mr. Murphy.
17
MR.
MURPHY:
18
RECROSS-EXAMINATION
19
BY MR. MURPHY:
20
Q.
Thank you,
Your Honor.
You just mentioned that you considered there
21
was a risk of sanctions against your client if you
22
moved to extend the length of the trial;
right?
23
A.
Yes.
24
Q.
That was one of the considerations that you
25
made?
L . . . - - - - - - - - - - - - - I N RE CJF NO .
.1 85 -
4/2/09------------'
367
A.
Yes.
Q.
Sanctions would be imposed in the form of
attorney's fees in order for the other party to oppose
the motion;
right?
A.
Yes.
Q.
But Ms.
A.
She did not.
Q.
Didn't she offer to provide you with
10
Keeley offered more time,
did she
not?
additional time at trial?

A.
11
No.
She actually objected and told me she
12
did not think that she -- that I
13
more time.
Q.
14
was entitled to any
So if she were to testify that she,
15
offered you additional time after March 9,
16
testimony would be in error?
17
Wait.
in fact,
2006,
her
Her opinion
18
as to somebody else's testimony is not relevant or
19
helpful.
20
MR.
21
are all the questions
22
23
24
25
MURPHY:
Thank you,
have.
Those
Thank you.

Mr.
Your Honor.
Anything else,
Blum?
MR.
BLUM:
Just one question in response to
Your Honor's last question.

IN RE CJF NO. 185
4/2/09--------------------~
368
FURTHER RE-DIRECT EXAMINATION
BY MR. BLUM:
Q.
trial -
cases once before?
You said you were once
you had a mistrial declared in one of your
A.
Yes.
Q.
Who was the judge?
MR. MURPHY:
10
11
12
13
THE WITNESS:
BY MR.
you had once a
Objection,
relevance.
Overruled.
Judge McBrien.
BLUM:
Q.
What happened to cause a mistrial in that
case?
14
A.
It went over the t
15
Q.
And he actually declared a mistrial?
16
A.
Yes,
17
Q.
Do you remember the name of the case?
18
A.
My client was Larry Myles.
19
Q.
Myles?
20
A.
Myles.
21
22
estimated.
he did.

last name?
23
THE WITNESS:
24
25
How do you spell the
I think it was M-y l-e s.

Thank you.
That's
why I asked.
L------------------------IN RE CJF NO. 185
4/2/09--------------------~
369
BY MR.
BLUM
Q.
Approximately what year was that case?
A.
think i t was like the late
MR.
BLUM:
'90s.
Nothing further.
FURTHER RE-CROSS EXAMINATION
BY MR. MURPHY:
Mr.
Murphy.
Q.
Was that a case of a two day estimate?
A.
10
Q.
You don't recall what the estimate was?
11
A.
No"
12
Q.
You went beyond the estimate?
13
A.
It would have went beyond the estimate.
14
Q.
And Judge McBrien declared a mistrial because
don't know.
I do not.
15
the parties were nowhere near being complete with
16
their testimony;
A.
17
isn't that correct?
I don't know why he declared the mistrial.
18
MR.
19
20
MR.
21
22
MURPHY:
BLUM:
Nothing further.
Mr.
Thank you.
Blum?
No questions.
May this be witness
excused?
23
MR.
24
BLUM:
2 5L..1_ _ _ _ _ _ _
M_S_._H_U_d_d_l e ,
-
ask she not be excused.

Okay.
you rna y s tan d d ow_n_.__I__

W_i_l_l_ _ _ _---l
IN RE CJF NO.
185
4/2/09
370
remind you you're still subject to court subpoena or
whatever has been issued in this type of case.

And we'll be taking our noon recess; but
before we do,
counsel.
I want to have a discussion with
I would like to know your estimate, Mr. Blum
and Mr. Murphy,
we can plan accordingly.
as to where we are in this matter so
MR. BLUM:
We have worked out,
I believe,
10
stipulations on two additional witnesses.
11
need to call them.
12
1.3
MR.
14
one more witness, Ms.
15
cross will take,
16
half total with direct and cross,
17
rest.
BLUM:
Joy.
I don't know how long the
but I'm guessing an hour,
19
MR. MURPHY:
20
ined up for this afternoon,

are judges.
22
lengthy with Ms.
23
24
25
Okay.
I believe I'm only going to call
18
21
So I won't
hour and a
at which time I will
Mr. Murphy?
I have a number of witnesses

Your Honor,
most of whom
And then I don't anticipate being very

Joy.
Do you have
witnesses scheduled for tomorrow?

MR. MURPHY:
~----------------------IN
I have witnesses scheduled for

RE CJF NO. 185 -
4/2/09----------------------~
371
I ' l l just let you
know we'll be available to go into the evening if you
need,
today.
at
east to get through the witnesses you have
MR.
MURPHY:
That would be great.

And that way,
we are
we still on track to conclude by noon tomorrow,
to the
best of your knowledge?
10
MR.
MURPHY:
11
MR.
BLUM:
12
13
(Sotto voce discussion between Special
14
Yes.
I believe so.
Anything else?
Masters. )
15
16
Is Judge McBrien
going to be coming back on the stand,
if you know?
17
MR. MURPHY:
18
19
Yes.
you willing to go tonight?
20
MR.
MURPHY:
21
MR.
BLUM:
22
MR.
MURPHY:
23
24
25
How late are
Tonight?
As long as it takes.
Until we finish the witnesses.
If you can figure
that out over the noon hour ...

MR.
MURPHY:
I think we're all from out of
' - - - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09------------------~
372
town.
2
3

here,
MR.
MURPHY:
though I was
talk about this after lunch,
to consult with the judge.
We'll get back and
when you've had a chance
MR. MURPHY:
Thank you.
We're in recess
until 1:30.
11
12
We're all
so let's stay here until we do it.
10
Yes.
(Lunch recess taken from 11:59 a.m.
to 1:31
p.m.)
13
AFTERNOON SESSION
14
---000--
15
We are on the record
16
in the matter of Judge McBrien in the presence of the
17
judge and counsel.
18
late.
19
our lunch hour.
I apologize for being a little
We were trapped in a stairwell and it disrupted
20
We have an exhibit,
Mr.
Just before we get
21
to that,
22
Exhibit I got to the court reporter?

MR.
23
Murphy,
39.
MURPHY:
did you make sure an original of
I think -
24
think i t ' s on the table.
25
that.
yes,
Your Honor.
We're just going to use
L------------------------IN RE CJF NO. 185
4/2/09 _ _.._____________----l
373
So the witness will
be reminded that that is an original exhibit.
2
3
And I have in front of me Exhibit 39 from
Mr.
Is that correct?
Blum.
MR.
correct.
please.
Yes.
And 40,
oh.
BLUM:
Yes.
Exhibit 39 is a letter
10
from -
11
with Julie Setzer.
12
Setzer,
13
deleted from her statement.
Taking notes of a telephone conversation
not Selzer.
I believe there's a typo.
15
MR.
BLUM:
Yes.
And Exhibit 40 is a recorded
16
conversation with clerk SharAnn Chesshire,
17
recorded by a commission attorney.
19
her last name.

MR.
21
BLUM:
It also misspells
Okay.
At least on your
witness list there is.
23
MR.
24
25
also
There's an h before the i-r-e.
20
22
It's
There is one line that has been
14
18
you're
Can you describe those for the record,
MR.
BLUM:
39 and 40.
BLUM:
I believe you're correct.

These are going to
be received in lieu of their testimony?

' - - - - - - - - - - - - - - - I N RE CJF NO.
185 - tJ /2/09 _ _ _ _ _ _ _ _ _ _----J
374
MR.
BLUM:
understanding,
Yes.
Mr. Murphy?
MR. MURPHY:
Yes.
And an original has
been lodged with the court reporter?
MR.
Is that your
BLUM:
Yes.
And are either one
of you able to enlighten us any more as to where we
10
are and how we're going to manage the rest of the day
11
planned forth?
12
13
MR.
intend to call one more witness.
I think she's less than an hour total.
14
15
BLUM:

total,
that's direct examination?
16
MR.
17
18
When you say
BLUM:
Direct and cross.

Direct and
cross?
19
MR. MURPHY:
20
21
MR.
BLUM:
22
MR.
MURPHY:
(Nods head up and down.)
More or less.
I
More or less?
Maybe not.
think probably less,
23
We released one witness,
24
able to complete evidence before 5:00.
25
so I
anticipate we should be

~------
not more.
---------------IN RE CJF NO. 185 -
Fine.
4/2/09-------------~---------
375
MR.
MURPHY:
need this evening.
staff.
problems,
we'll a
Hopefully before 4:30.
We can plan acco
So that's all we ask,
is if you anticipate
please inform us as early as possible and

ust.
THE REPORTER:
10
That's fine.
Mr.
Thank you.
Blum,
Exhibit 39
and 40 will be received.
11
12
(Examiner's Exhibits 39 and 40 admitted into

evidence. )
13
14
And,
15
Mr.
Blum,
you may call your next
witness.
16
MR.
17
Examiner calls Robbi Joy.
18
BLUM:
Thank you,
Your Honor.
Raise your right
hand.
20
---000--
21
ROBBI JOY
having been first duly sworn,
testified as follows:
23
---000--
24
25
Should we
inquire with Madam Court Reporter?
22
ingly with t
19
Go as long as you
Please be seated.
State your full name and spell your last name.

L - - - - - - - - - - - - - I N RE CJF NO.
185- 4 / 2 / 0 9 - - - - - - - - - - - - - - - 1
376
THE WITNESS:
R-o b-b i,
My first name is Robbi,
last name is Joy,
J o-y.
You may examine.
MR.
BLUM:
Thank you,
Thank you.
Your Honor.
DIRECT EXAMINATION
BY MR. BLUM:
Q.
Good afternoon.
A.
Good afternoon.
10
Q.
Ms.
11
A.
I am a court reporter.
12
Q.
And how long has that been your occupation?
13
A.
Just a bit over 20 years.
14
Q.
Where are you currently working?
15
A.
In the Santa Clara County court services
16
17
18
Joy,
system.
Q.
Can you briefly tell us what courts you have
previously worked in?
19
A.
20
moved north.
21
Eldorado County,
22
Santa Clara.
23
Q.
24
25
what is your occupation?
I began in Los Angeles Federal Court,
and
I've worked in Sacramento County,
Amador County_
And,
of course,
Yolo County.
Have you worked in both state and federal
courts?
A.
Yes.
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
377
Q.
Do you have a security clearance?
A.
actually have a top secret security
It's expired by this time.
I worked on
clearance.
the Richard Miller spy trial in federal court.
Q.
Sacramento?
A.
Yes.
Q.
What year was that?
A.
I'm trying to think.
10
Q.
When you arrived in Sacramento,
11
for a court?
12
for?
13
A.
At some point in your career,
did you move to
I believe 2005.
Did you freelance?
did you work
Who did you work
freelanced but mostly for courts.
I was
14
hired through -- Linda Lucky is the coordinator in
15
Sacramento County,
16
17
sent me on the Court assignments more than anything.
18
19
20
and they hire per diem reporters.
also worked for a couple of agencies,
Q.
Prior to March 2006,
and they also
had you ever worked in
Judge McBrien's courtroom?

A.
had been in his courtroom a couple of times
21
but just because he calls the master calendar,
22
means he goes through the cases,
23
other courtrooms.
24
had just been
25
judge.
which
then assigns them to
And before this particular case,
the case I was on was sent to another
L-------------------------IN RE CJF NO. 185
4/2/09 - __________________........l
378
Q.
In March of 2006,
did you serve as the court
reporter
(Noise interruption.)
(Discussion off the record.)
MR.
BLUM:
I'm not sure if I
finished the
question.
THE WITNESS:
reporter . . . "
BY MR.
"Did you serve as the court
BLUM .
10
Q.
. .. in the case of Carlsson vs.
11
A.
Yes,
13
She can do her own
read backs.
THE WITNESS:
14
15
I did.
12
Carlsson?
BY MR.
I'm sorry.
MURPHY:
16
Q.
Did you serve all three days of that trial?
17
A.
Yes,
18
Q.
Do you remember who the attorneys were in the
A.
Sharon Huddle and
19
case?
20
21
I did.
me.
Her last name is Keeley,
the first name escapes

K-e e-l-e y.
22
Q.
And who hired you to report that trial?
23
A.
The Diamond Court Reporting agency.
24
Q.
Okay.
25
reporter,
So they got a request for a court
and they sent you out to this case?
~-----------------------IN
RE CJF NO. 185
4/2/09---------------------~
379
A.
Correct.
Q.
Before the Carlsson trial,
did you know
Attorney Sharon Huddle?
had seen her on one other occasion in
A.
Auburn,
on one of the cases,
it was a law-and-motion calendar.
so I did remember her name.
Q.
Were the two of you friends?
A.
No.
Q.
Do you have a social relationship?
10
A.
No.
11
first.
12
spoke.
So she was
I did recognize her.
I wasn't sure at
recognized her out in the lobby,
13
Q.
Just this afternoon?
14
A.
Just this afternoon.
and we
Spoke a couple of
times.
15
16
Q.
During the Carlsson trial,
how would you
17
describe Judge McBrien's behavior towards Attorney
18
Huddle?
19
A.
Demeaning.
This is hard.
He is a judge.
20
have no i l l will toward him.
21
me that he seemed to have an amicable relationship
22
with Ms.
23
Ms. Huddle.
Keeley,
But it was remarkable to
but he seemed so irritated with
In fact,
I asked the deputy
24
MR. MURPHY:
25
Objection -
' - - - - - - - - - - - - - - I N RE Cc7F NO.
Sus
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - - '
380
MR.
BY MR.
3
4
MURPHY:
hearsay.
BLUM:
What did the judge do that makes you say that
Q.
he was demeaning towards Ms.

A.
Huddle?
A couple of times she asked for just a brief
break.
restroom,
calls to make," and he said,
repeatedly threatened a mistrial.
She finally said,
frankly,
"I want to use the
and you've given me a couple of tasks,

"one minute."
phone
And he
I've seen this
10
happen.
11
already Friday and it seems to be going on and on,
12
that the judge may say,
13
or "none of us want a mistrial. "
14
at least five times said,
15
Just,
16
course,
17
Q.
18
Ms.
If you say i t ' s to wrap up Friday and i t ' s
"We're headed for a mistrial"

But he,
I would say,
"Do you want a mistrial?
let's have a mistrial, " which is something,

that nobody wants to have to go through.
Did the judge's poor demeanor towards
Huddle begin on the first day of trial?
19
A.
Yes.
20
Q.
Did it continue throughout the trial?
21
A.
Yes.
22
Q.
Did you observe Ms.
23
24
25
of
Huddle do anything that
would justify Judge McBrien's attitude towards her?

A.
No.
I felt that she and Ms.
Keeley comported
themselves as professionals.
L-------------------------IN RE CJF NO. 185
4/2/09--------------------~
381
Would you say that Ms.
Q.
Huddle was ever rude
or disrespectful to the judge?
A.
No.
Q.
I think you touched on this,
Judge McBrien treat Ms.
but how did
Keeley?
A.
In a much more respectful manner.
Q.
Did Judge McBrien treat you poorly?
A.
No.
Q.
Were the attorneys rude to each other?
10
A.
No.
11
Q.
In your years as a court reporter,
12
ever seen a
13
Judge McBrien behaved towards Ms.
judge behave this way,
14
A.
Not to be glib,
15
Q.
SO that's a no?
16
A.
That's a no.
17
have you
the way
Huddle?
but not even on television.
certainly have seen judges lose their
18
temper,
19
for a reason.
20
some prior history of dealing with this attorney or
21
or for some other reason,
22
for them.
23
24
25
Q.
if they're consuming time or if it's just

But I
have not seen a judge,
just seeming to have disdain
During a break in the proceedings,
overhear Judge McBrien speaking to Ms.

A.
Yes,
without
did you
Keeley?
did.
L - - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09---------------'
382
Q.
Do you recall about what day of trial that
A.
Q.
And what did you hear the judge say?
was?
be ieve it was the last day of trial.
MR.
THE WITNESS:
"She"
10
MURPHY:
Ms.
Huddle
MR.
MURPHY:
Objection.
Ms.
Hearsay.
Overruled.
Keeley said to the judge,
Objection.
Hearsay.
Overruled.
She's
11
just supplying content to the answer of the judge,
12
let's
isten.
13
THE WITNESS:
It actually got picked up on my
14
.wav file on my computer.
15
BY MR.
BLUM:
16
Q.
What did you hear the judge say?
17
A.
heard Ms.
18
"Ms.
19
Ms.
20
And he said,
21
said,
22
23
24
25
so
Keeley say to the judge,
Kee ey" -- I'm sorry.

Keeley said,
Ms.
Huddle left.
"She doesn't get it yet,
"She doesn't seem to."
does she?"
And Ms.
Keeley
"I guess she doesn't see what's happening here."
can't say what that means.

Q.
Okay.
And Ms.
Huddle was not in the
courtroom at that moment?
A.
She was not.
' - - - - - - - - - - - - - I N RE CJF NO.
185 -- 4 / 2 / 0 9 - - - - - - - - - - - 1
383
Q.
At some point, did the Court clerk tell you
that the judge wanted a partial transcript?
A.
Yes,
Q.
When did she tell you that?
A.
You know -- I'm sorry.
brief break,
I believe,
Ms. Huddle.
And the clerk called me over,
whispered to me,
portion of the transcript for himself,
10
she did.
It was during that
that the judge gave to

and she
"The judge wants just this particular

and he
instructs you not to tell anyone."
11
MR. MURPHY:
Objection,
Your Honor.
12
Overruled.
13
lawyer opened the door.
14
MR.
15
THE WITNESS:
16
17
BY MR.
18
19
20
BLUM:
Hearsay.
The
Go ahead.
You may finish.

This was a while back,
but that
remember as being so incredibly remarkable.
Q.
BLUM:
Okay.
I'm not sure the record picked up what
the clerk was saying.

A.
Oh.
She told me that the judge was
21
requesting a particular portion that had to do with
22
Mr. Carlsson's employment and that I was not to tell
23
the other parties.
24
not to tell anyone."
25
that says,
And she repeated that,

And I
said
"He said
even have a form
"Such and-Such has been transcribed and is
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
384
available to you."
make whatever is transcribed that is now public record
available to all parties.
the opportunity in the lobby,
and told them exactly what he had asked for and asked
if they wanted a copy also.
judge,
transcri
A.
No.
12
transcript,
13
anyone.
14
Q.
have you ever had a

ask for a
I've had,
most especially in a court
a judge want to review a certain part of the

but I've never been instructed to not tell
Did you transcribe that portion of the
transcript,
A.
approach both counsel
and direct you not to tell anybody else?
trial,
16
as soon as I had
either directly or through the clerk,
11
15
And I did,
Other than this occasion,
Q.
10
I've been taught that you are to
the testimony that the judge requested?
Yes,
I did.
sent it the next day_
17
it through the Administrative Office.
18
clerk called me and said they didn't get it.
19
sent a copy directly to chambers.
20
still didn't get it and that it would be best to
21
email it.
22
23
Q.
So that,
sent
And the judge's

I
then
They said they
I did.
The second request you just described,
was
that sometime after the trial?
24
A.
Yes.
25
Q.
Do you know approximately when,
L-------------------------IN RE CJF NO. 185
what month
4/2/09 _ _ _ _ _._ _ _ _ _ _--1
385
perhaps?
I produced the first one just the next day,
A.
and then got the phone call from her probably three
weeks later.
number,
there was a signature obtained.
actually guessing.
later.
send everything UPS and had a tracking
so I'm very certain of these things and that

I believe it
I believe it was about three weeks
I've done so many trials.
Q.
Sure.
You've done some transcripts before in
10
your career?
11
A.
A couple.
12
Q.
But you were asked for it a third time?
13
A.
Yes.
14
Q.
Was that some months later?
15
A.
Yes.
16
Q.
And did you send it again that time?
17
A.
Yes.
San Jose,
19
Because it was already done;
20
attaching a file.
22
and I
By that time,
18
21
I had already moved to
e-mailed it probably within a day.

it was just a matter of
To whom did you
e-mail it?
23
THE WITNESS:
24
his clerk gave to me,
25
I'm
I e-mailed it to the address

which was her personal e-mail.
Thank you.
L------------------------IN RE CJF NO. 185 - 4/2/09---------------------
386
BY MR.
BLUM:
There is a binder in front of you.
Q.
3
be the one that's open.
It might
The transcript from the
4
trial.
THE WITNESS:
Your Honor,
may I
get my
6
glasses?

