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npspark · Feb 12, 2011, 01:58 AM

I own a parking company in San Diego. I was recently sued in small claims court by a resident that I had towed. The Commissioner had the resident testify in which during his testimony she allowed him to enter a statement from a person not present. After his statement she then solicited mine. I produced evidence in the form of signed lease and parking contracts and gave a brief description of my service. She then stated that she did not care what I testified to she knew I was a towing company and could not enter into bagreement with the resident or management company and any agreements are illegal. When I questioned where she had come up with this assertion I was told to be quiet and any further outburst would result in my removal from court. I turned to my codefendent and said we've lost, she then requested I leave. My question is can she be held responsible for those comments civily.

tickle · Feb 12, 2011, 02:31 AM

No she can't be held responsible for her comments as a Judge.

Tick

npspark · Feb 12, 2011, 02:40 AM

Even if she is censured by a Judicial review

tickle · Feb 12, 2011, 02:47 AM

It was small claims court, not a high profile court case. You didn't like her comments and if you are in contempt you are told to shut up. This is her prerogative as a Judge.

Tick

AK lawyer · Feb 12, 2011, 06:29 AM

No, but what comments would you sue her for, and why? Even if she wasn't a judicial officer, I don't see how any of those comments would even faintly be grounds for any kind of a lawsuit. They wouldn't be defamatory.

When she told you to be quiet and you disobeyed, asking you to leave was a very mild reaction. You are lucky she didn't have you jailed.

adam_89 · Feb 12, 2011, 06:50 AM

You really don't have grounds to sue for anything. Also, judges are pretty untouchable. Someone here told me about judicial immunity. There would be one judge that I know off the bench if judges could be held responisible for their actions but they can not.

ScottGem · Feb 12, 2011, 07:05 AM

While you don't have grounds for a suit, you do have grounds for appeal.

npspark · Feb 12, 2011, 09:07 PM

Thank you Scott, I am appealing as well as filing a complaint. I know that there is a limited amount of information I can post pertaing to the case. I have consulted a couple of attorneys I know and each would let me know if I was SOL. They have said she violated the Code of Judicial Ethics in this case as well she overstepped and that I have good grounds for a complaint. Judges can be held responsible for their actions and in this instance I don't believe I will achieve more than a private discipline for her actions. Thank you for the comments.

ScottGem · Feb 13, 2011, 06:59 AM

Originally Posted by npspark

Judges can be held responsible for their actions

This is true, but that responsibility is by a review board or the voters (if its an elected judgeship). It's generally not by a lawsuit over their actions.

adam_89 · Feb 14, 2011, 06:41 AM

About judges being held responsible for their actions is a very touchy subject with me, so I will let it be. Good Luck!

JudyKayTee · Feb 14, 2011, 12:07 PM

I don't see that the Judge did anything that would rise to the level of a lawsuit OR an appeal.

First thing you need when you enter a Courtroom is respect (and I'm not saying all Judges are good and/or responsible).

this8384 · Feb 14, 2011, 03:18 PM

Originally Posted by npspark

I own a parking company in San Diego. I was recently sued in small claims court by a resident that i had towed. The Commissioner had the resident testify in which during the course of his testimony she allowed him to enter a statement from a person not present. After his statement she then solicited mine. I produced evidence in the form of signed lease and parking contracts and gave a brief description of my service. She then stated that she did not care what I testified to she knew I was a towing company and could not enter into bagreement with the resident or management company and any agreements are illegal. When I questioned where she had come up with this assertion I was told to be quiet and any further outburst would result in my removal from court. I turned to my codefendent and said weve lost, she then requested I leave. My question is can she be held responsible for those comments civily.

Personally, I think you're withholding some of what went on in the courtroom. It sounds to me like the person who was out-of-line here was yourself.

From what I'm reading and placed in bold below, you own both the parking company and the towing company... correct?

Originally Posted by npspark

I own a parking company in San Diego. I was recently sued in small claims court by a resident that i had towed. The Commissioner had the resident testify in which during the course of his testimony she allowed him to enter a statement from a person not present. After his statement she then solicited mine. I produced evidence in the form of signed lease and parking contracts and gave a brief description of my service. She then stated that she did not care what I testified to she knew I was a towing company and could not enter into bagreement with the resident or management company and any agreements are illegal. When I questioned where she had come up with this assertion I was told to be quiet and any further outburst would result in my removal from court. I turned to my codefendent and said weve lost, she then requested I leave. My question is can she be held responsible for those comments civily.

If you'd like to tell us where you're located, I'm sure we can cite the law for your area.

To me, it almost appears as if you may be in some type of conflict by owning and operating both companies and that's what the judge was referring to. Instead of deferring to her knowledge and judgment, you began arguing:

Originally Posted by npspark

I own a parking company in San Diego. I was recently sued in small claims court by a resident that i had towed. The Commissioner had the resident testify in which during the course of his testimony she allowed him to enter a statement from a person not present. After his statement she then solicited mine. I produced evidence in the form of signed lease and parking contracts and gave a brief description of my service. She then stated that she did not care what I testified to she knew I was a towing company and could not enter into bagreement with the resident or management company and any agreements are illegal. When I questioned where she had come up with this assertion I was told to be quiet and any further outburst would result in my removal from court. I turned to my codefendent and said weve lost, she then requested I leave. My question is can she be held responsible for those comments civily.

And then extremely disrespectful:

Originally Posted by npspark

I own a parking company in San Diego. I was recently sued in small claims court by a resident that i had towed. The Commissioner had the resident testify in which during the course of his testimony she allowed him to enter a statement from a person not present. After his statement she then solicited mine. I produced evidence in the form of signed lease and parking contracts and gave a brief description of my service. She then stated that she did not care what I testified to she knew I was a towing company and could not enter into bagreement with the resident or management company and any agreements are illegal. When I questioned where she had come up with this assertion I was told to be quiet and any further outburst would result in my removal from court. I turned to my codefendent and said weve lost, she then requested I leave. My question is can she be held responsible for those comments civily.

Do I think you can sue her? Absolutely not.

Do I think appealing the case will be successful? If you have the same attitude in appeal court that you portrayed in the initial case - not a chance.

Not to mention that it is extremely costly and time consuming to appeal the case, and should not be attempted without an attorney. Since this was in small claims, I'm going to say I'm about 99% sure it's not worth your time trying to appeal.

tickle · Feb 14, 2011, 03:35 PM

Oh yes, you guys, this8384 and Judy, right on. I am so glad you both said a lack of respect for the court system. Once you are told to shut up, then you do, otherwise you are in contempt.

Tick