THE WITNESS:
9
BY MR.
11
Looking at the bottom of transcript
Page 462
12
A.
13
Q.
14
Thank you.
BLUM:
Q.
10
Certainly.
Yes.
at Line 19, Ms.
Huddle is asking a
question of a witness on the stand.
15
A.
Yes.
16
Q.
The witness is testifying?
17
A.
Yes.
18
Q.
At Line 21
19
A.
20
Q.
21
EPa.
ght.
the judge states,
"Pardon me.
have an
Court is in recess."
22
A.
Correct.
23
Q.
Do you recall this happening?
24
A.
Yes,
25
Q.
And he stepped out for a moment?
do.
L - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09-------------'
387
2
to
3
He went
He stepped out for the duration.
A.
didn't really know what EPO meant.
i t ' s an emergency phone call of some kind.
4
the room and never did return.
around the corner and said,
6
never resumed the bench,
Apparently
He left
He stuck his head
"This trial is over."
He
Just
never donned his robe.
7
announced that the trial was over.
Q.
So he announced,
A.
"Pardon me.
10
"Pardon me.
have an EPO.
have a call"?
Court is in
recess."
Q.
And he stepped out of the courtroom at that
13
A.
That's correct.
14
Q.
And then you indicated he later -- to use
11
12
15
time?
your words,
16
A.
17
" T his t ria 1
18
stand,
19
question.
He stuck his head around the corner and said,
Q.
20
he stuck his head in the door?
i s
ve r . ",
believe.
Okay.
We still had a witness on the
Yes.
We were in the middle of a
So he came back -
21
says,
the Court speaking,
22
adjourn this.
23
This trial has ended."
at Line 27,
it
"We're going to have to
The county operator is on the phone.

Do you see that?
24
A.
That's correct.
25
Q.
Is that when he was near the door speaking?
~------------------------IN
RE CJF NO. 185
4/2/09--~----------------~
388
A.
Yes.
Q.
And Ms.
3
attorney's fees,
Huddle says something about her
and the Court responds,
"Then I ' l l
4
reserve over that issue, or you can get a mistrial.
One or the other."
A.
That's correct.
Q.
Do you remember that exchange?
A.
Q.
What happened next?
A.
We all sat there.
do.
11
being formally dismissed,
12
should do.
At one point,
and I
won
MR.
14
15
Ask your next question,
16
MR.
Q.
BLUM:
red what we
the clerk said
13
17
MURPHY:
I'm not accustomed to not
Objection.
Hearsay.
Sustained.
please.
Sure.
So after the judge left,
18
being near the door he left,
19
officially excused?
and
after apparently
-
you hadn't been
20
A.
That's correct.
21
Q.
Were the parties and the attorneys still
22
sitting there at counsel table?
23
A.
Yes.
24
Q.
Did the judge ever return?
25
A.
No.
IN RE CJF NO. 185
4/2/09
389
Q.
Did you kn
A.
No,
guess -- I
finally said,
building."
any longer.
he said
really didn't.
After a while,
don't know if I can say this

"He's gone.
the clerk
He's not even in the
So of course there was no reason to stay

The witness was still on the stand,
MR.
Objection,
Your Honor.
Sustained.
MURPHY:
10
MR.
11
BLUM:
As to what the witness said?
Go ahead.
Ask your
next question.
12
THE WITNESS:
13
BY MR.
14
15
Okay.
BLUM:
Q.
So you said the clerk said,
"He's gone."
16
that when you and the other people in the Court
17
decided it was time to leave?
18
A.
Ye s.
19
Q.
How long do you think
20
left,
21
left?
22
23
24
25
and
Is
after the judge
how long do you think you were there before you
A.
Could I
clarify something?
Do you mean after
he left to take the phone call?

Q.
The second time,
when he was near the doorway
and left again and never returned.

' - - - - - - - - - - - - - - - - I N RE CJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - 1
390
A.
Oh,
Q.
Now,
15 minutes.
20.
if you look back at the transcripts,
Page 463,
room," there is stilJ
attorneys and the witness.
"May I go?"
Ms.
at Line 10,
"the judge exits
a few recorded statements by the

The witness is asking,
And then it ends on Line 20 with
Keeley making a statement.

That's where you stopped r
after it says,
orting the
proceedings?
10
A.
Yes.
This exchange was with the attorneys

The judge wasn't in the room.
11
and the clerk.
12
yes,
13
the last thing that I wrote,
I have -- I had a time stamp on,
and so that was
at 4:29.
Did you stay in the courtroom for a while
14
Q.
15
after this?
16
the judge left.
17
recording-
18
A.
You said you stayed for 15 minutes after
Yes.
After Line 20,
you stopped
orting?
It was after he said that the trial was
19
over that we stayed there for 15 or 20 minutes.
20
not on the record,
21
not even here."
22
Q.
23
reporting?
24
A.
25
But,
It's
but the clerk announced that "He's
That's when we decided to leave.
That occurred sometime after you stopped
Yes.
They were still -- it was unclear for
me because I'm not accustomed to going off the record

~------------------------IN
RE C,]F NO. 185 -
412109-----------------------~
391
until someone says,
rather have too much and take it out later than just
stop on my own volition.
conversation after that with them asking the clerk
what to do,
Q.
but I
There was a bit of
stopped reporting here.
In your years as a court reporter,
have you
ever seen a trial end like that?
A.
have never seen that.
MR.
BLUM:
10
11
MR. MURPHY:
12
CROSS-EXAMINATION
13
BY MR. MURPHY:
14
Q.
15
Ms.
never met,
Joy,
Thank you,
Mr.
Your Honor.
my name is Jim Murphy.
We have
have we?
16
A.
No,
17
Q.
Ever spo
18
A.
No.
19
Q.
we have not.
n?
'm interested in this testimony you gave
20
relative to a conversation between Ms.
21
Judge McBrien in court when Ms.
22
Murphy.
Keeley and
Huddle wasn't present.
Do you recall that testimony?
23
A.
Yes,
24
Q.
What day of the trial did that occur?
25
A.
I'm not sure.
do.
' - - - - - - - - - - - - - - - I N HE CJF NO.
185 -
4/2/09 _ _ _ _ _ _ _ _ _ _---.J
392
Q.
Was it the first day?
A.
No.
Q.
Second day?
A.
Second or third.
Q.
Second or third.
courtroom?
And this was inside the
A.
Yes.
Q.
During a recess?
A.
Yes.
10
Q.
The judge had called the recess?
11
A.
12
Q.
What time of the day was it?
13
A.
14
Q.
Morning?
15
A.
don't recall.
don't recall.
don't mean to be a broken record,
16
don't recall.
17
Ms.
but I
know we were in recess because
Huddle wasn't in the room.
18
Q.
Was the clerk present?
19
A.
No.
20
Q.
Was Mr.
21
A.
No.
22
Q.
Was Mrs.
23
A.
24
Q.
Was there a witness on the witness stand?
25
A.
No.
Carlsson present?
Carlsson present?
believe so.
L------------------------IN RE CJF NO. 185
4/2/09--------------------~
393
Q.
Were there
A.
No.
Q.
So the only people in the courtroom were you,
the judge and Ms.

A.
5
6
Keeley?
The deputy,
and I believe Mrs.
sitting there with Ms.
Keeley.
Q.
You specifically recall this?
A.
That's my best recollection.
Carlsson was
don't
was a while ago.

Q.
10
11
prepared,
12
Ms.
Did you ever note,
in the transcript that you
this conversation between the Court and
Keeley?
13
A.
We were not on the record.
14
Q.
That's not my question.
15
A.
No,
16
Q.
How long was the recess when this
17
it
did not.
conversation allegedly occurred?
18
A.
I'd say five minutes.
19
Q.
And during that five-minute period of time,
20
Judge McBrien remained on the bench?
21
A.
Yes.
22
Q.
That was his customary practice,
23
24
25
to remain on
the bench during recesses?
A.
Due to the fact that this is the one and only
trial I've ever done with him,
L-------------------------IN RE CJF NC. 185 -
can't testify as to
4/2/09----------------------~
394
his custom and practice.
Q.
Let l s talk about this trial then.
A.
There were few recesses,
Q.
During recesses,
the bench and return to
if any.
Judge McBrien would leave
ambers,
would he not?
A.
That's correct.
Q.
Except for this one time,
A.
We arrived back in the courtroom before
9
10
Ms.
We had reconvened.
Huddle.
correct?
Ms.
client were talking in the hallway still.
11
Q.
You had returned to court?
12
A.
Yes.
13
Q.
So you went on a recess,
14
Huddle and her
judge was there along with Ms.
came back,
and the
Keeley?
15
A.
That l s
16
Q.
And there was no one else present except for
17
the bailiff?
18
A.
I believe Mrs.
19
Q.
Now,
20
right.
let's talk a little bit about where you
sat in this courtroom.
21
A.
Yes.
22
Q.
If I
Carlsson.
All right?
am one of the parties in the Carlsson
23
matter and 11m addressing the Court,
24
would you be on?
25
A.
was
which side of me
it was actually set up in this
L-------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
395
manner,
(gesturing):
the witness stand was here,
her being a court reporter,
tell people not to talk.

THE WITNESS:
9
10
Q.
I'm sorry.
You would be to the judge's left;
is that
correct?
A.
Yes.
12
perspective?
13
BY MR.
15
that she talks the way we
BY MR. MURPHY:
11
14
This is interesting,
above me.
Q.
From the judge's
MURPHY:
From the judge's perspective,
you would be to
the judge's left; right?
16
A.
17
left.
18
Q.
And where was the witness stand?
19
A.
The witness stand was to my right and
20
I would be at his 8:00.
Yes,
I would be
slightly elevated.
21
Q.
22
the witness?
23
A.
And while you report a witness,
That's 50/50.
do you watch
If I'm especially having any
24
trouble hearing or understanding them,
25
them directly so that I can -- it hel

L------------------------IN RE CJF NO. 185
like to face
4/2/09--------------------~
396
understand what they're saying and to see when they're
responding.
:3
Q.
Well,
in this particular matter,
Carlsson,
Court or did you face counsel?
A.
did you face the witness or did you face the

Who did you face?
For most of the trial,
I was looking straight
ahead and had full view of counsel table;
judge was off to my right side and,
elevated.
10
11
Q.
Carlsson vs.
I had
Now,
and the
of course,
they were in my peripheral vision.
this particular courtroom,
did it have a
bench?
1 ')
L>
A.
Yes.
13
Q.
Was the bench elevated?
14
A.
Yes.
15
Q.
How high?
16
A.
I'm not
17
Q.
Fair enough.
18
A.
that good at measurements.
would say higher than this bench,
which
19
doesn't do the record much good.
20
I would say the judge was sitting about four feet
21
above me.
If this bench is
22
Q.
Four feet above you while you were in trial?
23
A.
Yes.
24
Q.
Okay.
25
NOw,
when the judge leaves the bench,
does he walk down stairs?

L------------------------IN RE CJF NO. 185
4/2/09----------------------~
397
A.
He exits to his right and -- so I don't hdve

I
can see him walk
full view since it is elevated.
off to the right and to the back room somewhere.

Q.
So you would have the bench between you and
the judge when he leaves the bench?
A.
I'm not following that.
Q.
If the judge were to leave the bench and walk
out,
would it not?
10
11
12
13
14
the bench would be in your view of the judge,

It's obstructing your view,
words?
A.
Not my Vlew of him standing and walking away,
above the bench.

Q.
As he walks down the steps leaving the
bench
15
A.
Yes.
16
Q.
-- was
17
A.
Yes.
18
Q.
All right.
19
in other
your view obstructed by the ben
After he was down off of the bench.

I
want to go to the transcript
and did you accurately record the trial?
20
A.
Yes.
21
Q.
And when you accurately recorded the trial,
22
23
you did so based upon your court reporter's notes?

A.
No.
I was writing realt
And when you're
24
writing realtime and your writer is plugged into your
25
computer,
just as this reporter
L-------------------------IN RE CJF NC. 185
(gesturing),
it is
412109--------------------~
98
automatically translated from your notes to the
English language and your personal dictionary,
dictionary you created for that particular case.
Q.
for the page,
While you're looking
excuse me.
Is your machine equipped with an audio
7
8
I would like you to turn to Page ...

the job
recording system?
THE WITNESS:
10
I meant when I
11
what i t ' s called.
Yes.
I apologize.
said my .wav file picked it up.
12
That's what
That's
Was the audio
13
recording device on throughout the course of the trial
14
each day?
15
THE WITNESS:
Yes.
16
By the way,
had you
17
obtained permission from the Court to audio record the
18
proceedings?
THE WITNESS:
19
20
21
record.
No,
because i t ' s now legal to
There was a time where you had to ask.

I'm not debating
I'm inquiring whether you
22
whether i t ' s legal or not.
23
obtained permission from the Court.
24
THE WITNESS:
No.
25

L-----------------------IN RE CJF NO. 185
Was the audio

412/09--------------------~
399
recording device operating during this exchdnge Lhdt
you've testified to between the judge and Ms.

THE WITNESS:.
Yes,
because i t ' s voice
activated.
allow counsel to continue.
BY MR.
Thank you.
I'll
MURPHY:
Q.
Did you bring that with you today?
A.
No.
10
Q.
Now,
11
Keeley?
want you to address your attention to
Page 457 of the transcript.
12
A.
Okay.
13
Q.
Do you see where it says "Surrebuttal
14
Examination by Ms.
Huddle"?
15
A.
Yes,
16
Q.
Surrebuttal examination occurs after the
17
I do.
party's case in-chief,
does it not?
18
A.
Yes.
19
Q.
That's your language there,
20
Examination by Ms.
21
A.
Yes.
22
Q.
And Ms.
23
24
25
Huddle";
"Surrebuttal
right?
Huddle was presenting a surrebuttal
case at that time?

A.
I ' l l have to review this just to be -- I
don't have it memorized.
' - - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09-------------l
400
2
3
Q.
Ms.
apologize.
Huddle;
It's surrebuttal examination by
correct?
A.
Yes.
Q.
And that was the surrebuttal examination of
Mrs.
Carlsson's expert; right?
A.
Yes.
Q.
And let's take a look at Page 461 now.
A.
Yes.
10
Q.
And this is also testimony that you recorded;
11
correct?
12
A.
Yes.
13
Q.
And it refers to "Rebuttal Examination by
14
Ms.
Huddle";
right?
15
A.
Yes.
16
Q.
So Ms.
17
18
presenting Mr.
Huddle,
to your understanding,
Shah as a rebuttal witness;
was
right?
Those aren't really my judgment calls.
A.
I put
19
that language in if they say "recalling so and-so on
20
rebuttal."
Then I label it.
21
Q.
That's how you characterized it;
22
A.
No,
I don't characterize it.
23
will say,
24
then I
25
rebuttal or surrebuttal.
right?
The attorney
"I'm calling this person on rebuttal," and
label it as such.
'------~-------IN
I don't decide if i t ' s
RE CJF NO.
185 -
4/2/09-----~
401
Well, Whe1.'(0 did Ms. Huddle SdY tlldL she wds
Q.
calling a rebuttal witness?

3
4
A.
I don't see i t in the transcript.
Q.
Pardon me?
A.
I don't see it in the transcript.
Q.
So you characterized i t as a
rebuttal
witness?
A.
No.
10
Q.
I'm trying to find out -- you said you only
Are we arguing here?
use rebuttal when the attorney uses that term.
12
characterized it as rebuttal.
13
A.
Well,
they could have gone off the record for
14
a minute and said,
15
typical.
16
witness?"
17
And then I also don't say "Do you solemnly,
18
blah";
"Who's your next witness?"
"What are we doing now,
I say "sworn."
and who's your next
Ms.
20
A.
Yes.
21
Q.
-- you were hired -
Joy -
your firm was hired by
Huddle to report this trial;
23
A.
24
called them,
25
Q.
Yes.
blah,
It's not that verbatim.
Q.
Ms.
It's
"I'm going to call So-and So on rebuttal."
19
22
You
correct?
I'm kind of a subcontractor.
She
and they just send someone out.
But the organization,
~-------------------------IN
the Court reporting
RE CJF NO. 185 _.
4/2/09----------------------~
402
firm,
was hired by Ms.
Huddle;
right?
A.
Yes.
Q.
And did you attend court that morning of
March 2,
2006 with Ms.
Hudd e?
A.
No.
Q.
When you went to court,
what department did
you go to?
A.
Let me look at the beginning.
Q.
Was that the Master Calendar Department for
10
11
the family law courts?

A.
can say I
believe it must have been,
12
really don't want to guess.
13
where he always does preside.
14
in 124,
15
Q.
16
124.
but I
do believe that that's

And he keeps some cases
and that was the case with this.

Do you know who the presiding judge of the
family law courts was in 2006?
17
A.
No.
18
Q.
Now,
when you went to court that day,
did you
19
have an understanding of how long the trial was going
20
to last?
21
A.
Yes.
22
Q.
Was it your understanding that it was a
23
two-day trial?
24
A.
No.
25
Q.
What was your understanding?
' - - - - - - - - - - - - - - - I N RE CJF NO.
.185 -
4/2/09 _ _ _ _ _ _ _ _ _ _---..J
403
A.
Two and a h
Q.
Who told you two and a half?
A.
The agency,
the attorneys.
When they hire
they hire me for a certain period of time.
me,
to work there through the end of Friday.
Q.
trial,
days?
13
14
15
BLUM:
Huddle that the
was going to be two and a half
Objection.
Misstates the
Sustained.
BY MR. MURPHY:
Q.
Did Ms.
Huddle tell you prior to tria
A.
I never spo
with Ms.
Huddle.
I was sent
out by the agency,
17
out with an estimate that they have been given.
18
I'm guessing how it came to be.
19
X number of days.
21
Q.
and I believe they just send you
Do you know that the parties estimated the
trial to be two days?
A.
No,
23
Q.
During the course of the trial,
25
But
They just hire me for
22
24
the
trial was going to last two and a half days?
16
20
was
testimony.
11
12
before trial,
MR.
10
So you were told by Ms.
I don't know that.
recesses taken;
A.
there were
right?
Not every day or every morning or afternoon.
L - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09-------------1
404
~-~~
..
--~--
- _ . _ - -.._---.._--
--.--~--.-
- -..
__ ._-.- _--
..
I do recall Ms.
a break."
Q.
Huddle finally saying,
It was pretty much a push,

Well,
"I have to have

which happens.
would you say that the judge was
working hard to get that case completed?
A.
I'd say everyone involved was.
Q.
vvould you say the judge was?
A.
Q.
Did the judge frequently
_L
can't answer that.

there was a day
that you were in trial for one whole day;
right?
10
A.
Yes.
11
Q.
And that trial started about 9:00 In the
12
morning?
13
A.
Yes.
14
Q.
And went through until about 12:52 in the
15
afternoon;
right?
16
A.
That sounds right.
17
Q.
And you took a lunch recess of about 40
18
minutes?
19
A.
20
Q.
Would you agree that Judge McBrien was
21
really don't remember this.
working hard to get the parties to complete the trial?
22
A.
23
Q.
And you also testified that Ms.
24
25
your mind,
A.
don't have an answer.
was being professional;
Huddle,
In
right?
Yes.
L - . - - - - - - - - - - - - I N RE C.JF NO.
185
4/2/09 - - - - - - . - - - - - '
405
Q.
1
2
Do you know
exhibit list?
A.
can only testify as far as her demeanor is

She would
That has nothing to do with me.
concerned.
have submitted that to the clerk.
Q.
When did you prepare this partial transcript?
A.
The very evening that she requested it.
Q.
Exhibi t
17.
10
A.
Oh.
11
Q.
In the thicker book,
12
would like you to take a look at
"McBrien 185,
Here?
which on its spine says,
Exhibits 1-36."
13
A.
Got it.
14
Q.
Exhibit 17,
15
A.
Yes,
16
Q.
Is this the partial transcript that you
17
this is a partial transcript?
it is.
prepared?
18
A.
Except there's a header on it,
20
Q.
What header is that?
21
A.
It says,
22
Judge."
23
Q.
Who put that on?
24
A.
19
25
which I
never
do.
"March 3,
don't know.
'06,
Carlsson,
Partial For
I don't use headers.
never
have.
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
406
, - - - - - - - - .. - - . -
Q.
Where is the partial transcript you prepared
for the Court?

I prepared it and sent it to them and then I
A.
e-mailed it.
Q.
.. ---~.
Court,
A.
It may still be in my computer.
When did you first send the transcript to the

the transcript the Court requested?
I
believe the 4th.
It looks as if she asked
for it on the 3rd.
I did it that evening and sent it
out on the fourth.
10
11
Q.
Do you have any documents to show when you
sent this transcript,
A.
12
know it was the next day.
No.
you said,
to Judge McBrien?
I tracked it through UPS.
13
moved about four times.
14
that.
I've since
I wouldn't be able to locate
15
Q.
Did you send it by registered mail?
16
A.
UPS ground.
17
Q.
Do you have in your possession any
18
documentary evidence showing receipt of the first
19
transcript that you sent to Judge McBrien?
20
A.
No.
21
Q.
By the way,
just so that we're clear,
did you
22
ever speak with Judge McBrien about preparing a
23
transcript?
24
A.
No.
25
Q.
And you weren't present when he had whatever
L - - - - - - - - - - - - - - I N RE CclF NO.
185 - 4/2/09-----------........1
407
discussion he had with his clerk ab
transcript;
right?
A.
That's right.
Q.
NOw,
when you prepared the transcript,
did
you keep a hard copy?
A.
No.
Q.
You just left i t in the computer?
A.
Yes.
Q.
And then you were requested -- withdraw that.

Did you advise Ms.
10
11
Huddle that you had been
requested to prepare a partial transcript?
A.
12
advised Ms:
Keeley and Ms.
Huddle right
13
after -- that same day that i t had been requested of
14
me,
15
before I
Q.
16
even did it.
So you told Ms.
Huddle that you had been
requested to prepare a partial transcript;
right?
17
A.
And Ms.
18
Q.
Let's just talk about Huddle first.
19
A.
Okay.
20
Q.
You told Ms.
21
A.
Yes,
22
Q.
Did she request a copy of the transcript?
23
A.
24
Q.
Now,
25
1
L
Keeley.
Huddle;
right?
did.
don't recall.
when you advise a
_t_r_a_n_s_c_r_i_p_t_r_e_q_u_e_s_t ,
lawyer that you have a
you a d vis e the 1 a wy e r
IN RE CJF NO.
in w r i tin g ,
185 - 4/2/09
408
do you not?
A.
Not always.
Q.
Don't you have
form that you use that you
give to the lawyers for ordering a transcript?

A.
have a form that I
mail to attorneys after
the fact.
to the other side and let them know that i t ' s been
requested.
no.
10
11
Q.
If someone contacts me,
then I ' l l mail that
But if they are right there on the spot,
Did you provide a form to Ms.
Huddle for
requesting the transcript?
12
A.
No.
13
Q.
Did you -- you asked Ms.
14
Ms.
15
transcript?
16
A.
17
either.
18
Q.
Keeley_
Did
Keeley tell you that she wanted a copy of the
I don't recall.
I
just didn't.
So Ms.
I didn't give her a form
I did it verbally.
Keeley and Ms.
Huddle were both told
19
by you of the request for a partial transcript;
20
correct?
21
A.
Yes.
22
Q.
And did you tell them what portion of the
23
24
25
transcript had been requested?
A.
I gave them some kind of reference point.
believe it was the cross-examine of Mr. Carlsson with

' - - - - - - - - - - - - - - - - I N RE elF NO.
J85
4/2/09-------------------~
409
I'm really s
regard to employment.
remember things like this.
Q.
Did you submit a bill to the Court for
payment?
A.
Yes.
Q.
Do you have a copy of that bill?
A.
No.
Q.
Was the bill in writing?
A.
Yes.
10
Q.
A form bill?
11
A.
Yes.
12
Q.
Through Diamond Court Reporting?
13
A.
No.
14
15
16
I billed the Sacramento Court because
the judge requested it.
Q.
Did you yourself bill,
Reporting bill?
17
A.
No.
18
Q.
All right.
19
20
21
22
or did Diamond
I did.
When was the second request made
for a copy of the transcript?

A.
I believe it was about three weeks later.
I'm not quite sure.
Q.
By the way,
23
to the Court,
24
transcript?
25
A.
when you sent the transcript off
to whom's attention did you send the
sent it to the Administrative Office,
L------------------------IN RE: CJF NO. 185
to
4/2/09--------------------~
410
Linda Lucky's office,
who is the Court coordinator,
and directed it to his department.
But I sent it
3
through her.
Q.
Why didn't you send it directly to
Judge McBrien?
5
6
A.
I'm not accustomed to doing that,
something directly to a
Administrative Office.
Q.
transcript?
Ii
A.
No.
12
Q.
Now,
14
who
made that request?

A.
The judge's clerk called and said they never
did receive a copy;
16
chambers.
18
send it through the
when the second request was made,
15
17
Does the Administrative Office request the
10
13
judge.
sending
Q.
and I
sent it directly then to
And when you sent it directly to chambers,
was that accompanied by any type of a cover letter?
19
A.
sent another copy of the bill.
20
Q.
You sent that
21
A.
Yes.
22
Q.
Did you keep another copy of the bill?
23
A.
Shortly after I
t~o
chambers?
moved to San Jose, my house
24
was burglarized and my computer was stolen.
25
most of my records.
'---------~----IN
I back everything up,

RE CcJF NO.
185
saved
but not
4/2/09 -~- - - - - - - - -
411
bills.
Q.
2
3
Your computer was stolen while you were in
San Jose?
A.
Yes.
Q.
Didn't you testify in deposition that your
computer was stolen at Shingle Springs,

A.
No.
It was in Eldorado Hills.
That home was
My husband was still there
still in existence.
negotiating the sale of the house.
10
California?
I was living in a
hotel in San Jose.

Q.
11
Didn't you testify your house in Eldorado
12
Hills was bro
13
your husband's wedding ring,
14
stolen?
15
A.
Yes.
16
Q.
That would be the computer that had the
17
n into and your laptop computer and

and nothing else,
transcript of the Carlsson vs.
18
A.
Originally.
19
Q.
Carlsson case?
But I back up my hard drive.
would like you to take a look at the last
20
page of Exhibit 35,
21
me.
22
binder.
The transcript,
which is paginated 464 Exhibit 37.
23
MR.
24
25
was
BLUM:
excuse
It's a separate
The transcript binder.

The page you're
referring to?
L------------------------IN RB CJF NO. 185 -
4/2/09--------------------~
412
MR.
BY MR.
MURPHY:
464,
Your Honor.
MURPHY:
Q.
The very last page.
A.
Of the March ...
Q.
The very last page.
A.
~1arch
10
9th?
Thank you.
All the way at the
back.
BY MR.
MURPHY:
11
Q.
All the way at the back,
12
A.
Yes.
13
Q.
}\t 464,
14
A.
Yes.
15
Q.
NOW,
16
the very last page.
the last page.
that reflects that you prepared this
transcript on October 2,
2006.
17
A.
The whole transcript,
18
Q.
And did you pr
Correct?
yes.
are this partial transcript,
19
Exhibit 17, using the original transcript for its
20
preparation?
21
A.
22
No.
The original entire transcript hadn't
been produced.
23
Q.
Okay.
24
A.
I did the partial and then later did the
25
entire transcript.
' - - - - - - - - - - - - - - I N RE CJF NQ.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - l
413
Q.
1
2
When you -- do you recall when you e-mailed
the transcript to the Court?
A.
Probably September.
Q.
Did you keep a copy of the e-mail?
A.
No.
Q.
Did your e-mail service have an archival
system for e mails?

I don't even know.
A.
e-mails if I
10
11
Q.
I'd have thousands of
kept everything.
Was the e-mail that you forwarded to the
Court contained in the computer that was stolen?
12
A.
No.
13
Q.
So you would have e-mailed separately,
14
another system,
15
A.
the partial transcript;
My computer,
in Eldorado Hills.
17
bought a new computer at Best Buy,
18
Jose and installed all my records.

Q.
19
20
was still
I backed up the hard drive.

I think,
in San
Including the transcript of the Carlsson vs.
Carlsson case?
21
A.
Yes.
But I
still was living and working
22
in
23
the partial transcript.
24
actually in trial and sent it to them.
25
right?
the original computer,
16
from
I was living in Eldorado Hills at the time of
Q.
Ms.
Joy,
So I did that while we were
can you tell me why,
L-------------------------IN RE CJF NO. 185
on Page 2 of
4/2/09--------------------~
414
Exhibit 17,
blank space?
3
4
there are approximately 17 lines of space,
My copy has some blackened-out area.
A.
I've
never seen this copy.
This looks like something that was produced -- printed
from the e-mail because it's all kind of juxtaposed.
Obviously.
Page 1.
10
Q.
11
12
It's very unusual looking.
Like the top of Page 2 is at the bottom of
So this does not appear to be the partial
transcript that you prepared?

This is the e-mail version of the transcript
A.
13
that I prepared,
and i t ' s not a PDF file.
14
printed it just from the e-mail attachment itself.
15
It's hard for me to explain this.
16
itself correctly.
17
different alignment being from a different source,
18
email.
19
Q.
21
Carlsson,
22
didn't put on; right?
24
25
sorry.
Q.
but it has a
It's your testimony that this transcript is
something that,
A.
It doesn't align
It's the transcript,
20
23
They
at least where it says,
"March 3,
'06
Partial For Judge," that's something you
The header,
Correct,
yes,
that is something -
it is something I
I'm
did not put on.
And are you computer proficient?
'--------~------IN
RE elF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - - "
415
A.
Somewhat.
Your Honor,
MR. MURPHY:
I would like to have
marked as Exhibit J an e-mail string dated November 4,
2006 to Charlene Drummer from Joy,
THE WITNESS:
THE WITNESS:
MR. MURPHY:
10
still haven't had that fixed.
I have three for the Court.

chance to review this,
Mr.
13
BLUM:
Yes,
Your Honor.
MR. MURPHY:
Yes,
16
Your Honor.
17
I have one for the witness,

r
Your Honor
it will be,
I don't have enough copies to go around.

so I ' l l do another copy
the court reporter.
19
20
continue.
21
BY MR. MURPHY:
Q.
Ms.
Joy,
23
Charleen Drummer,
24
is that correct?
25
Has the original
been provided to the court reporter?
15
22
Have you had a
Blum?
MR.
18
There's no question
I'm sorry.
12
14
(sic).
pending.
1J
Bobbi
All right.
You may
this is an e-mail you sent to

Commission on Judicial Performance;

~-----------------------IN
RE CJF NO. 185 -
4/2/09--------------------~
416
A.
I never received this response from her.
Q.
understand that.
I ' l l get to that.
Let me just go to the ...
(Counsel examines document.)
Why don't we take
this opportunity to take our first afternoon recess.
We'll be
n recess for 10 minutes.
(Recess taken.)
We are back on the
10
record in the matter of the Inquiry of Judge McBrien,
11
in the presence of Judge McBrien and counsel.
12
And,
13
MR.
MURPHY:
Ms.
Joy,
14
Q.
Mr. Murphy,
you may continue.
Thank you,
Your Honor.
did I hear you correctly,
are you
15
presently employed by the Santa Clara County Superior
16
Court?
17
A.
That's correct.
18
Q.
Are you assigned to any particular judge?
19
A.
No.
20
Q.
And how long have you been employed by the
21
22
23
24
25
I'm floating.
Santa Clara County Superior Court?
A.
It's about -- it will be three years on
September 11.
Q.
Have you ever been employed by the Sacramento
County Superior Court?

~-----------------------IN
RE CJF NO. 185
4/2/09 ___________________--.J
417
A.
Yes, but on a per diem bas
Q.
Have you ever been an employee of Sacramento
County?
A.
was an employee of Sacramento County when I

I wanted to
first moved there,
just get back into the courtroom and then found that
i t was not so difficult to be hired as a reporter.
Q.
as a courtroom c erk.
Let's take a look at Exhibit J.
This is an
email that you sent to Charleen Drummer; correct?
10
A.
Yes,
that's correct.
11
Q.
And this e-mail related to a claim that you
12
made to Ms.
Drummer that the partial transcript that
13
you had submitted had,
14
right?
in some fashion,
15
A.
That's correct.
16
Q.
You state in here,
been doctored;
"I asked our IT trainer
17
yesterday hypothetically if it was even possible for
18
e-mail to create its own header.
19
seen such a thing and that it would have taken a
20
purposeful extra step."
21
Why did you go to the IT trainer?
22
A.
23
Santa Clara.
24
transcript,
25
He said he had never
Q.
That's
those are our technology guys in
Because when I
I
saw this header on my
asked how that could possibly happen.
Because that was something that you hadn't
~------------------------IN
RE CJF NO. 185
4/2/09--------------------~
418
prepared;
right?
A.
Yes.
Q.
You state,
"Look over your original message
to me for an example of howe-mails can be tampered
with,
just delete it.
original message that you sent.
s
9
10
and PLEASE"
A.
in capital letters
"PLEASE
I hereby swear that that is not the
I do recall that now.
Regards,
Robbi."
I was demonstrating to
her how I can go back to her original message and just

change it all around.
11
Q.
You doctored her original message?
12
A.
Yes.
13
Q.
So you,
using your computer,
changed her
14
original e-mail message to you to read as follows:
15
"Robbi,
16
falsified Carlsson trial transcript; we don't
17
appreciate this at all."
18
were they?
first,
no thanks to you for sending that
Those weren't her words,
19
A.
No,
they were not.
20
Q.
You doctored that;
21
A.
Yes,
22
Q.
(Reading) :
right?
as a demonstration.
"Second,
that's an obvious bogus
23
phone number that you provided at 91649699.
24
several days,
25
Ms.
For
I have been getting a busy signal."
Drummer didn't say that to you in an e-mail,
'-----~---------IN
RE CJF NO.
did
185 - 4/2/09
419
A.
No,
she did not.
Q.
Finally,
"I would like to ask you
it says:
4
some follow-up questions,
so could you please try to
keep your story straight this time.
(415)
557-1207."
7
you;
right?
A.
No.
That's not what Ms.
10
alteration on my work,
11
angry.
Q.
13
do you?
14
A.
15
Drummer said to
If this sounds sarcastic,
9
I was pretty incensed.
12
My direct line is
I apologize.
I have never seen an

and I was pretty shocked and
You have no idea if anyone altered your work,
know that the final product is not the
product that I prepared.
16
Q.
Do you know who did that?
17
A.
No.
18
Q.
Now,
I want to go back -- and this is going
19
to be my last question or two -
20
transcript and specifically at the conclusion,
21
Page 462
22
A.
I have it.
23
Q.
-- where the judge says,
24
25
recess."
A.
Do you see that?
to the trial
on
"Court is in
Page 462,
Line 22?
Yes.
' - - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09--------------1
420
Q.
"Court is in recess"?
A.
Yes.
Q.
You continued to report thereafter?

A.
Yes.
Q.
After the judge declared court is In recess;
right?
A.
Yes.
Q.
And did you watch the judge leave the bench
10
at that point in time?
11
This is all in a short period of time.
A.
12
was-
13
leaving.
14
who she was speaking to,
15
Ms. Keeley,
16
order," and then the clerk spoke.
17
18
19
he said,
Q.
"We're going to recess"; he was
Ms. Huddle said to
saying,
can't really recall
either her client or
"I think he has a protective
Did you see him leave the courtroom after he
declared a recess?
A.
Well,
this is sort of slicing it thin.
20
was getting up and walking out.
21
what exact moment he was out of the room.
22
He
Q.
Well,
He
don't recall at
you said under Mr. Blum's examination
23
that he poked his head around the corner and then said
24
"This trial is over"; right?
25
A.
Yes.
On Line 27.
L . . . - - - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09----------------~
421
Q.
Right.
A.
So this Line 23,
4,
5 and 6 is a really brief
period of time.
Q.
But he was outside of the courtroom during
that period of time,
was he not?
A.
I don't believe so.
Q.
SO he never left the courtroom?
A.
He left the courtroom.
Q.
Hold on.
10
11
He never left the courtroom until
you noted that he exited on Line 10,

A.
No.
Page 463 ?
And "exited the courtroom" is probably
12
not the most succinct language.
13
into the courtroom.
He never came back
14
Q.
That was lan9uage you chose,
15
A.
Sure.
16
Q.
To describe what happened?
17
A.
It would be rather awkward to say -
18
19

answered yes or no,
Ms.
though;
right?
That could be
Joy.
20
THE WITNESS:
21
I don't know how I would have phrased that.
I'm sorry.
22
I've never been through something like that.
23
"exited."
24
25
MR.
Q.
MURPHY:
said
Final question.
You specifically recall Judge McBrien
L-----------------------IN RE CJF NO. 185
4/2/09 ---------------!
422
recessing for one minute to allow Ms.
the bathroom?
A.
Huddle to go to
I recall his answer to her request as being
"you have one minute."
the duration was one minute.
I don't recall that,
in fact,
Q.
You specifically remember him saying that?
A.
Yes.
Q.
And if he said that,
9
10
11
it accurately,
you would have reported
and it would be in the Court record;
right?
A.
Not everything is said on the record.
12
didn't record,
13
been writing,
14
have to go to the bathroom."
15
cases,
16
someone is saying something obviously in jest or
17
something that's really not impacting the trial or
18
improper to be on the record,
19
20
I don't believe -
I'm sorry,
when she said,
"I,
frankly,
But some things,
in some
we do use our own judgment a little bit.
MR.
Your Honor.
MURPHY:
If
we don't write it.
I have nothing further,
Thank you.
21
22
MR.
23
I may have still
BLUM:
Yes,
Mr.
Your Honor.
Blum?
I have another
document that I ask be received as Exhibit 41.
24
MR. MURPHY:
25

~-------------------------IN
No objection.
RE CJF NC. 185 -
Okay.
Provide a
412109----------,--~--------~
423
copy of the original to the court r
MR.
apologize,
I'm out of tabs.
(Examiner's Exhibit No.
41 received into
BLUM:
evidence. )
BY MR. BLUM:
Q.
Ms.
Joy,
are you looking at what's now been
received as Examiner's 41?
A.
Yes,
am.
10
Q.
When Mr.
Murphy was questioning you about the
11
e-mail to Charlene Drummer,
12
could be changed?
you said you showed how i t
13
A.
That's correct.
14
Q.
Is Examiner's 41 the original that you
15
received from Ms.
16
A.
Yes,
17
Q.
Mr.
Drummer?
it is.
Murphy was questioning you about the time
18
the judge left the bench.
19
of the judge was obscured by the bench.
20
that?
He asked you if your view

Do you recall
21
A.
Yes.
22
Q.
As the judge left the bench and went out the
23
door to his right,
24
sight of him?
25
A.
would you ever have completely lost
Not until he walked through the door,
L-------------------------IN RE CJF NO. 185
no.
4/2/09--------------------~
424
Q.
So he's partially obscured by the bench,
can you still see the upper portion of him?
A.
Yes.
Q.
You said that you had -
system.
including the Carlsson trial?
you called it a
A.
Yes.
Q.
Did you attempt to locate that record,
A.
Yes,
I have.
looked at the portions of the
11
transcript where I did a word find on the word
12
13
just wasn't able to find it.
14
the courts.
16
that
audio record of the Carlsson trial?
10
15
recess. "
Q.
I tried to find that particular moment.
I don't have -
just ran out of time.
Please turn to Exhibit 17.
That's the
partial transcript?
A.
Yes.
18
Q.
You believe this to be a printout of the
e-mail version you sent to the Court?
20
A.
Yes,
21
Q.
So its appearance looks a little bit
22
I do.
different than you remember?
23
A.
Yes.
24
Q.
Now,
25
We're really busy in all
17
19
.wav
It was an audio recording of the trial,
but
document,
It's formatted differently.

if you look at the first page of that
Bates stamped
'------~-------IN
RE CJF NO.
think this is 104,

185
this
4/2/09--~-----------~
425
was a partial transcr
March 3?
A.
Yes.
Q.
Now,
if you'll turn to near the end of the
document,
what day you transcribed this testimony?
A.
Bates Stamp 123, does the document indicate
On 124
Bates Stamp 124,
the date just
above my signature line is the date that I prepared
it.
10
11
Q.
Well,
on Page 123, Line 12 and 13,
what would
that date be?
12
A.
Oh,
apologize.
No,
that
I'm getting
13
confused because of the way it's set up here.
14
my certificate,
15
it.
16
Q.
By "that,"
17
Lines 12 and -
18
through Line 13?
19
A.
and that is the date that
the certificate begins at Line 2,
Every time I reproduce a transcript,
re date it because that's not,
21
I'm signing it again.
22
recall which date that would have been.
24
25
Q.
prepared
you're referring to Page 123,
20
23
Okay.
That's
in fact,
So this -
goes
the date that
I don't really
So you don't know if you transcribed
this on March 3rd or 4th or 10th?

A.
This would have been the request
L-------------------------IN RE CJF NO.I85 -
the
4/2/09----------------------~
426
request then -- the testimony was March 3rd.
request would have been March 9th, because I
and sent it on March 10th.
MR.
IIllR. MURPHY:
FURTHER RE-CROSS EXAMINA.TION
BY MR.
Q.
BLUM:
The
signed it
Nothing further.
Mr.
Just briefly,
Murphy?
Your Honor.
MURPHY:
This
.wav technology you talked about,
you
10
never mentioned that to anyone until your deposition
11
was taken in this matter;
isn't that correct?
12
A.
I don't know.
13
Q.
Well -
14
A.
I don't remember discussing it.
15
Q.
You said that the courts are very busy,
16
you haven't been able to find this
17
Did you look for it for the past two years?
.wav technology.
18
A.
Surely I
have looked for it.
19
Q.
Never been able to find it?
20
A.
No,
because I
--
so
Several times.
it simultaneously records
21
the entire trial.
I would have to go through these
22
hundreds of pages,
and I get bogged down with appeal
23
transcripts;
24
did make my best effort.
25
Q.
just didn't have the spare time.
Did you provide the
But I
.wav technology to the
L-----------------------IN RE CJF NO. 185 -
4/2/09--------------------~
427
Commission so that it could locate
statement?
A.
They didn't ask me to.
Q.
That's not my question.
A.
No,
did not.
MR. MURPHY:
6
7
Did you provide -
Thank
you.
MR.
BLUM:
Blum?
Ms.
Joy,
No questions.
10
Mr.
while
11
you're here,
look at Exhibit 17 and Bates Stamp
12
Page 117,
13
repeat of the first page.
14
appears very curious; do you have any explanation?
if you would,
for me.
My question is:
15
THE WITNESS:
16
17
18
It looks like a
No.
The copy I have
appears to be.
THE WITNESS:
really haven't read through
19
this and examined it and tried -
20
I were able to compare mine with this.
21
22
23
24
25
This
it would be good if
So I
understand it,
you don't have any explanation?

THE WITNESS:
That is unusual.
We would not
have a second first page.

L------------------------IN RE CJF NO. 185 -
Any questions?
412109--------------------~
428
Ms.
Joy,
have a question.
when you're recording a t r i a ,
discussion off the record,
"Off the record" or "Discussion off the record held"?
Or is it only if the bench officer says,
record"?
10
do you put in parentheses
"Off the
I do have a blurb that says,
"Discussion held at bench" or "Discussion held off the

record between counsel and defendant."
11
12
every time there's a
How do you handle that?

THE WITNESS:
Is it your practice that every time
Thank
Okay.
you.
So I
know what's going on.
13
THE WITNESS:
14
So we can assume,
if
15
we're looking at the transcript,
16
continual dialogue in open court unless we would see
17
something that indicated,
18
that there was discussion either at the bench,
19
side-bar or off the record?
20
THE WITNESS:
No,
that it was a
probably in parentheses,
not formally.
at
As I said,
21
sometimes people just make side comments and they're
22
not relevant,
23
include that in the trial transcript.
24
that formalized where they say,
25
the record."
and we know that we're to just not
< - - - - - - - - - - - - - - - - I N RE CJF NO.
It isn't always
"I want this to be off
185 - 4/2/09
429
So
there's colloquy between counsel,
necessarily say "off the record," but if it appeared
that there was an off-the-record discussion,
your custom and practice be to note it as "off the
record"?
THE WITNESS:
No,
you would not
not always.
would
I would just
simply not write it.

Thank you.
10
How do you
11
decide whether you're going to note it or not?
12
either of the attorneys begin to discuss something
13
that seems informal or someone announces off the
14
record,
15
parentheses to note that?
16
When
how do you decide what you're going to put 1n
THE WITNESS:
When they announce.
17
ask,
18
"Just a moment please," and then they're discussing
19
something with their client.
20
there are just utterances,
21
and I don't formally say,
22
23
"May we go off the record,
They may
Your Honor?"
But there are times when
and I don't record them,

"Off the record discussion."

exerc~sing
your
Or say,
So you're
scretion in that instance?
24
THE WITNESS:
25
There are some attorneys who have a habit of
Yes.
L - - - - - - - - - - - - - - I N RE CJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - '
430
saying "and" before every question,
and I,
courtesy,
just don't put that in.
anything,
and i t ' s just unnecessary.
discretion a little bit.
It doesn't impact
We do use
Not with a witness.
Mr.
NR.
BLUM:
NURPHY:
No,
No,
11
Murphy?
May this witness be
excused?
Yes,
Your Honor.
13
MR. MURPHY:
14
~R.
15
BLUM:
Yes,
Your Honor.
Ms.
Joy,
you're
excused.
17
Call your next witness.
18
MR.
19
20
MR.
21
BLUM:
MURPHY:
for Judge Mize,
The Examiner rests.
Mr.
Murphy?
call James Mize.

While we're waiting
please feel free stand up and stretch.
23
(Pause in proceedings.)
24
25
Mr.
Your Honor.
MR.
22
Any more questions,
Your Honor.
10
16
Thank you.
Blum?
12
as a
Please raise your
right hand.
L-----------------------IN RE CJF NO. 185 -
4/2/09--------------------~
431
---000--
JUDGE JAMES MIZE
hav~ng
been
f~rst
duly sworn,
test~f~ed
---000--
sir.
name.
THE WITNESS:
name
Please have a seat,
Please state your full name and spell your last
as follows:
1S
My name is James Mize.
Last
M-i z-e.
10
11
Mr. Murphy,
12
DIRECT EXAMINATION
13
BY MR. MURPHY:
Thank you.
you may examine.
14
Q.
Good afternoon,
15
A.
Good afternoon.
16
Q.
You are the presiding judge of the Sacramento
17
Your Honor.
County Superior Court?
18
A.
Yes,
19
Q.
And could you briefly describe for us your
20
21
I am.
educational background?
A.
I graduated from the University of
22
San Francisco
23
with an A.B.
24
University of
25
Graduated from the University of San Francisco with a
excuse me,
in 1968.
University of California
I have an M.S.W.
Califor~ia
at Berkeley,
L - - - - - - - - - - - - - I N RE CJF NO.
from the
also in 1971.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - l
432
J.D.
2
3
in 1974.
And did you begin practicing law after
Q.
graduating from the University of San Francisco?

Well,
I had to pass the Bar first.
But after
A.
I graduated,
started practicing in December-something 1974.
I did pass the Bar fortunately and
Q.
In what geographical area did you practice?
A.
I've practiced all my career in Sacramento.
Q.
And could you describe for the Special
10
Masters the nature of your law practice while you were
11
in private practice?
12
When I was in private practice,
A.
13
doing everything.
14
And I practiced a little bit of everything from
15
collections work to family law,
16
law,
17
constitutional cases.
18
then as my 26 year career evolved,
19
more and more family law so that by the end of my
20
practice,
21
some -
And in 1974,
I started out
you could do that.
to a little criminal
some civil litigation,
a couple of
And
Pretty much everything.

I
started doing
I was pretty much exclusively in family law.
Q.
And when did you begin to emphasize in family
23
A.
I was always doing some family law.
24
probably did
25
third of my practice was family law.
22
law?
even at the very beginning maybe a
- - - - - - I N RE CJF NO.
185 -
And then pretty
4/2/09-----~---_---J
433
maybe midway through those
much
probably 60,
20 years,
occasional odds and ends things.
Q.
70 percent family law.
And maybe after
it was clearly 100 percent family law with
Did you ever become certified as a family law
specialist by the Board of Legal Specialization in the
State of California?
A.
Yes,
Q.
And when did you become so certified?
10
A.
Roughly 10 years before I
11
12
was a certified specialist.
went on the bench.
But it could be a couple years in either direction.

Q.
Now,
were you a member
- while you were an
13
active member of the Bar,
were you a member of the
14
Sacramento County Bar Association?
15
A.
Yes,
16
Q.
Were you a member of the family law section
was.
17
of the family -
18
Association?
19
A.
Yes,
20
Q.
And were you ever on the executive committee
21
of the Sacramento County Bar
was.
of the family law section?
22
A.
No.
23
Q.
During the period of time that you were an
24
active practitioner in family law,
25
before Judge Peter McBrien?

L-------------------------IN RE CJF NO. 185
did you ever appear
4/2/09--------------------~
434
A.
Yes,
I did.
Q.
On what degree of frequency?
A.
I don't know exactly when I
first started
appearingi but since I was doing family law for
basically 26 years before I went on the bench,
have been appearing
went on the family law bench until the time I went on
the bench.
I don't remember exactly when he went on because I
I would
fore him from the time that he
And so whatever number of years that was.
10
don't keep track of that.
11
first there,
12
and there would have been three family law judges at
13
that time.
14
a third of the cases that I had.
15
probably two times a week on the average.
16
have said that I would have probably been in front of
17
him maybe once every two weeks,
18
19
Q.
But at the time when he was
it would have been in the old courthouse,
So I would have appeared before him about

I was in court
So I would
roughly.
In your experience as a lawyer appearing
before Judge McBrien,
did you find him to be fair?
yes.
20
A.
Oh,
21
Q.
Impartial?
22
A.
Yes.
23
Q.
Did he have
24
A.
Yes.
25
Q.
Was he patient?
- was he courteous?
IN RE CJF NO.
.185
4/2/09
435
A.
Yes.
Q.
Was he dignified?
A.
Yes.
Q.
Did you consider Judge McBrien to be an asset
to the family law bench,
at least from your
perspective,
California?
A.
Yes,
Q.
During that period of time, while you were a
while a lawyer practicing in Sacramento,
absolutely.
10
lawyer practicing before Judge McBrien,
11
what benefits,
12
departments?
13
A.
Well,
if any,
do you know
he brought to the family law
the first benefit,
was the
14
fact that,
15
with that as a PJ
16
go into family law.
17
go there,
18
counties to have the newest judge, who is excited
19
about just being a judge period,
20
family law because they are willing to do anything.
21
as one may know
of course,
you have more experience
i t ' s difficult to get people to

It's difficult to get judges to
so that there's a tradition in a lot of
and you send him to
I think that's a travesty because family law
22
is one of the most difficult areas of the law,
23
most contentious folks in it,
24
most difficult issues.
25
about Judge McBrien,
has the
and it has some of the
So one of the best things
as well as Judge Kobayashi and
L-------------------------IN RE: CJF NO. 185 -
4/2/09----------------------~
436
also exterds to Judge Allman,
go into family law.
stint,
provided not just an incredible continuity but the
ability of predictability from the standpoint of law.
We knew what they were going to be like; we knew how
they were going to respond to things; we knew how much
explanation they needed.
asset,
is they were willing to
And after a one or two-year
they actually agreed to stay there.
as a lawyer,
And that
And it was a tremendous
to know who the judge was going to
10
be as opposed to coming in there and finding out
11
you've got somebody who was just appointed three weeks
12
ago and didn't know anything about being a judge, much
13
less being a family law
I became a
THE WITNESS:
19
THE WITNESS:
21
judge in the year
In May of 2000.
2000.
18
20
When did you become
a judge?
16
17
family law judge.
14
15
Thank you.
You're welcome.
BY MR. MURPHY:
Q.
Judge Mize,
while you were a practicing
22
member of the Bar,
23
Judge McBrien in connection with family law related
24
matters?
25
A.
did you ever work with
Like on committees or something?

- - - - - I N RE CJF NO .185
I don't
4/2/09
437
recall because I
I'm not sure that there were any committees that I
would have been on.
County Bar Association,
have been on those committees.
have been something in the last
years.
Q.
8
9
judge.
I don't recall
I was active in the Sacramento

and I'm not sure that he would
in those 10 or 15
And you became a judge in 2000?
A.
Yes,
11
Q.
And after becoming a
I did.
judge, were you
yourself -- withdraw that.
13
14
Justice Cornell asked you when you became a
10
12
There very well may
Are you a member of the California Judges
Association?
15
A.
Yes,
16
Q.
Have you held any offices in that
17
am.
association?
18
A.
Yes.
19
Q.
After becoming a
20
I was the president in 2004,

judge,
think.
did you have any
experience in the family law departments?
21
A.
Yes,
did.
Having had the considerable
22
experience in family law as an attorney,
23
first assignment was criminal law.
24
25
court that ln the first year -
spent a year there.
And I
of course my
spent -
so
We do have a policy in our
L - - - - - - - - - - - - - - I N RE CJF NO.
185
now I have a policy

4/2/09 _ _ _ _ _ _ _ _ _ _- l
438
I've instituted too.
few PJs.
not being the calendar court,
assignment being a trial court.
spent my first year as a criminal law trial judge; my
second two years as a family law judge; my next year
as a criminal law trial judge; my next two years as a
family law
Assistant Presiding Judge,
We've carried it on for the last
The first assignment not being family law or
udge.
period.
And in this case,
doing just criminal law
cases as well as some assorted civil.
11
last year and a half,

Now,
Q.
13
departments,
14
A.
It would have been -
16
then 2004 and 2005.
18
Justice
19
And
think.
I almost elevated you,
was
Your Honor.
Was Judge McBrien assigned to a family law
department?
21
A.
25
I was appointed in
During that period of time,
Okay.
20
24
as PJ.
So it would have been 2001 through 2002.
Q.
23
year and a third now,
do you recall what years those were?
2000.
22
And then the
when you were assigned to the family law
15
17
And the two years when I was
10
12
But the first
He was a family law judge in each of
Yes.
those two assignments that I had.
Q.
During that period of time,
did he ever act
as supervising judge in the family law departments?

A.
No.
think he was the supervising judge
' - - - - - - - - - --~--- IN RE CJF NO .
.1 85 - 4 / 2 / 0 9 - - - - - - - - - - - - - - '
439
in my first stint.
when
second time.
Q.
I don't
Did Judge McBrien assist you at all ln family
law matters after you were assigned to the family law
department?
A.
next to him.
that
has as a relatively new judge,
My -- I had the good fortune of being right

I was in 123; he was in 124.
And so
if one knows the kinds of questions that one

you always go to the
10
nearest one,
11
next door to me,
12
know,
13
and said,
14
assistance on family law because I
15
being a
judge is obviously very different from being a
16
lawyer,
and there are many things I didn't know about,
17
the procedure,
18
things.
19
literally 100 times,
20
assistance,
21
days on the bench.

Q.
23
to you,
24
A.
He was right
so I stuck my head in the door,
I ' l l hyperbolize it,
22
25
and he was the nearest one.
"What do I
you
but maybe a thousand times
do on this?"
didn't need any
knew that.
But
about what was -- what's the way to do
So that there were literally if not 200,
that I
would say
asked him for
and he gave me the assistance in my early
Did you consider Judge McBrien to be a mentor

at least with respect to family law?
Well,
considered him to be the expert.
He
was the one that you would go to because he had been

L-------------------------IN RE CJF NO. 185
4/2/09----------------------~
440
there the longest.
know,
the one who had been there the longest and would know
the answer to this.
"Have you ever had a case like this?
handle it?"
that,
this is the way that we've done that,
suggestions that I would have," et cetera,
10
And if you needed anything,
you
why bother going anywhere else because he was
Because the questions would be,
And he would say,
two years ago,
Q.
"Oh,
And how do you

yeah,
I've had
six years ago," whatever,
"and
and here are the

et cetera.
Did you consider him to be an asset for you
11
as a family law judge while you were on the family law
12
bench?
Invaluable.
13
A.
Absolutely.
14
Q.
And when you were sitting in family law,
15
the family law departments adhere to the time
16
estimates given for trials?

I'm not sure of the question.
17
A.
18
that again?
19
Q.
20
21
trial,
A.
Okay.
Now,
keep it a short cause?
23
keep it a long cause?
25
Q.
right?
if i t ' s a short cause,
22
24
Can you say
When a family law matter is set for
there is a Memorandum to Set;

Yes.
did
do they
If i t ' s a long cause,
do they
What's the difference between short cause and
long cause
L-------------------------IN RE CJF NO. 185 - 4/2/09--------------
441
A.
Short cause
wai t . . .
THE REPORTER:
4
BY MR. MURPHY:
Q.
5
6
think the question was:
What is the
difference between short cause and long cause?
A.
'7
believe that at the time short cause meant
that it was going to be one day or
cause would mean it would be at least two days or
10
11
Q.
Okay.
department,
13
Judge?
15
16
and a
more.
12
14
ess,
long
A.
After you left the family law
you said you became Assistant Presiding
The second
after the second time I
the family law department,

Q.
left
I became the APJ.
And did your duties as the Assistant
17
Presiding Judge include supervising the family law
18
courts?
19
A.
No,
20
Q.
Did it include overseeing complaints
21
it did not.
registered by judges?
22
A.
No,
23
Q.
When did you become the presiding judge?
24
A.
January of 2008.
25
Q.
And what are your duties as
it did not.
~-----------------------IN
RE CJF NO. 185
4/2/09--------------------~
442
in the Sacramento County Superior Court,
Rules of Court?
A.
How long do you have?

besides the
Why don't you assume
we know what those are.
MR.
MURPHY:
Okay.
THE WITNESS:
They are administrative mostly,
but there's a ton of things and no two days are the
same really.
10
11
BY MR.
MURPHY:
Q.
And as the Presiding Judge of the Sacramento
12
County Superior Court,
13
who serve under you;
you're familiar with the judges
right?
14
A.
Yes.
15
Q.
And at the present time as Presiding Judge,
16
17
how would you rate Judge McBrien?
A.
He's one of the judges that you are delighted
18
to have as a Presiding Judge because you don't hear
19
anything.
20
the job done,
21
you're not constantly cleaning up messes.
22
23
Q.
You don't get any complaints.
You just get
and you don't -- you don't have to
And do you consider him,
at the present time,
to be an asset to the family law departments?
24
A.
Absolutely.
25
Q.
Do you consider him to be an asset
~----------------------IN
RE CJF NO. 185 -
4/2/09----------------------~
443
Superior Court of Sacramento County
A.
Absolutely.
Q.
One last question,
Judge,
It might be two questions,
and I ' l l let you
but:
During the
go.
period of time you were a family law practitioner,
what was Judge McBrien's reputation with the
least the family law section of the Sacramento County
Superior Court?
A.
10
Q.
Excuse me,
11
A.
at
think
Sacramento Bar Association.
think i t ' s pretty consistent with what I
12
just said.
13
time; everybody knew that he knew family law.
14
Everybody knew that
15
expect from him.
16
predictable.
17
weren't going to expect something outrageous or
18
unusual.
19
Whether it was in your favor or not,
20
necessarily always the case; but at least you would
21
have gotten a ruling that was within the bounds of
22
what you would have expected.
23
24
25
He was the judge who had been there a long
pretty much what you could
He was consistent.
He was
And you knew that if you had him,
you
You would get an appropriate ruling.
MR.
you,
MURPHY:
was not
I have nothing further.
Thank
Your Honor.
~------------------------IN
RE CJF NO. 185
Mr.
4/2/09--------------------~
444
,-----------------~-----------------
MR.
BLUM:
No questions.
May this
I have a question.
Excuse me.
I'm
sorry.
In your time on the
bench,
have you also participated in training other
judges on how to be family law judges?
things like that?

THE WITNESS:
10
Education and
speak to judges a lot ln
11
family law about the suggestions on how to handle
12
cases in -
13
them some personal experience that assists them.
14
recently,
15
things like that.
if they are family law,
can give
Most
like in doing Statements of Decisions and
16
so that I
Have you been
17
involved in education programs where you're talking to
18
judges and answering their questions about what is and
19
is not appropriate behavior on the bench?

THE WITNESS:
20
Well,
I've been teaching CJER
21
courses in family law almost since I've been on the
22
bench,
23
2002,
24
I've been the chair of the overview course for the
25
last three or four years.
so since 2001.
I believe.
I've taught every year since
I've taught the overview course,
~------------------IN
and
So there was a period of
RE elF NC. 185 -
412109------~-----------~
445
time where there was not a new jud
didn't -- that I didn't have the privilege of being in
front of.
course,
Now they have more than one overview
so I don't get to see them all.

But,
yeah,
in those overview courses in
particular,
to them about judicial demeanor and family law
demeanor,
cause difficulties and ways in which one settles down
10
in addition to the substance, we also talk
the kinds of things that can -- that can
so that that doesn't happen to you.
11
12
13
Thank you.
I have a
tag along.
14
Could you describe for us the kind of system
15
that Sacramento uses for family law?
16
calendar system?
17
those?
A direct calendaring?
A hybrid of
Something you've come up with that's unique?

THE WITNESS:
18
Is it a master
It's a hybrid that we really
19
like.
Basically you are assigned cases based upon the
20
number of the case.
21
might get cases ending in a one and a zero.
22
do all of that for your law-and-motion work.
23
comes to trial,
24
the supervising judge of the family law court,
25
that person assigns the cases to the
So if there were five judges,
however,
L--------~----------------IN
you
And you
When it
it goes to the presiding
RE CJF NO. 185 -
and
4/2/09----------------------~
446
available on those two days,
Thursday and Friday_
judge will generally try to give the case to
supervising judge will try to give the case to the
judge whose case it is,
if they have a trial that's going.
it can be assigned to someone else.
basically a hybrid system.
calendar totally -
motion;
the
but that isn't always the case

So at that point,
So it is
it's
It's neither master
it's direct calendar for law and
i t ' s master calendar for trials.

10
The
And there
11
are only two trial days for family law trials in your
12
entire court?
13
THE WITNESS:
Correct.
14
15
THE WITNESS:
Each week?
Thursdays and Fridays.
They
16
may have changed something since I've been there,
17
at least when I was there it was Thursday and Friday
18
for. the trials.
19
that,
and everybody knew it was a longer case than
20
that,
it would often be sent downtown and assigned to
21
a judge there.
22
family law cases assigned to me when I was downtown
23
for seven,
24
25
but
And if it was a longer case than
And I
eight,
know I had at least one or two
nine day cases.
And the
difference is a downtown judge would have fiv
IN RE CJF NO. 185 - 4/2/09 - - - -.. - - - - - - - - - - '
447
week for trial?
Correct.
THE WITNESS:
The downtown judge
could do it continuously as opposed to breaking it up
into two-day segments.

But the
downtown judge would not necessarily be a family law
judge?
THE WITNESS:
you know,
Correct.
And that's why we
we didn't really do it too often; but there
10
were times when we would have
11
always a time that there has been somebody with family
12
law experience who is now downtown.
13
setting,
14
knew they had some experience in it.
15
happen from time to time.
there's probably
And in that
they could be assigned that case because we

So that would
16
17
18
Mr.
MR.
20
21
MR. MURPHY:
25
BLUM:
No,
Your Honor.
No,
Mr. Murphy?
Your Honor.
Thank you,
Your Honor.
23
24
Anything else,
Blum?
19
22
Thank you.
May this witness be
excused?
MR.
MURPHY:
Yes,
Your Honor.
L------------------------IN RE CJF NO. 185
4/2/09--------------------~
448
]ViR.
MR.
THE DEPUTY:
8
9
10
11
BLUM:
MURPHY:
are you moving J

MR.
Yes.
Thank you.
call Judge Thomas Cecil.
Would you like me to get him?
While we're waiting,
into evidence?
MURPHY:
thought it was stipulated,
Your Honor.
All right.
I'm just
12
making sure the record reflects that it was received.
13
Are you're moving J
14
MR.
15
16
MURPHY:
in?
Yes,
Your Honor.
Do you have any
objections?
17
MR.
18
19
(Respondent's Exhibit J received into
20
21
BLUM:
No.
J will be received.
evidence. )
Please raise your right hand.
22
---000--
23
JUDGE THOMAS CECIL
24
25
---000--
' - - - - - - - - - - - - - - - I N RE C'JF NO.
185
~.
4/2/09-----
449
1
2
sir.
THE WITNESS:
You may examine,
DIRECT EXAMINATION
BY MR. MURPHY:
Q.
Judge Cecil,
Thomas Cecil,
C-e-c-i-l.
Thank you.
Mr. Murphy.
you are a retired judge for the
Sacramento County Superior Court?
10
A.
That is correct.
11
Q.
Sit by assignment?
12
A.
Sit by assignment full-time.
13
Q.
And you sit by assignment full-time in what
14
department?
15
A.
16
am in Department 125,
which is part of the
family law courts.
17
18
Q.
Have you been in family law departments for
some period of time?
19
A.
I think since the latter part of
20
Q.
And did you have any family law experience
21
'OS.
prior to that point in time?
22
A.
I think the humor was that I had one morning.
23
Q.
After joining the family law departments in
24
2005,
25
judge?
did you ever hold a position of supervising
RE CJF NO. 185
4/2/09--------------------~
450
.-------------------------~-------
A.
did.
I was supervising judge of the family
law and probate departments for all of 2008.

Q.
And during that period of time,
did you
supervise Judge Peter McBrien?
did.
A.
Q.
departments,
assistance as a mentor-type person to help you with
your duties?
And when you joined the family law
did Judge McBrien provide you with any
10
A.
Absolutely.
11
Q.
Could you describe for us what those
12
mentoring duties were?
13
A.
Well,
think,
first of all,
spent some
14
amount of time in his department observing him before
15
16
the hours that Judge McBrien keeps,
17
before anybody else;
18
see him.
19
i t ' s case specific,
20
whether i t ' s complicated topics,
21
the disposal of the people who work in that building.
22
23
24
25
ever started on my own.
Q.
Second of all,
because of
he is always there
so i t ' s always easy to go in and
He has a very open-door policy.
Whether
whether i t ' s general topics,

basically he is at
And he's helped you over the years in the
family law departments?
A.
He's helped me over the years -
them 35 years,
let's call
in virtually a variety of capacities.
- - - - - - - - I N RE CJF NO.
185 - 4/2/09 - - - - - - - - - - - - - - '
451
2
3
Q.
In the year
supervising judge of the family law departments?

A.
I may have been the acting supervising judge
periodically,
somebody was missing,
Q.
but I
think it would only have been if

if somebody was absent.
Do you recall whether or not you were the
acting supervising judge on May 2,
of Carlsson vs.
Carlsson was assigned to trial?
10
think you mean March.
11
MR.
12
13
MR.
14
MURPHY:
MURPHY:
Oregon in May;
2006 when the case
March,
You said May.
They are both M's.
May.
Same alphabet.
I'm going to go play golf in
that's why I was thinking May.
15
Q.
March 2,
2006?
16
A.
My recollection is that this particular case,
17
the Carlsson case,
18
handling the master calendar duties that day.
19
Sacramento County,
20
arrangement for family law trials.
came to my department because I was

And in
we have a master calendar
21
Q.
To whom did you assign that matter to trial?
22
A.
23
assigned that matter to trial to Judge Pete
McBrien.
24
Q.
25
assignment?
Do you have a recollection of making that
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
452
A.
Vivid.
Q.
And why do you vividly recall that?
A.
I vividly recall it because after I made the
assignment,
was proceeding on with other trials,
trial assignments;
I made the assignment,
came back in and attempted to file a 170.6 against
Judge McBrien.
and about five or six minutes after

counsel for one of the parties
Q.
Who was that party?
10
A.
Sharon Huddle.
MR. MURPHY:
11
12
have,
Your Honor.
Thank you.
13
Mr.
14
MR. BLUM:
Your Honor.
15
16
No questions,
Blum?
Do either of you
have any questions?
17
18
19
20
No.
No.
May this witness be
excused?
21
MR. MURPHY:
22
THE WITNESS:
23
24
MR. MURPHY:
25

~~~--~---------------IN
Yes,
Your Honor.

That was only five minutes.
RE CJF NO. 185 -
We'll take this

4/2/09--------------------~
453
opportunity to take our second afternoon recess.
We'll be in recess for 10 minutes,
your next witness available after that.
(Recess taken.)
and you can have
We're back on the
record in the matter of Judge McBrien in the presence
of Judge McBrien and counsel.
Mr. Murphy,
MR. MURPHY:
10
Thank you,
Your Honor.

right hand.
---000--
14
JUDGE ROBERT HIGHT

16
---000--
17
18
call
Please raise your
13
15
Judge Robert Hight.
11
12
you may call your next witness.
sir.
Please have a seat,
19
THE WITNESS:
20
21
examine.
22
DIRECT EXAMINATION
23
BY MR. MURPHY:
Robert Hight,
24
Q.
Good afternoon,
25
A.
Good afternoon.
H-i-g-h-t.
Thank you,
you may
Your Honor?
' - - - - - - - - - - - - - - I N RE CJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - -
454
~----------~~-------.--.-----------
Q.
You are a judge of the Sacramento County
Superior Court; is that correct?
A.
Correct.
Q.
And how long have you been a member of the
Sacramento County Superior Court bench?
A.
Almost six years.
Q.
And during that period of time,
your duties/assignments been?
A.
For the first year and a half,
10
general trial assignment.
11
family law.
12
assignment.
13
Q.
Since then,
In
'06 and
'07,
was in a
I was in
I've been mostly in a civil
During the period of time -
withdraw that.
Did you ever practice in private practice in
14
15
what have
the area of family law?
16
A.
No.
17
Q.
What was the nature of your practice?
18
A.
It was all government.
19
Department of Fish and Game,
20
to the State Lands Commission.
21
law,
22
family law.
23
24
25
oil and gas,
Q.
Okay.
water.
I was director of the
and I was chief counsel

Environmental land
Nothing that looks like
And you obviously know Judge Peter
McBrien?
A.
Yes.
L - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09--------------'
455
1
2
3
Q.
Did you first meet Judge Peter McBrien while
you were in private practice?

A.
I may have,
but my first recollection really
of him is when I
A.G. 's office,
don't have a good recollection of that.
Q.
carne on the bench.
He worked in the
and I
think we crossed paths; but I
So when you joined the family law department
in 2006,
you were kind of unschooled in family law?
Would that be kind of an accurate statement?
10
A.
That would be a very fair statement.
11
Q.
And did Judge McBrien provide any mentoring
12
services for you while you were a judge in the family
13
law department?
14
A.
Yes.
Our departments were adjacent to each
15
other's,
16
feet apart.
17
some question; and he either give me an instant answer
18
or would say,
19
Appellate Court case on that," and he had a big stack
20
behind his desk of Appellate Court cases just related
21
to family law,
22
out of the middle this recent case and say,
23
exactly on point."
24
know what the right answer was.
25
Q.
and our chamber's doors were literally a few

And every day,
you know,
I would go in and ask him
"I just read a recent
and he would go through them and pull
I would read it and
"This is
so I would
And did Judge McBrien provide any other
~------------------------IN
RE CJF NO. 185 -
4/2/09------------------~---~
456
assistance to you while you were in the family law
departments?
A.
Yes.
When we -
there were two of us that
started at the same time.
observed in the courtroom.
a couple of days and,
his duties,
understanding of the issues.
issues about cases.
So we watched
we
And so I sat with Pete for
you know,
watched him perform
was impressed with his patience,

We talked daily about
And so it was an ongoing
10
mentoring process that started before I got there and
11
lasted until the day I
12
Q.
left.
And you observed during these periods of time
13
that you were in his courtroom that Judge McBrien was
14
patient?
15
A.
Yes.
16
Q.
Was he dignified in the sense of judicial
17
18
dignity?
A.
Yes.
In fact,
I was so impressed that I
19
tried to model how I treated the clients after the
20
example that he set because it felt to me warm and
21
hospitable because there's just a lot of tension,
and
22
you've got to do something to break the tension.
And
23
so his demeanor did that.
24
25
Q.
Did you observe whether Judge McBrien was
courteous to the litigants appearing before him?

IN RE CJF NO.
185
4/2/09
457
A.
They -
Yes.
the pro pers,
ln particular,
never quite know what it is that they're there for.
And so he was always,
the point you're trying to make?"
6
7
8
9
Q.
Was he,
likewise,
appearing before him,

A.
Yes.
you know,
helping them,
"What's
courteous to attorneys
as far as you observed?
never observed anything other than
courtesy to all attorneys and pro pers.

Q.
During that period of time that you sat in
10
family law,
11
Judge McBrien to be an asset to the family law bench?
12
A.
2006 and 2007,
Oh,
definitely.
did you consider
He was Presiding Judge for a
13
period during that time.
14
background,
15
place.
16
you'll have 20 cases in the morning,
17
another 20 in the afternoon;
18
just a tough job.
19
Q.
He had administrative
had the ability to help organize the
I mean,
As a
i t ' s a back-breaking job because

easily,
and i t ' s just -
2006 and 2007,
21
lawyers to be prepared so that there was an -
22
was an orderly judicial process?

A.
Yes.
it's
judge in the family law departments in
20
23
and
were you somewhat reliant upon the
In the -
when I was there,
there
in the
24
morning you had attorney cases and in the afternoon
25
pro per.
But because of the volume of the attorney
L-------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
458
cases,
you know,
have a whole lot of time.
4
5
Q.
10
Did you expect the attorneys appearing before
A.
Oh,
definitely.
Q.
And in connection with family law matters,
their differences before going to trial?

Definitely.
A.
12
there,
13
you give and say,
14
can resolve,
15
resolve it."
16
Q.
you know,
Every member of the bench out
had kind of a standard speech that

you know,
it will
Now,
you were
in the Carlsson v.
"Anything that you guys
everybody is ahead if you can
or did preside over a matter
Carlsson case;
is that correct?
18
A.
Yes.
19
Q.
And that was an ex parte application by
20
Ms.
21
in early June of 2006?
22
23
24
25
you
were the attorneys and litigants encouraged to resolve
11
17
Because if they weren't,
could wallow for some time.
get to the point instantly because you don't
you to be prepared?
6
7
you relied upon them to have good pleadings,
Huddle,
A.
Sharon Huddle,
to be relieved as counsel
Yes.
MR.
MURPHY:
have, Your Honor.
Thank you.

L-----~------------------IN
RE CJF NO. 185
Mr.
Blum?
4/2/09-------~------------~
459
MR. BLUM:
No questions.
May this witness be
excused?
MURPHY:
Yes,
Your Honor.
MR.

MR. MURPHY:
Please raise your
right hand.
10
---000--
1J
CE[ARLOTTE KEELEY
12
13
---000--
14
15
sir.
I call Charlotte Keeley.
You're excused,
Please have a seat.
Please state your full name and spell your last name.
16
THE WITNESS:
17
18
You may examine.
19
MR. MURPHY:
20
DIRECT EXAMINATION
21
BY MR.
Charlotte Keeley,
Thank you,
K-e e-I-e-y.
Thank you.
Your Honor.
MURPHY:
22
Q.
Ms.
23
A.
I'm an attorney_
24
Q.
And when did you become an attorney?
25
A.
In 19 9.
Keeley,
what is your profession?
' - - - - - - - - - - - - - - - I N RE C,JF NO.
185 -
4/2/09-------------'
460
Q.
And since 1979,
has your practice focused on
any particular area of the law?
A.
Yes.
Family law.
Q.
And are you certified as a family law
specialist by the Board of Legal Specialization of the
State Bar of California?
A.
Q.
When did you become so certified?
A.
10
Q.
Since 1984,
11
A.
Yes.
12
Q.
And it requires recertification every five
13
years,
am.
believe 1984.
you have held that certification?
something like that?
14
A.
believe so.
15
Q.
And to become a certified family law
16
specialist,
you have to have achieved a certain level
17
of experience;
correct?
18
A.
That's correct.
19
Q.
You have to take a test;
20
A.
That's right.
21
Q.
.
?
You have to also pass peer reVlew.
22
A.
Yes,
23
Q.
And you've done all those things and become a
24
25
right?
you do.
certified family law specialist?

A.
have.
And during the recertification
L-------------------------IN RE CJF NO. 185-
4/2/09--------------------~
461
process as well.
Q.
Association?
A.
Q.
Are you a member of the section of -- the
am.
family law section of the Sacramento County Bar
Association?
A.
Yes.
Q.
Have you held any positions with that
10
organization?
11
A.
served on the executive committee,
12
a five year commitment,
13
subsection of the county bar.
which is
to administer the family law
14
Q.
What does the executive committee do?
15
A.
Well,
we -- we help write local rules.
We
16
have input into the content of local rules.
17
on services such as the private child custody
18
mediation program.
19
particular projects near to my heart that involved
20
confidentiality and custody mediation.
21
on a variety of projects intended to improve family
22
law practice in this county.
23
Q.
24
career,
25
A.
We have projects.
We work
had some
We just worked
And have you done that over your professional

engaged in efforts to improve family law?
I
have,
I believe.
' - - - - - - - - - - - - - - I N RE eJF NO.
85
4/2/09 - - - - - - - - - - - - '
462
.----------------------------------------------------------------.--------~
Now,
Q.
the present system of family law in
Sacramento County,
you're familiar with;
right?
A.
Yes.
Q.
Do you recall when the present system was
initiated?
A.
way that we set trials?

Set trials,
Q.
By "present system," what do you mean?
dates,
10
Or -
settlement conferences,
trial
things of that nature.
A.
We have been following this system with
11
settlement conferences run by judges pro tern and
12
trials set for Thursday and Friday,
13
since
14
15
The
I would say
I'm guessing -- the early 1990s.
Q.
And the settlement conferences are all
conducted by lawyers who sit pro tern?
16
A.
A team,
17
Q.
And the lawyers are all members of the family
18
19
20
21
22
two lawyers.
law section of the Sacramento County Bar Association?

A.
section,
Q.
I don't know that they are members of the
but they practice family law regularly.
And these positions are voluntary positions;
correct?
23
A.
When we pro tern,
24
Q.
That requires court approval in an
25
application process;
it is as a volunteer.
right?
- - - - - - - - - - - I N RE CJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - - - - - '
463
A.
It does.
Q.
And have you sat as a pro tern judge in the
Sacramento County Superior Court Family Law
Department?
A.
Yes.
Q.
On approximately how many occasions?
A.
Probably eight or nine times a year since
maybe 1990,
Q.
1991.
Now,
Ms.
Keeley,
you were the counsel of
10
record for Mona Lee Carlsson in Carlsson v.
11
is that correct?
Carlsson;
12
A.
Yes.
13
Q.
And you actually represented Ms. Carlsson at
14
the time that she filed her action for dissolution
15
against Mr.
16
A.
17
Q.
I would like to direct your attention to the
Carlsson?
did.
18
exhibit binder,
19
185,
and on the spine it says "McBrien Inq.
Exhibits 1-36."
20
A.
Okay.
21
Q.
And directing your attention to Exhibit 6
22
A.
23
Q.
24
25
see it.
-
this is a Memorandum to Set Family Law
Matter that was prepared by your office?

A.
Yes.
L--------------------------IN RE CJF NO. 185 .-
4/2/09----------------------~
464
Q.
Signed by you?
A.
Yes.
Q.
This indicates that the petition for
dissolution doesn't indicate
for dissolution was filed April 14,
that?
it states the petition
A.
Yes.
Q.
And between April 14,
2004.
Do you see
2004 and March 18,
2005, were you the attorney for Mona Carlsson?
10
A.
Yes.
11
Q.
Who during that period of time represented
12
13
Ulf Carlsson?
A.
I don't know that I can tell you who
14
represented him precisely during those dates.
But I
15
do remember that he was initially represented,
quite
16
briefly,
17
I believe,
18
represented by David Martin.
19
Mr. Appleblatt and Mr. Martin reversed in order.
20
was next represented,
21
Q.
by Camille Hemmer.
by Gary Appleblatt.
was prepared,
23
on the document;
25
A.
He was next
I may have
I believe,
He
by Ms. Huddle.
As of the date that this Memorandum to Set
22
24
He was next represented,
Oh,
Ms. Huddle was his counsel,
yes.
as reflected
correct?
She is.
I'm sorry,
I didn't see it
there.
------------IN RE CJF NO. 185 -
4/2/09------------~---------"
465
Q.
Directing yo
of Exhibit 6,
where it says "Petitioner's
availability/Respondent's availability,
did you and Ms.
and 3rd for trial?
agreed dates,"
Huddle agree on the dates of March 2nd
A.
We did.
Q.
And the trial estimate was two days;
A.
Yes.
Q.
And was that something that you discussed
10
11
with Ms.
A.
correct?
Huddle?
I don't specifically recollect.
It could
12
have occurred between our respective paralegals,
13
there would have been discussion about those dates and
14
the length of trial.
15
Q.
Okay.
Now,
on February 15,
16
settlement conference in the case.
17
your attention to Exhibit 8.
2006,
but
there was a
And I ' l l direct
18
A.
Yes.
19
Q.
And you prepared Exhibit 8?
20
A.
I did.
21
Q.
What was the purpose of preparing Exhibit 8?
22
A.
The local rules in this county require that
23
20 days in advance of the trial date each party
24
prepare and serve and file a Statement of Issues,
25
Contentions and Proposed Disposition along with an

'----------~----IN
RE CJF NO.
185
4/2/09---------------~
466
Income and Expense Declaration.
this.
Q.
So that's why I
filed
And this document was filed on February 2nd
of 2006.
conference?
A.
Yes.
Q.
And do you recall who the pro terns were for
Did you use th s document at the settlement
the February 15,
2006 settlement conference?
A.
I do not off the top of my head.
10
Q.
At any time between the date of the filing of
11
the Memorandum to Set and the settlement conference of
12
February 15,
13
Sharon Huddle regarding possible resolution for the
14
case?
15
A.
2006,
did you have any discussions with
I don't recall if we talked about settlement
16
in advance of the settlement conference date.
17
settle an issue relating to the
18
trial.
19
December of
it would have been 2005.
20
already set
21
trial dates with Mr. Carlsson's prior counsel.
22
were earlier,
23
communicated to us that she was not available on those
24
particular dates,
25
dates in March.
Ms.
We did
the date of the
Huddle was retained in November or

We had
don't know if we'd set or agreed upon
perhaps in January.
Ms.
They
Huddle's office
and we agreed to change it to the
~------------------------IN
RE CJF NO. 185 - 4/2/09
467
Q.
So your recollection 1S Ms.
Huddle had
requested a continuance of the trial?
2
3
A.
Of the earlier scheduled dates,
yes.
Q.
And you agreed to continue the trial date?
A.
Because she was newly retained counsel,

I
thought that was the inevitable result.
Q.
Now,
at the settlement conference,
did not settle,
the case
did it?
A.
It did not.
10
Q.
Were any of the issues that were being
contested resolved at the settlement conference?
11
12
A.
don't recall that a single issue was ever
13
resolved at the settlement conference or at any prior
14
date.
15
Q.
16
17
18
NOW,
have you ever had cases with Sharon
Huddle before?
A.
One that I
can recollect off the top of my
head.
19
Q.
Was that before the Carlsson case?
20
A.
Yes.
21
Q.
Do you recall when that was?
22
A.
We were still
family law was still
23
situated at the downtown courthouse.
24
been mid '90s or earlier.
25
Q.
Did you have,
So it must have
at least with respect to that
' - - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09-------------'
468
case,
a good working relationship with Ms.

A.
I would
Huddle?
I would say it was average.
There
wasn't anything particularly negative between us,
but
was a problem in that case.
It did involve custody,
so it necessitated a trial.
The custody cases are
very,
right and wrong answer in custody.
I don't remember anything in particular that
very difficult to settle.
Q.
Okay.
Now,
There's usually a
in your profession do you
10
consider it to be the responsibility of a lawyer to be
11
prepared to go to trial?
12
A.
Yes.
13
Q.
Were you prepared to go to trial In the
14
Carlsson
VS.
Carlsson case?
15
A.
I was.
16
Q.
would like you to take a look at
17
Exhibit 10, which is a trial brief.
18
Exhibit 10?
19
A.
Yes.
20
Q.
Did Mr.
21
trial brief?
22
A.
Not to my knowledge.
23
Q.
Prior to trial,
24
25
Carlsson,
continue the trial,

A.
Yes.
Did you prepare
to your knowledge,
though,
submit a
he did attempt to
the day before;
right?
There was an ex parte motion filed
' - - - - - - - - - - - - - - I N RE CJF NO.
185- 4 / 2 / 0 9 - - - - - - - - - - - - - 1
469
1
2
seeking a continuance.
Q.
Could you take a look at Exhibit C in the
Respondent's exhibit binder.
letterhead on it.
That's the one with the
A.
Yes.
Q.
Is this the ex parte application that was
made on behalf of Mr. Carlsson to continue the
March 2,
2006 trial date?
A.
It appears that it is.
10
Q.
Did you oppose that ex parte application?
11
A.
Yes.
12
Q.
Why?
13
A.
Because by then,
it was my experience and
14
belief that Mr.
Carlsson would not resolve any issue
15
without a trial.
16
financial resources.
17
effort by March I,
18
for trial.
19
the trial and have to repay witnesses to come on a
20
second date.
21
Q.
Ms. Carlsson had very limited

We had spent a lot of time and
the date this was filed,
preparing
She simply could not afford to continue
Now,
the ex parte application -- before the
22
ex parte application was made,
23
you to see whether you were willing to stipulate to a
24
continuance of the trial date?
25
A.
did Ms.
Huddle contact
I believe Ms. Huddle asked at the time of our
' - - - - - - - - - - - - - - - I l ' J RE C,JF NO_
.185 -
4/2/09--------------1
470
settlement conference that it be continued.
believe, had late filed her Statement of Issues, which
disqualifies her from unilaterally seeking a
continuance.
settlement conference and the date she filed the
ex parte,
Q.
She,
Whether she called me between the
I do not recall.
Now,
the ex parte application was based on a
purported complaint filed by Joseph Mayo and a motion
to join in the Carlsson case by Mr. Mayo;
10
is that
correct?
11
A.
Yes.
At that point in time,
a Motion For
12
Joinder to the family law action had been filed,
13
the hearing date was scheduled after the trial date.
14
It states that a civil lawsuit was filed.
15
have been by then,
16
until some time later.
17
18
Q.
but Ms.
but
And it may
Carlsson was not served
And that was a Complaint that was filed by
Mr. Mayo in pro per?
19
A.
Yes.
20
Q.
Do you know if he had any legal training?
21
A.
I do not know.
22
Q.
That case was subsequently dismissed,
24
A.
It was.
25
Q.
And Mrs.
23
was it
not?
Carlsson was awarded sanctions or

IN RE CJF NO . .185
412109--------------------~
471
fees?
I don't know that she was awarded sanctions
A.
think in exchange for the dismissal with
or fees.
prejudice,
she would be paid $5,000 in fees.
seeking a
9
10
joinder?
knowing that before being served with the joinder
application.
11
Did you ever discuss that joinder application
Q.
with Ms.
12
Carlsson's attorney agreed that
I don't have any independent memory of
A.
think Mr.
When did you become aware that Mr. Mayo was
Q.
Huddle?
13
A.
I don't remember.
14
Q.
Did Ms.
Huddle ever tell you that that was
15
part of the strategy or plan of the Carlsson -
16
Carlsson in this dissolution proceeding?
17
MR.
BLUM:
18
19
THE WITNESS:
Objection.
of Ulf
Hearsay.
Overruled.
At the settlement conference,
20
there would have been discussions about the four-plex
21
and Mr.
22
deeded part of that real property to Mr. Mayo and that
23
Mr.
24
BY MR.
25
Carlsson's theory that he had unilaterally
Mayo was his partner in the ownership of it.
Q.
MURPHY:
When did you first become aware that there
' - - - - - - - - - - - - - - I l V RE CJF NO.
185
4/2/09------------~
472
was this partnership claim asserted by Mr.
and Mr.
A.
Carlsson
Mayo?
Not until very late in the game.
Early on,
after the petition was filed,
after Mr. Carlsson was
initially served, Mona came to my office with some
vague details about a partner.
Mr.
preceded Ms.
deal?"
I wrote
Carlsson's -- more than one of his attorneys who

Huddle,
asking basically,
"What's the
Because I wanted to know what the assertion
10
was about this real estate.
11
we went to the settlement conference,
12
my recollection,
13
why somebody else owned an interest in this four-plex.
14
Q.
Now,
Nobody responded.
to the best of
we still didn't know the theory for
let me just reference you to Exhibit B
15
in the Respondent's exhibit binder,
16
of Motion and Declaration to Joinder -
which is a Notice
17
A.
Yes.
18
Q.
-- filed by Mr.
19
A.
Yes.
20
Q.
This was filed on February 27,
21
When
Mayo?
2006.
Do you
see that?
22
A.
Yes.
23
Q.
At any time before February 27,
2006,
while
24
you were representing Mona Carlsson as her attorney in
25
the Carlsson v.
Carlsson case,
~-----~----~-----------IN
did Mr. Mayo attempt a
RE CJF NO. 185 -
4/2/09----------------------~
473
joinder?
A.
No.
Q.
Let's go to the trial.
Could you take a look
at Exhibit 11?
A.
Yes.
Q.
And Exhibit 11 is a declaration regarding
attorney's fees and costs?
A.
Yes.
Q.
And did you prepare Exhibit 11?
10
A.
I did.
11
Q.
And when did you file that document with the
12
13
14
15
Court?
A.
Well,
it states it was filed on March 2,
2006.
Q.
So you presented to the Court at that point
16
in time the then attorney's fees incurred by your
17
client?
18
A.
19
trial brief.
20
same date in this case.
It's my custom to file that along with the

I'm not sure if they were filed on the
21
Q.
Did you also file an exhibit list?
22
A.
I typically do.
23
Q.
And did you attempt to provide notice to
24
25
Ms. Huddle of your exhibits before trial?
A.
I would have exchanged them with her
L------------------------IN RE CJF NO. 185 -
with
4/2/09--------------------~
474
----~-~-----
her at least the morning of trial.

Q.
---<
To your knowledge,
did she exchange any
exhibits with you?

don't remember.
A.
Q.
But trial lasted three
three-day period,
- well,
over a
two full days of trial; correct?
A.
That's correct.
Q.
And you were there every day for trial?
A.
Yes.
10
Q.
Did you ever have an ex parte communication
11
with Judge McBrien?
12
A.
No.
13
Q.
Now,
during the course of the trial,
did it
14
appear to you that Judge McBrien was trying to kick
15
this -- get this case completed within the time
16
estimate of two days?
17
18
19
A.
He urged both of us to basically get it in
Q.
Now,
gear.
20
Ms. Carlsson,
21
correct?
you,
on your case-in-chief,
her employer,
and your expert appraiser;
22
A.
To the best of my recollection,
23
Q.
And then after that,
24
25
put on
yes.
Mr. Carlsson put on his
case-in-chief; right?
A.
Yes.
---IN RE CJF NO.
185 - 4/2/09 - - - - - - - - - - - - - '
475
Q.
transcript,
MR. MURPHY:
you,
It's in a separate
It's a separate binder.
Thank
Your Honor.
Q.
7
8
which is Exhibit 37.
binder.
5
6
would like you to take a look at the trial
And I need to get to the page -
Page 448 of
the transcript.
A.
All right.
10
Q.
It starts off on Line 1,
11
Examination by Ms.
12
Mr.
Keeley."
"Rebuttal
And you called
Sutliffe -
13
A.
14
Q.
15
A.
He was.
16
Q.
Was this your rebuttal case at this point in
A.
To the best of my recollection,
17
Yes.
back to the stand.
Was he your appraiser?
time?
18
19
experts testify,
I believe,
20
And rather than,
as in a civil trial,
21
direct to rebuttal,
22
testify direct,
23
it.
24
of family law cases.
25
we had both
on the same afternoon.

going from
we had the real estate appraisers
cross.
I believe that's how we did
A little bit unusual from civil cases but typical
Q.
So in this particular case,
L---~--------------------IN
RE CJF NO. 185
you were calling
4/2/09--------------------~
476
Mr.
Sutliffe to rebut the testimony of Mr.

A.
I haven't read the whole transcript,
Q.
And do you recall the rebuttal was on the
basis of a mathematical error that Mr.
A.
other differences in their appraiser
well,
evidence about.
10
that I believe Ms.
Q.
Shah had made?
There was a mathematical error.
11
but
I
would assume so.
Shah?
There were
appraisals,
Huddle and I both presented
During the course of the trial,
were you able
to observe Judge McBrien's demeanor?
12
A.
Yes.
13
Q.
Did he show any anger towards Ms.
14
A.
No.
15
Q.
Was he courteous to Ms.
16
A.
Yes.
17
Q.
Was he courteous to Mr. Carlsson?
18
A.
Yes.
19
Q.
Was he courteous to your client?
20
A.
Yes.
21
Q.
Did he appear to you to be fair and open to
22
as
Huddle?
Huddle?
the issues presented to him?
23
A.
Yes.
24
Q.
How would you rate his judicial demeanor for
25
this particular trial?

~----~
-----------------IN RE CJF NO. 185
4/2/09--------------------~
477
A.
It was excellent.
He did direct us to move
things along because this case,
presented,
family law courtroom,
was moving slower than is typical in a
Okay.
Q.
transcript
A.
Q.
9
10
considering the issues
and nobody wants a mistrial.
Taking a
ook at Page 463 in the
Mm-hmm.
do you remember the occasion at the end of
the second full day of testimony where Judge McBrien

took an Emergency Protective Order telephone call?
do.
11
A.
12
Q.
And at that point in time,
13
almost over; right?
14
A.
Virtually at an end.
15
Q.
On Page 463,
16
made a comment,
17
date.
"Ms.
the record reflects that you

Keeley:
We'll arrange another
Don't panic."
18
A.
Yes.
19
Q.
Subsequent to March 9,
20
the trial day was
stipulate with Ms.
2006,
did you offer to
Huddle for more trial time?
21
A.
Yes.
22
Q.
Was your offer accepted?
23
A.
Never responded to whatsoever.
24
25
MR.
have.
MURPHY:
Thank you.
----------------IN RE CJF NO. 185
4/2/09--------------------~
478
1
2
CROSS-EXAMINATION
BY MR.
Mr.
Blum?
BLUM:
Q.
Good afternoon.
A.
Hello.
Q.
How long have you known Judge McBrien?
A.
Q.
Have you appeared in front of him many times?
A.
Many times.
10
Q.
You feel very comfortable with him?
11
A.
Well,
would guess 1990 maybe,
feel
like he is a
12
have a good working relationship,
13
judges in family law.
14
15
16
Q.
end of the
80s.
judge with whom I

like the other
Have you served on any executive committees,
Bar-type committees with the judge?

A.
The Family Law Executive Committee works with
17
all of the judges who are seated in family law,
18
Judge McBrien was in family law during at least part
19
of the five years that I
20
21
22
Q.
and
served on the committee.
SO would you have interacted with him on
frequent occasions?
A.
Not frequently.
I believe we met
23
approximately once a month with the judges for a noon
24
meeting.
25
Q.
Mr.
Murphy just asked you about your

IN RE CJF NO. 185
4/2/09----------~-~----------~
479
statement on the very last page of the transcripts
Page 463,
Line 11.
A.
Right.
Q.
This is apparently after the judge has left
the room?
A.
That's what it says.
Q.
By the way,
like this,
and leaves?
have you ever had a trial end
where the judge just says,
"Trial is over"
don't recollect that that's how it ended.
10
A.
11
Q.
This case did not end that way?
12
A.
The judge received -- I
remember that there
13
was -- I don't think the phone rang,
14
indicated -
15
pocket and held it up,
16
an EPa;
17
the bench to take the phone call.
18
19
believe he had a cell phone in his

I
believe,
and said,
"This is
I have to take this phone call," and he left
Q.
And you'll see that on Page 462,
the prior page,
Line 21,
20
A.
Yes.
21
Q.
He left.
22
A.
Not -
23
still there.
24
Q.
25
but the judge
you said,
Okay.
I believe,
getting that phone call?
Did he return?
not to my recollection,
when we were
Back to that Line 11 on the next page,
"We'll arrange another date."

RE CJF NO_ 185
Did you try
4/2/09-~------------'
480
to arrange -
2
3
well,
strike that.
Arrange another date for what?
A.
--
as testified earlier,
I very much
did not want Mrs. Carlsson to experience a mistrial.
I tried several different ways
different ways that I
after this date to do anything necessary to satisfy
her comment that she didn't get to put
evidence in.
10
11
12
Q.
think three
can document with Ms.
a~l
Huddle
of her
You knew that she had made that comment,
she hadn't put all her evidence in?

A.
That's what she was stating.
Although it
13
doesn't show it on the record here,
14
what she was stating after this record ends.
15
were several more minutes, maybe as long as 10,
16
we were in the courtroom after
17
a ft_er I made the comment,
18
going to be able to work this out."
19
20
Q.
I believe that's
- that I
we're
roughly 10 minutes after this transcript ends?
To the best of my recollection.
22
Q.
And what steps did you take,
25
that
So you were still in the courtroom for
A.
24
There
can recall,
"Now don't pan ic i
21
23
that
if any,
to
arrange another date for additional testimony?
A.
Well,
remember speaking with Ms.
I believe that same afternoon,

~-----------------------IN
Huddle
but I won't swear to
RE CJF NO. 185 - 4/2/09
481
i t -- about her submitting what we refer to as ufter
of Proof Declarations,
waive cross-examination.
her concerns were because after this date,
settled statement,
to do with the interior of the family residence,
Carlssons'
letter I
and I
told her that I
would
We must have discussed what
letter along with a prepared -- what I
sent her
refer to as a
and it addressed some issues having
family resi
said to her,
ce in Gold River.
you know,
the
And in the
"If there is an
hing
10
else that you want to put in the settled statement,
11
I'd certainly entertain any suggestion that you have
12
to modify or expand this."
13
other example.
14
proposed we do,
but I had another proposal for her
15
about how we could satisfy her complaint.
16
17
18
Q.
I believe there was one
can't remember exactly what I
Were you aware that she wanted to recall her
client to the stand?
A.
-- that's not my recollection.
19
think what she wanted -- at least what she
20
communicated to me was that she wanted some evidence
21
about the fact that the carpeting was old and that the
22
appliances in the family residence had not been
23
replaced since its purchase date.
24
other item,
25
Something to do with the house.
but I
And there was one
cannot remember what it was now.
L-------------------------TN RE CJF NO. 185
4/2/09--------------------~
482
MR.
BLUM:
Your Honor,
have a copy of a
letter here that I don't have any extra copies.
using this in cross here.
copies but,
Mr. Murphy does have a copy.
6
7
I will make additional
I wish to show it to the witness.

he's referring,
Mr.
MR. MURPHY:
I'm
Do you know to what
Murphy?
Is that a letter dated March 13,
2006?
10
MR.
BLUM:
Yes.
11
MR. MURPHY:
12
I have that,
Your Honor.
Any objection to his
13
presenting it to the witness subject to being provided
14
copies and the original to be admitted?
15
MR. MURPHY:
No,
Your Honor.
16
Okay.
When you
17
present it to the witness,
18
lengthy description for the record so we'll know what
19
it is.
20
MR.
BLUM:
please give a relatively
Thank you,
Your Honor.
21
apparently a fax document,
22
first one has a fax transmittal sheet on it.
23
of it says,
24
pages appear to be -- well,
25
page of a letter,
"Charlotte L.
It's
contains five pages.
Keeley."
The
The top
The remaining four
the next page is a first
also with the letterhead of
L . - - - - - - - - - - - - I N RE CJF NC.
185 - 4/2/09
483
'l'he
That's a two-page letter.
Charlotte Keeley.
third and fourth page are titled "Settled Statement
Submission of Case For Decision."
signature page.
It's unsigned.
That will be
collectively listed as Exhibit 42.
identification.)
BY MR.
10
11
The final page is a
Q.
42 marked for
BLUM:
Showing you what now has been collectively
marked as Exhibit 42,
take a moment to look at it.
12
A.
Yes.
13
Q.
Do you recognize these documents marked
14
I've read it.
Examiner's Exhibit 42?
15
A.
do.
16
Q.
What is it?
17
A.
It is my fax cover sheet,
18
Ms.
19
referred to a moment ago.
Huddle and the settled statement that I
20
21
MR. MURPHY:
have.
Is it okay if I ask questions from over her shoulder?

23
THE WITNESS:
25
just
This is the only copy I
22
24
a letter to
BY MR.
Q.
Certainly.
Okay.
BLUM:
Setting aside the transmittal sheet,
~-----------------------IN
RE CJF NO. 185
going to
4/2/09--------------------~
484
__._-
,-------------------------------_._--_.
1
the letter dated March 13, 2006,
the first line of the
third paragraph,
"If you seek an opportunity for Mr. Carlsson to
testify further,
a mistrial."
A.
Yes.
Q.
That's what you told Ms.
A.
That's in my letter,
Q.
Why did you think the judge wou d declare a
and I ' l l read it into the record:
I believe Judge McBrien will declare
Did you write that?
Huddle?
yes.
10
mistrial if she asked to put her client back on the
11
stand?
12
Well,
A.
I didn't know for sure if he would or
13
not,
14
trial.
15
longer than it would typically take with other family
16
law attorneys presenting evidence about these
17
particular issues,
18
times,
19
as I
20
used up our allotted court time,
21
on thin ice and the issue of a mistrial which I hoped
22
to avoid.
23
but we had provided an estimate of two days for

As I previously testified,
Q.
and Judge McBrien had,
hurried us along,
said earlier.
this trial took
several
urged us to get it ln gear,
So I worried that since we had

that we were skating
Further down that same paragraph,
"If a
24
mistrial is declared on account of Mr.
25
insistence on having an opportunity for additional
--------IN RE CJF NC. 185 -
Carlsson's
4/2/09---------------~
485
te
Judge McBrien,
judge in this matter,
substantial award of attorney's fees."
who also serves as the law-and motion

would grant Mrs.
A.
Mm-hmm.
Q.
What did you mean by that?
A.
Well,
that is,
Carlsson a very
for lack of a better term,
family law attorney hyperbole intended to induce,
not the other attorney, maybe the other attorney's
10
client,
11
agree to do what I wish to do.
12
Q.
to take this matter very seriously and -- and
The point of the letter
at least one point
13
of
14
recalling her client to the stand;
he letter was to discourage Ms.
Huddle from
is that correct?
15
A.
I don't believe so.
16
Q.
Aren't you warning them that -- warning
17
Ms. Keeley that if she recalls her client -
18
19
MR.
20
21
MR.
22
23
MR.
24
25
if
Q.
BLUM:
BLUM:
BLUM:
You state,
This is Ms.
Keeley.
Warning Ms.
Huddle.
Sorry.
I'm sorry.
Thank you.
That's my only excuse.
as we just read a moment ago,
if she seeks an opportunity for Mr.

'~-------IN
It is 4:30.
RE CJF NC.
185 -
that
Carlsson to
4/2/09-------------1
486
testify further,
you think there will be a mistrial.
So is the point of this -
letter to discourage her from recalling her client?

Not at all.
part of the point of the
The point of my letter was to
A.
try to,
in front of the Court so she would be satisfied that
this matter was concluded; and,
that.
declared a mistrial if she asked for more time,
A,
define more clearly what she wanted to get
B,
find a way to do
I have no idea if Judge McBrien would have
But I worried about that,
and I
did not want
10
not.
11
that to occur because of Mona's inability to
12
participate a second time financially.
13
Q.
or
Did you also indicate -- I'm reading from the

-
"While I
do not
14
first line of the fourth paragraph
15
believe that you may seek additional court time," just
16
using that phrase,
17
believe she may seek additional court time?

Well,
you're telling her that you don't
of course she could seek additional
18
A.
19
court time.
20
that we used our two days.
21
estimate of time allotted for trial.
But what I probably intended by that is

We had used up our joint
22
Q.
The estimate was two days?
23
A.
Yes.
24
Q.
And you had two days?
25
A.
We did.
IN RE CJF NO.
185 - 4/2/09
487
Q.
1
2
Have you ever had a trial go beyond the trial
estimate?
A.
Yes.
Q.
Isn't that fairly common?
A.
No.
Q.
No?
A.
Not common,
but sometimes
way our system works,
Thursdays and Fridays.
We have to have
Tuesday,
11
scheduled months in advance
12
if not months.
13
another trial date.

Q.
15
15,
because of the
we only schedule trials on
10
14
our Monday,
Wednesday law and-motion calendars are

well,
weeks in advance
There's little opportunity to go to
If you get to 4:30 and someone needs another
20 minutes,
is that typically given?
16
A.
Typically.
17
Q.
The fourth page of the document,
18
there's one
part that's titled "Settled Statement"?
19
A.
Yes.
20
Q.
In this you were offering to let her submit
21
something about the condition of the house?
22
A.
Yes.
23
Q.
Specifically the carpet and its age and the
24
appliances?
25
A.
Yes.
' - - - - - - - - - - - - - - - - T N RE CJF NO .185
- 4/2/09------------"'
488
1
2
Q.
That's all you were talking about letting her
introduce?
A.
I'd have to look at my letter,
but I think I
invited her to expand the settlement statement or
propose that it be expanded to address other sUbjects.
her saying -
Q.
She had a witness testifying
A.
I'm sorry.
just -
those were only the items that I recollected

or speaking to.
I proposed that we enter into a
10
settled statement regarding the issue of the condition
11
of the interior of the Gold River home,
12
both agree in the settled statement,
13
additional testimony -- I don't see it now,
14
believe that I
15
16
17
Q.
if we handle the
but I
invited her to include other things.
But you clearly weren't inviting her to
recall her client,

A.
and that we
were you?
She certainly could have.
She could have
18
sought additional time.
19
Carlsson's perspective that that might result in a
20
mistrial,
21
it in another manner.
22
about my client's financial predicament.
23
I worried from Mrs.
so I would have preferred that we conclude
MR.
BLUM:
But that was simply my worry
I have another letter here,
It's four pages.
The first page is
24
Your Honor.
25
entitled "Law Office of Sharon M.

-IN RE CJF NO. 185
Huddle."
It's also
4/2/09------~~----------~
489
------------------------~-~--~~-~
2006.
The letter itself is two pages.
dated March 13,
The third sheet is a DissoMaster data screen.
fourth page looks like just a fax transmission sheet.

I assume this,
we'll identify as Exhibit 43,
You have not gotten copies to supply?

MR. BLUM:
Correct.
Have you seen this,
Mr. Murphy?
10
MR. MURPHY:
Yes,
Your Honor.
I saw it
11
yesterday.
12
that it's shown to have been faxed from the Law
13
Offices of Sharon M. Huddle on April I,
14
15
MR.
I believe the record should also reflect
BLUM:
That's correct.
2009.
We just received
this yesterday.
16
17
(Examiner's Exhibit 43 marked for
18
identification.)
19
BY MR.
20
21
Okay.
BLUM:
Q.
Ms.
Huddle actually did send you some type of
offer to try to settle this case?
22
A.
May I look at this?
23
Q.
Sure.
24
25
which
is like the last one?
The
A.
I remember seeing a settlement 1

IN RE CJF NO. 185
4/2/09---~~~-------------~
490
her in my correspondence file when I prepared a
responsive declaration for Mrs. Carlsson about a month
ago.
I received two post-trial settlement proposals from
Ms.
I thought it was on a different date,
Huddle all together.

But the exhibit -- that's 43?
Q.
BY MR.
10
yes.
before you,
do you recognize this
document?
11
A.
Do I
13
Q.
Yes.
14
A.
No,
12
43,
BLUM:
Q.
so perhaps
recognize it as in
remember getting
it?
I don't.
But I can see that it was
15
written by Ms.
Huddle,
16
sent to my fax number.
and
recognize that it was
17
Q.
That's addressed to you?
18
A.
It is.
19
Q.
Is that the correct address at the time?
20
A.
Yes.
But I
know I
-- it must have been
21
received,
according to the fax history report.
22
mentioned,
I do remember a settlement letter.
23
thought it was later in time.
24
getting it this early from her.
25
in my memory here.
~IN
RE CJF NO .
As I
I
just
I didn't remember
.185 -
That's my only blank
4/2/09-------
491
1
2
3
Okay.
Q.
offer?
A.
She did not.
MR.
again,
Mr.
BLUM:
Murphy,
I have one more,
MR. MURPHY:
Yes,
Your Honor.
MR. MURPHY:
along,
Your Honor.
(Laughter.)
13
44 marked for
identification.)
15
MR.
BLUM:
It's a three page document,
16
has a fax transmittal memo.
17
Keeley," dated March 15,
18
two-page letter,
19
March 15,
20
Even though he
I'm trying to speed things
12
14
And
hasn't described it yet.
10
11
Exhibit 44.
have you seen this?
Your Honor.
Q.
21
and it
It says "Charlotte L'
2006.
again from Ms.
And then attached is a

Keeley,
same date,
2006.
Do you remember that document?
22
A.
Yes.
23
Q.
Did you draft the document?
24
A.
Yes.
25
Q.
Is this letter,
do you inform Ms.
IN RE CJF NO. 185 -
Huddle that
4/2/09--------------------~
492
your client is refusing to accept Ms.
to settle the case?
A.
Huddle's offer
It states that "Mona Carlsson does not agree
to Mr. Carlsson settlement proposal," with that
grammatical error.
Q.
In your opinion,
was Ms.
Huddle a bit slow in
presenting her case?
A.
Yes.
Q.
And would you say Judge McBrien was ever
10
11
impatient with her?
A.
Not impatient in a critical way,
but he
12
certainly communicated to us that he wanted us to
13
speed things up.
Both of us.
14
MR. BLUM:
15
16
(Sotto voce discussion between Mr.
17
Ms. Marchant.)
18
BY MR. BLUM:
19
Q.
Can I have one moment,

Yes.
Commission on Judicial Performance,
21
September of '06?
A.
Blum and
Did you speak to a Charleen Drummer,
20
22
Your Honor?
from the
in approximately
I believe I have spoken with someone from
23
your office three or four times.
24
with you;
25
different women.
I remember speaking,
~------------------------IN
RE CJF NO. 185
I remember speaking
I believe,
with two
4/2/09
493
Q.
Do you remember stating to one of those women
that "Judge McBrien was at times short with Huddle but
not without good cause"?

MR. MURPHY:
Objection.
Is that purportedly
a verbatim quote?
asking the witness if s
recalls having said that.
You may answer,
THE WITNESS:
10
saying those words.
11
BY MR.
12
Q.
I believe he's
if you know.
I don't recall specifically
BLUM:
Do you recall saying that "Judge McBrien is
not unseemly rude but is impatient with Huddle"?
13
14
A.
Well,
don't know about "with Huddle."
15
jus
16
not in a negative way,
17
"Let's get going;
18
times during the course of the trial.
19
20
stated that Judge McBrien was somewhat impatient,
Q.
with both of us,
telling us,
let's get this in gear" on several
The Appellate Court reversed Judge McBrien's
decision in this case; correct?
21
A.
It did.
22
Q.
Did that cause expense,
distress to your
23
client?
24
MR. MURPHY:
relevance.
25
Objection,
L - - - - - - - - - - - - - I N RE CJF NO.
Wha
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - '
494
relevance,
2
3
Mr.
MR.
Blum?
BLUM:
The impacts of judicial misconduct
on the parties is a relevant factor.

Well,
you're
assuming that the error set forth by the Court of
Appeal is misconduct.
fact that's not in evidence at this point.

MR.
BLUM:
So that's asking me to assume a
I couldn't quite hear what you
said.
10
I'm sorry.
should
11
speak up.
12
of the Court of Appeal found that the reversal was a
13
result of misconduct.
14
something which is not before us.
Your statement is assuming that the opinion
MR.
15
BLUM:
And that's asking me to assume
Well,
I was trying to just ask if
16
the fact of the reversal caused her client stress
17
and/or financial expense.

18
19
question is why is that relevant?
20
Mr. Murphy's made an objection.
21
is going to cause stress.
22
going to happen.
23
issue.
24
25
MR.
understand it.
My
Because
Obviously a reversal
There's no question that's
I don't think that's a disputed
BLUM:
It's probably patently obvious,
Your Honor.
~--~-~-----------------IN
RE CJF NO. 185
4/2/09
495
MR.
BLUM:
No further
I will withdraw it.
questions.
MR. MURPHY:
Yes.
Mr.
Murphy?
Hopefully just one.

You've said that a
number of times.
(Laughter.)
Not ever have you ever limited yourself to
10
one.
MR.
11
MURPHY:
I've always prefaced it,
12
Your Honor,
13
promise seven minutes one time and delivered in five.
with "hopefully."
14
15
sir.
16
17
BY MR. MURPHY:
18
Let me see -- I did
Q.
Ms.
Keeley,
You are correct,
between March 9,
2006,
when the
19
trial stopped,
20
argument in writing,
21
Huddle that Mr.
22
Declarations to the Court and that you would waive any
23
right to cross-examine on those issues?
24
25
A.
and when you submitted your closing

did you orally propose to Sharon
Carlsson submit an Offer of Proof
Yes.
MR. MURPHY:
Nothing further.
- - - - - I N RE CJF NO.
185
Thank you.
4/2/09-----~--------~----'
496
MR.
31
BLUM:
Blum?
No questions.
We're going to ask
you some questions.

THE WITNESS:
All right.
EXAMINATION
BY SPECIAL MASTER CORNELL:

Q.
Mr.
First off,
it appears that at the conclusion
of the testimony on the afternoon of March 9,
10
suggested that,
11
Don't panic."
quote,
that you
"We'll arrange another date.
Do you remember that?
12
A.
Yes.
13
Q.
Then the letter that you wrote to Ms.
Unfortunately,
do.
Huddle
14
with the settled statement would seem to indicate you
15
were going away from trying to seek additional time
16
for testimony.
17
part?
18
A.
Is that a correct assumption on my
tried,
to my - in preparing this
J9
responsive declaration about a month ago,
20
these efforts because Mr.
21
attorney's fees,
22
on that issue.
23
proof and to waive cross examination.
24
settlement statement.
25
Ms.
Huddle's -
reviewed
Carlsson was requesting
and those efforts would be relevant

I
know that I
And I
offered the offer of

I
offered the
remember discovering in
I think her post-trial brief she
-~~--
IN RE CJF NO. 185
412109----------~~~-------~
497
ackn
2
something,
was now.
Q.
and I
just can't quite remember what that
What I'm interested in is that at some point
in the several days
6
testimony,
llowing the conclusion of the
you came to the conclusion,
7
representing in your letter,
at least
that seeking additional
time for testimony would not be productive.
correct assumption on my part?
10
A.
Is that a
It's not that I concluded it wouldn't be
11
productive as much as I didn't want to run the risk
12
for Mrs. Carlsson that a mistrial would be declared.
13
I preferred to try to address it in other ways that I
14
thought might satisfy Mr. Carlsson but be more
15
expedient than trying to persuade our system to give
16
me more time than the estimated t
17
18
Q.
for trial.
Had you ever had a mistrial declared in one
of your cases?
19
A.
Yes.
20
Q.
By Judge McBrien?
21
A.
I don't recall that Judge McBrien ever did.
22
Q.
Was it done for the reason that the t
23
had
exceeded the time estimate?
24
A.
25
it was.
The one that I
can think of most immediately,
' - - - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09--------------------~
498
Q.
At the beginning of the trial,
it appears
that the position of your client was that she wished
to have the family residence sold and the four-plex
awarded to Mr.
This is what we gleaned from the documents and the
transcript.
A.
Well,
Carlsson.
Is that a correct statement?
-- we went back and forth on those
conclusions so many times that I
we were by the time trial started.
can't remember where

At one point we
10
hoped to award both properties to Mr.
11
we anticipated it would be difficult to get them sold
12
with him jointly.
13
relationship with his daughter was deteriorating
14
significantly at or about this time.
15
concerned that having the home,
16
attached to,
17
him deteriorate further and that the teenage
18
daughter -- the pre-adolescent daughter would suffer
19
from that.
20
Mr.
21
where-
22
23
24
25
Johnson,
Q.
At other times,
Mr.
Carlsson because
Carlsson -
his
We were
that he was very
sold out from underneath him would make
And ultimately we worked out a deal with

who represented him after Ms.
Huddle,
You don't have to go into what happened
eventually.
But once again,
it leads to another question.
From what you're describing,

L----------~--------------IN
the position that you
RE CJF NO. 185 - 4/2/09
499
wanted the residence sold seems to be contrary to what
you've just described to me.
statement?
Would that be a fair
A.
I'm sorry,
again?
Q.
You just described a situation of why you
would not want the family residence sold; but the
position you'd taken in trial,
representing them accurately,
family residence sold.

A.
10
Well,
Mona -- Ms.
positions at different times.
12
remember when we would
13
those issues.
Q.
Okay.
is that you wanted the
Carlsson took different
11
14
assuming that I'm
just simply can't
we changed directions on
Assuming that you wanted the residence
15
sold,
is there any reason why you wanted to have the
16
four-plex awarded to Mr.
Carlsson?
17
A.
Well,
I can speculate why.
18
Q.
Give me one of the speculations as an
19
experienced family law attorney because I'm having
20
trouble in my own mind understanding why you'd want to
21
take that position.
22
23
A.
Why I would want to take the position the
four-plex should be awarded to him?
24
Q.
Yes,
25
A.
Well,
as opposed to being sold.

because by then,
~------------------------IN
RE CJF NO. 185 -
I had
412109----------------------~
500
joinder application from Mr. Mayo.
reference in the ex parte motion to the civil
litigation.
to the Court.
And I -- marriage
And there was a
I won't preach law
But because there was a unilateral conveyance
5
6
from one spouse to the other,
Mona Carlsson caught up in the civil litigation with
Joe Mayo.
sole problem in the separate civil litigation,
10
I didn't want to get
I wanted that problem to be Mr.
Carlsson's
not
part of the family law case.

Q.
11
So you're presuming the Court would not
12
assign a contingent liability equally to both parties
13
as is frequently the case when there is a specious
14
claim by a third party?
15
A.
didn't believe that it would because
16
Mr.
Carlsson had unilaterally signed a document
17
conveying an interest
18
interest to Mr. Mayo.
19
into any of those written conveyances,
20
the law supported
21
not unilaterally convey real property.
purported to convey an
Mrs. Carlsson had not entered
the law states that a spouse may
22
Q.
Was that a recorded document?
23
A.
Well,
24
25
and I believe
I believe so.
But -- but I don't have
my files with me to look.

L------------------------IN RE CJF NO. 185
Okay.
Any more
4/2/09--------------------~
501
questions?
EXAMINATION
BY SPECIAL MASTER ANDLER:
Yes.
Q.
You said that you were reluctant to agree to
a continuance of the trial date because of the cost to
your client,
attention on or before the date of the settlement
conference; correct?
10
11
12
A.
even though it had been brought to your
As best I
can recall,
settlement conference,
Q.
Ms.
Huddle,
at the
wanted to continue the trial.
Is it true that at t
time in Sacramento
13
County family law departments,
14
stipulated to a continuance or a request for an
15
extension of time or to go beyond the time estimate,
16
the courts would pretty much go along with it?
if the
rties
17
A.
Yes.
18
Q.
So did you consider agreeing to either an
19
extension of time
20
the best way to call it,
21
date conditioned on payment of some attorney's fees to
22
your client so it would not cause Mrs.
23
additional attorney's fees for something that was done
24
at the request of Mr.?
25
A.
Well,
or expansion of t
guess is
or a continuance of the trial
can't specifically r
~------------------------lN
RE CJF NO. 185
to have to pay
r.
But I
4/2/09--------------------~
502
believe that at that point in time,
tenor of this particular case,
would never be able to help Mrs.
issue with Mr.
case to resolve it.

Q.
because of the
had concluded that I

Carlsson settle any
Carlsson and that we had to try the
You said two things I don't understand,
I'm going to go back to it because I might have
misheard you.
that the civil case was subsequently dismissed,
One of the things I
think you said was
10
an agreement for a dismissal with prejudice,
11
Mr.
12
agreed to pay Mrs.
A.
represented Ms.
15
he told me happened.
16
Q.
A.
Mr.
20
Mayo.
Q.
Mr.
Carlsson,
But Mr.
civil action;
18
21
$5,000 in attorney's fees.
I did not participate.
14
19
and Mrs.
were co defendants in that
is that correct?
apologize.
I
and I believe that is what
I meant Mr.
Mayo.
I meant
apologize.
Because I
think I
heard you say at that time
Carlsson agreed to pay her fees.

A.
I misspoke.
23
Q.
Thank you for clearing that up.
25
Did
A colleague of mine
22
24
and in
hear you correctly?
13
17
so
It was Mr. Mayo.
And then the one final thing is that you said

that since Ms.
Huddle late filed her Statement of

RE CJF NO. 185
4/2/09----------------------~
503
that unilaterally
Issues,
she was unilaterally
disqualified her from -- let me try that again.
Strike that.
You said that since Ms.
Hudd e late filed her
Statement of Issues,
from unilaterally seeking a continuance.
please explain?
A.
she was therefore disqualified
Under our local rules,
earlier, we have to,
commented
lieve it is 20 days in
10
advance of the date of trial,
11
Issues,
12
part.y files it timely and,
13
conference,
14
as I
Could you
file the Statement of
Contentions and Proposed Disposition.

at the settlement
they don't want to go to trial,
rail the tria
date.
they can
If both parties timely file,
15
no one has a leg up on the other party.
16
parties don't timely file,
17
issue.
18
filed on the date of the settlement conference.
19
not positive on that,
20
21
22
Did that preclude her,
24
motion to continue?
No,
I believe,
I'm
that would not have happened.
from bringing her own motion,
A.
Huddle,
she wanted to continue it.
23
25
Ms.
but it was very late filed.
So despite that,
Q.
If both
no one has a leg up on that
I had timely filed.
Without my consent,
If one
it did not.
under local rules,
formally bringing a
It was just at the
L-------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
504
settlement conference,
"Gee,
don't want to go to trial."
it precluded her from saying,
no one filed a Statement of Issues timely;
So it precluded her from saying to the
Q.
pro tern that she wanted a continuance of the
settlement conference which would,
the trial?
A.
A continuance,
actually,
11
taken off the active calendar?
12
THE WITNESS:
therefore,
derail
of the trial.
Okay.
10
Thank you.
Is it continued or
I guess technically,
13
vacated.
14
EXAMINATION
15
BY SPECIAL MASTER DE BELLEFEUILLE:
it's
What do your local rules state regarding
Q.
17
mistrials where a lawyer underestimates the amount of
18
time that they reserve for trial?

don't know exactly.
19
A.
But
20
Q.
Is there something written?
21
A.
believe there is a local rule.
don't
22
know if i t ' s in Chapter 14, which is our family law
23
rules.
24
are called,
25
time.
But it's my understanding that when the cases

we all stand up and give an estimate of
And i t ' s my understanding that the local rules
~------------------------IN
RE CJF NO. 185
4/2/09
505
state that if we fail to conform to our est
tes
2
time and cannot conclude the case within that time
3
period,
that the case is subject to an order for
4
mistrial.
re is a written rule?
Q.
A.
I won't swear to it.
Q.
Well,
We have
you're under oath now.
(Laughter.)
So at the time
10
A.
I do not know the local rule.
11
Q.
You
assume in your practice that the
1 L~
lawyers have to agree to a continuance if the matter
13
is set for master calendar or it can't be done?
14
need some clarity on that.
15
A.
Okay.
16
Q.
You ta ked about Ms.
Huddle losing the leg up
17
at the settlement conference stage because she late
18
filed her statement.
19
A.
Mm-hmm.
20
Q.
Therefore,
her request for a continuance of
21
the trial at that point would be summarily denied.
22
I'm summarizing;
23
Correct me if I'm wrong.
24
25
I may be not be doing it correctly.
Do your local rules require the lawyers to

meet and confer and agree to,
number one,
L-------------------------IN RE CJF NO. 185 - 4/2/09
request more
---------------------~
506
time than the original estimate in the at-issue
memorandum and/or,
date?
number two,
continue the trial
Is that too complicated?
A.
I'm not sure I understand your question.
Q.
Is there a rule that the lawyers need to
stipulate to expand the amount of time requested for
trial?
it with the Court.
between the settlement conference and the trial date,
You have your at-issue memorandum;
you filed
The settlement conference -- or
10
you realize you're going to need more time.
11
lawyers need to agree and present a united front to
12
the judge,
13
half-day more"?
the trial judge,
"Your Honor,
Do the
we need a
Does it have to be both lawyers
agree?
No,
not
15
A.
No.
16
Q.
One of the lawyers comes in and says,
17
more time," the judge will e
18
A.
"I need
and the time?
Not once we've started the trial.
Now,
if
19
there's an estimate in excess of two days before the
20
trial starts,
21
more than two days,
22
is right now; but back when we would have been doing
23
the Carlsson trial,
24
Now,
25
if when we file our memo to set,
it is
then -- I don't know what the rule
the rule was we got sent downtown.
we wanted to avoid being sent downtown

Q.
You and Mrs.
~------------------------IN
Carlsson?
RE CJF NO. 185 -
4/2/09----------------------~
507
No.
Me and every other family law

Because if you
practitioner in Sacramento County.
don't
majority of the time;
actually get out.
three or four-day estimate, we've -- our trials don't
get out.
frequently have to get ready again and pay witnesses
in our family law system,
our trials,
I mean like 90% of the time,
But if we're sent downtown with a
And the consequence of that is you
10
again and that type of thing.
11
I've often thought i t ' s ironic because if you
12
$25,000 PI,
13
have a $4 million marital estate,
14
days.
So in our system
you can have a 30 day trial;
15
Q.
Or you have a mistrial?
16
A.
Not every time.
17
to make it.
18
is the consensus,
19
family law attorneys.
20
21
Q.
A.
but if you
you try it in two
But in our system,
we have
We have to get it done in two days.

I believe,
That
of most Sacramento County
And there mayor may not be a written rule on
I think that there
1S
a local rule that says
we have to conform to the estimated time for trial.
24
25
ve a
this mistrial issue?
22
23
the
Okay.
Thank
you.
L-------------------------IN RE CJF NO. 185 -
412109----------------------~
508
A couple of things.
2
FURTHER EXAMINATION
3
4
BY SPECIAL MASTER CORNELL:
It sounds to me like,
Q.
as a result of the way
the system is set up,
to try to make sure you get your trial done in two
days to avoid being sent downtown?
A.
That's true.
Q.
NOw,
that there is a constant squeeze
when you show up on the master calendar,
10
does the trial judge -
11
out for trial ask you to confirm your estimate?
12
They ask when they call all of the cases on
A.
13
Thursday,
14
estimate of time.
15
16
Q.
the judge who is assigning it
the first
of our two trial days,
What if one of the lawyers'
for an
estimate
1S
more
than two days?
17
A.
Then we run the risk of being sent downtown.
18
Q.
So if the lawyer wanted a continuance,
all
19
they have to do is estimate more than two days at the
20
trial call?
21
A.
No.
We could be sent downtown right then and
22
there.
I mean,
if I were the attorney,
23
on getting a continuance by saying,
24
to take four days."
25
proposition.
~-----------------------IN
"Oh,
I wouldn't bet
this is going
That would be a risky
RE CJF NO. 185
4/2/09--------------------~
509
Q.
But then you go downtown,
and the judge there
wou d determine whether you get out or not?

A.
And,
Yes.
of course,
courts will be used up with cr
won t
thing.
get out,
Q.
odds are that the

inal cases and you
but i t ' s -- i t ' s not a guaranteed
So a sharp practice of a family law
practitioner who would want to avoid going to trial
wou d merely,
10
state a
higher number for the estimate?

A.
11
12
at that master calendar call,
a r
Well,
they could.
But I think that would be
sky tactic.
13
14
Go ahead.
Is a way to avoid
15
going downtown if counsel agree and stipulate to
16
bas cally do things in phases?
17
going to have a two day trial on the disposition of
18
these assets with the understanding that the next
19
two day trial at some point,
20
law panel,
21
do it like that?
22
23
24
25
"We're
staying within the family
will be of another discrete issue and just
THE WITNESS:
case,
So you say,
Exactly.
For example,
in this
custody issues were not part of the trial.

So you could have a
family that has a more complicated estate or sensitive

L------------------------IN RE CJF NO. 185
4/2/09--------------------~
510
issues of custody and support,
and you could avoid
being sent downtown behind those 30-day PI cases just
by agreeing to break your case up into phases?
THE WITNESS:
We
- we do that frequently.
You do it by way of
a formal bifurcation,
appealable at the conclusion of each hearing?

THE WITNESS:
9
10
and order.
that.
And I
We usually do it by stipulation
hope that an appeal would apply from
I don't know;
I've not thought of that.
11
12
so you would get an order that's
panel,
you get what you pay for.
13
(Laughter.)
14
15
As a member of this
Thank you for
answering my question.
THE WITNESS:
16
May I
this justice is
17
summarizing my testimony.
You stated that if both
18
counsel had not filed that Statement of Issues on
19
time,
20
ignored or not acknowledged.
21
convey.
22
because you didn't file your Statement of Issues," all
23
take place in the settlement conference department
24
with the judges pro tern.
25
reason beyond just not being timely on those
their request for continuance would be summarily
Those requests,
L------------~-----------IN
That,
I did not mean to
"I don't want to go to trial
Now,
RE CJF NO. 185
sometimes there is some
4/2/09---------------------~
511
statements that a case needs to be continued,
will all go over to the Presiding Judge,
judge,
that:
always summarily denied.
my intention.
and discuss that.
So I
supervising
didn't mean to imply
that if you're late on your pretrial,
it's
That was not my point -- or
and we
But from the
settlement judge,
calendar Presiding Judge to discuss the continuance
10
you would be sent to the master
problem?
11
THE WITNESS:
12
13
14
Mr.
Okay.
Anything further,
Murphy?
15
MR.
MURPHY:
16
FUR'J~HER
17
BY MR. MURPHY:
18
Yes.
Q.
Yes,
Your Honor.
Just briefly.
REDIRECT EXAMINATION
Was there a lis pen
ns filed against the
19
24th Street property by Mr. Mayo in connection with
20
his lawsuit?
21
A.
I believe there was.
22
Q.
And if that property had been sold,
23
pendens would tie up the proceeds;
24
A.
Yes.
25
Q.
Was the reason
~-----------------------IN
the lis
right?
one of the reasons why you
RE CJF NO. 185 -
4/2/09--------------------~
512
were wishing for Mr. Carlsson to take the 24th Street
was to avoid that?
A.
Yes.
MR. MURPHY:
That's all I have.
Thank you.
Was the lis pendens
recorded?
THE WITNESS:
Dennis Wilson,
matter,
To the best I can recall,
who represented Mrs.
Carlsson in that
who's much more conversant with civil
10
litigation,
told me that the recorded lis pendens was
11
a serious misstep and was the basis for the settlement
12
regarding attorney's fees.
13
the only reason I think that it was recorded.
Other than that,
14
15
MR.
16
17
Mr.
that's
Blum?
No questions.
BLUM:
May this witness be
excused?
MR. MURPHY:
18
aJ
Thank you,
Yes,
Ms.
Your Honor.
Keeley.
20
21
And does that bring usto a conclusion for
22
23
You're excused.
today?
MR. MURPHY:
24
short witnesses I
25
hopefully,
No,
Your Honor.
was hoping to get to.
I have two very

I
think,
they are outside.
C-------~-------lN
RE CJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - - J
513
Ms.
Marchant make copies of these exhibits?
Excellent idea.
MR.
this seat,
We'll call Jerry Guthrie.
MURPHY:
sir.
Raise your right hand.
---000--
9
10
JERRY GUTHRIE
11

sir.
Please have a seat,
14
15
---000--
12
13
Please come up to
THE WITNESS:
My name is Jerry Guthrie,
G-u-t-h-r-i-e.
16
17
Mr. Murphy,
18
DIRECT EXAMINATION
19
BY MR. MURPHY:
20
Q.
Thank you.
you may examine.
Good afternoon,
Mr.
Guthrie.
We've never
21
met.
22
Judge McBrien in this particular matter.
23
What's your profession?
My name
lS
Jim Murphy.
represent
24
A.
I'm an attorney.
25
Q.
How long have you been an attorney?
L - - - - - - - - - - - - - - - I N RE eJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - l
514
A.
A long time.
Q.
Okay.
A.
Since 1960.
Q.
And does your practice presently focus on any
particular area of the law?
A.
Currently family law.
Q.
And how long has your practice focused on
family law?
A.
Primarily on family law,
10
Q.
And are you a certified family law specialist
probably 25 years.
11
certified by the Board of Legal Specialization and the
12
State Bar of California?
13
A.
I am not.
14
Q.
But your practice does focus on family law?
15
A.
Yes.
16
Q.
17
Association?
18
A.
Yes.
19
Q.
Are you a member of the family law section of
20
the Sacramento Bar Association?
21
A.
am not.
22
Q.
Have you practiced before Judge Peter McBrien
23
before?
24
A.
I have.
25
Q.
And over what period of time
-----------~-----------IN
RE CJF NO. 185 -
4/2/09----------------~~--~
515
A.
Well,
when he first arrived in the family law
department.
Q.
Are you practicing in front of him at the
present time?
A.
Yes.
Q.
Do you find him courteous to litigants?
A.
I do.
Q.
Do you find him courteous to attorneys?
A.
Yes.
10
Q.
Do you find him patient?
11
A.
12
Q.
Do you find him judicially dignified?
13
A.
14
Q.
How would you rate Judge McBrien's demeanor
15
as a
16
17
judge,
A.
do.
do.
if you could?
It's what I would expect of a judge,
as demeanor is concerned.
18
Q.
In your experience,
19
A.
There were times when I
has he been fair?

thought he maybe
20
ruled against me when he shouldn't have.
21
as being fair,
22
23
as far
Q.
yes,
But as far
he has been fair.
Has your experience been that he's been
impartial?
24
A.
That is true.
25
Q.
Now,
Jud
McBrien is being charged In this
L-------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
516
case in connection with a matter called Carlsson v.
Carlsson.
You weren't involved in the Carlsson case?
A.
No,
Q.
Do you know Sharon Huddle?
A.
Q.
Have you ever had a case against Ms.
A.
I've had one case.
Q.
When was that?
A.
I think it was about three to four years ago.
10
Q.
Did that case go to trial?
11
A.
Not with her.
12
Q.
Was she replaced by another counsel?
13
A.
She was.
know her to say hello to.
MR. MURPHY:
14
15
I was not.
have,
Mr.
Guthrie.

Thank you.
16
17
MR. BLUM:
18
19
Mr.
Blum?
No questions.
May this witness be
excused?
20
MR. MURPHY:
21
22
Huddle?
Yes,
Your Honor.
Thank you,
sir.
You're excused.
23
THE WITNESS:
Thank you.
24
MR. MURPHY:
25
Call Russell Carlsson.
' - - - - - - - - - - - - - - I N RE CJF NO.
Over here,
185 - 4/2/09 - - - -
----~-----'
517
Mr.
Please raise your right hand.
Carlsson.
---000--
RUSSELL CARLSON
---000--
6
7
THE WITNESS:
C-a r
am Russell William Carlsson,
I-s-o-n.

You may examine, Mr. Mu
MR. MURPHY:
12
13
DIRECT EXAMINATION
14
BY MR. MURPHY:
15
Please have a seat.
Q.
Mr. Carlson,
Thank you,
16
this particular matter,
17
you a little late.
Thank you.
y.
Your Honor.
represent Judge McBrien in

and I apologize that we called
18
A.
Not at all.
19
Q.
What's your profession?
20
A.
I'm an attorney.
21
Q.
How long have you been an attorney?
22
A.
13
23
Q.
What area of the law do you practice in?
24
A.
Probably 80 percent family law.
25
Q.
And are you a member of Sacramento County Bar
ars last week.
L------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
518
Association?
A.
Q.
Are you a member of the family law section?
A.
Q.
Have you held any positions with that
6
7
am.
am.
particular section?
A.
With the section itself,
no,
other than I
pro tern for settlement conferences for family law.
Q.
How long have you been doing that?
10
A.
Probably four years.
11
Q.
And in connection with being appointed a
12
pro tern judge,
do you do that on a voluntary basis?
do.
13
A.
14
Q.
And it requires an application to the Court?
15
A.
An application and certain training.
16
Q.
Okay.
Have you practiced -
are you a
17
certified family law specialist with the Board of
18
Legal Specialization of the State Bar of California?
19
That's a mouthful.
am not.
20
A.
21
Q.
Okay.
22
Have you practiced in family law
before Judge McBrien?
23
A.
Yes.
24
Q.
Have you tried cases in front of
25
Judge McBrien?
RE CJF NO. 185
4/2/09
519
A.
Yes.
Q.
Had law-and-motion matters in front of
Judge McBrien?
A.
Yes.
Q.
Have you been able to observe Judge McBrien's
demeanor in connection with these matters that you
have had before him?
A.
Yes,
Q.
Would you characterize Judge McBrien as
10
sir.
courteous to litigants?
11
A.
Yes.
12
Q.
Courteous to counsel?
13
A.
Yes.
14
Q.
Was he patient?
15
A.
Yes.
16
Q.
Dignified?
17
A.
Yes.
18
Q.
Is he fair?
19
A.
Do I always Ii
20
I would say yes,

Q.
22
his decisions?
No.
Fair?
absolutely.
Judge McBrien,
on occasion,
has ruled against
the position you have advanced on behalf of clients?
23
A.
He has indeed.
24
Q.
Do you feel he's a good umpire calling bal s
25
and strikes up there?

IN RE CJF NO. 185
4/2/09
520
A.
Yes,
Q.
Do you,
I do.
in your estimation,
believe that he
is an asset to the family law bench?
A.
Absolutely.
Q.
Could you give us an example?
A.
Well,
practicing-
when I
He was the judge downtown;
just example by history.

I
I've been
carne to law as a second career.
started in family law,
So
family law was downtown.
and when he carne out here,
He's been the mainstay
10
he's still the judge.
11
throughout my career in family law.
12
questions regarding cases where he's not the judge
13
we're assigned by case number,
14
So if I
15
judge my role,
this is who I will go to,
16
Judge McBrien,
to ask those questions.
17
pro temming,
18
bring litigants or attorneys down,
19
I ' l l bring them to.
21
have.
assigned to a judge.
have cases where I have questions on how to
this is the judge
Thank you.
22
23
THE WITNESS:
24
25
When I'm
if I have particular problems or need to
MR. MURPHY:
20
If I have
Oh.
Wait.
There's more?
Is it that easy in
family law?
-----------------------IN RE CJF NO. 185 -
4/2/09----------------------~
521
(L
2
Mr.
Blum?
MR.
BLUM:
No questions.
May this witness be
excused?
MR.
MURPHY:
think these character
witnesses are never cross-examined by Mr.
was somewhat presumptuous,
correct.
11
So he
but he proved himself to be
10
Blum.
Mr.
Blum, may this
witness be excused?
12
MR.
13
14
day,
Mr.
BLUM:
Yes,
Your Honor.
Murphy?
15
MR.
16
17
Is that it for the
MURPHY:
That's it,
Your Honor.
Okay.
We'll be in
recess until 9:00 tomorrow morning.

MR.
18
19
think,
MURPHY:
Thank you.
And we are on time,
to finish by noon.
20
21
(Time noted:
Thank you.
5:13 p.m.)
22
23
24
25
' - - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09------------~
522
STATE OF CALIFORNIA
ss.
2
3
4
5
6
hereby certify that the foregoing
proceedings in the within entitled cause occurred at
the time and place herein named;
that the
transcription is a true record of the proceedings as
reported by me,
and a disinterested person,
10
a duly certified shorthand reporter
and was thereafter
transcribed into typewriting by computer.
11
further certify that I
am not interested in
12
the outcome of the said action,
13
nor related to any of the parties in said action,
14
to their respective counsel.

IN WITNESS WHEREOF,
15
16
17
18
hand
~_~~L:L~~_~'
nor connected with,

nor
have hereunto set my
2009.
-~-~
19
SANDRA LEHANE,
20
STATE OF CALIFORNIA
C.S.R.
7372
21
22
23
24
25
~~--------------------IN
RE CJF NO. 185
4/2/09 - _.. ----------------'
523
INDEX
1
2
PAGE
WITNESSES:
3
4
SHARON HUDDLE
DIRECT EXAMINATION
(BY MR.
BLUM)
CROSS EXAMINATION
REDIRECT EXAMINATION
(BY MR.
RE-CROSS EXAMINATION
(BY MR. MURPHY)
(BY MR. MURPHY)

BLUM)
255
280
361,
369
367,
370
10
ROBBI JOY
11
DIRECT EXAMINATION
12
CROSS EXAMINATION
13
14
RE-CROSS EXAMINATION
(BY MR.
BLUM)
(BY MR. MURPHY)

(BY MR.
BLUM)
(BY MR. MURPHY)
377
392
424
427
15
16
17
JAMES MIZE
DIRECT EXAMINATION
(BY MR. MURPHY)
432
(BY MR. MURPHY)
450
(BY MR. MURPHY)
454
18
19
20
THOMAS CECIL
DIRECT EXAMINATION
21
22
23
ROBERT HIGHT
DIRECT EXAMINATION
24
25
(continued)
IN RE CJF NO. 185
4/2/09
524
WITNESSES
(CONTINUED):
CHARLOTTE KEELEY
DIRECT EXAMINATION
(BY f'liR. MURPHY)
CROSS-EXAMINATION
RE DIRECT EXAMINATION
EXAMINATION BY SPECIAL MASTER CORNELL
497,
EXAMINATION BY SPECIAL MASTER ANDLER
502
EXAMINATION BY SPECIAL MASTER DE BELLEFEUILLE
(BY MR.
BLUM)
(BY MR. MURPHY)
460
479
496
509
505
10
11
JERRY GUTHRIE
12
DIRECT EXAMINATION
(BY MR. MURPHY)
514
(BY MR. MURPHY)
518
13
14
RUSSELL CARLSON
DIRECT EXAMINATION
15
16
17
18
19
20
21
22
23
24
25
' - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09-----------.J
525

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1

COMMISSION ON JUDICIAL PERFORMANCE

JUDGE PETER J. McBRIEN

CJP NO. 185

---- -- - ----- -- --I

HEARING BEFORE SPECIAL MASTERS

REGISTERED PROFESSIONAL REPORTER

CERTIFIED SHORTHAND REPORTER NO. 7372

155 Orr Road

Alameda, California 94502

Honorable Gail A. Andler

Honorable Denise de Bellefeuille

Superior Court of Santa Barbara County

Andrew Blum, Esq.

SPECIAL MASTER CORNELL:

are on record in the matter of Judge Peter McBrien in

the presence of Judge McBrien and counsel.

she was on the witness stand.

Would you please resume your position on the witness

SPECIAL MASTER CORNELL:

start the examining -- you've handed to us No.

This appears to be a picture of Courtroom 124.

It's the courtroom of -- an

SPECIAL MASTER CORNELL:

I don't believe there is any

SPECIAL MASTER CORNELL:

This will be No.

and it will be added to the exhibits.

kind enough to give us copies,

And you've been

and they are binder

RE CJF NO. 185 -

(Examiner's Exhibit 38 admitted into

Anything else before we begin the

Mr. Murphy and I have reached one

stipulation as to the testimony of a witness in lieu

SPECIAL MASTER CORNELL:

SPECIAL MASTER CORNELL:

I would like to read that into the record,

-- we'll allow that.

do you stipulate that Linda Cabatic,

would testify that she has been an attorney

since 1979; that in 2006,

and Chief Counsel for the Legal Services Division of

the California Department of General Services,

her and said words to the effect that a DGS employee

had testified in court and that he was concerned about

the testimony in connection with disclosure of a

she was the Deputy Director

which is the business manager for the State of

Judge McBrien called

The judge said he would fax the

RE CJF NO. 185 -

transcript that day.

After she received the

she assigned the matter to staff counsel,

SPECIAL MASTER CORNELL:

unnecessary for Linda Cabatic to testify.

presume that means it will be

SPECIAL MASTER CORNELL:

SPECIAL MASTER CORNELL:

SPECIAL MASTER CORNELL:

WeIll check her off.

resume your examination.

and the stipulation will be

And I will remind you,