An Unappealing Notice Gets Attorney Referred To State Bar: The Perils Of Reverse Peristalsis

The California Court of Appeals Fourth Appellate District Division Three affirmed a judgment denying attorneys fees and referred plaintiff’s counsel to the State Bar

As explained in section V of the Discussion post, as required by the California Code of Judicial Ethics, we are reporting plaintiff’s attorney Benjamin Pavone to the California State Bar for manifesting gender bias. The notice of appeal signed by Mr. Pavone on behalf of plaintiff referred to the ruling of the female judicial officer as  “succubustic.” A succubus is defined as a demon assuming female form which has sexual intercourse with men in their sleep. We publish this portion of the opinion to make the point that gender bias by an attorney appearing before us will not be tolerated, period.

We also report Mr. Pavone to the State Bar for the statement in the notice of appeal suggesting the trial court attempted to thwart service of the signed judgment on plaintiff in an effort to evade appellate review and statements in the appellate briefs he signed on behalf of plaintiff accusing the judicial officer who ruled on the motion for attorney fees of intentionally refusing to follow the law. None of these serious charges is supported by any evidence.

Section V

Instead of using the Judicial Council notice of appeal form, plaintiff’s counsel Pavone signed the plaintiff’s notice of appeal which stated in full: “Pursuant to Code of Civil Procedure section 904.1 et seq., Plaintiff Fernando Martinez hereby appeals from the lower court’s disgraceful order dated November 30, 2016, as incorporated into a reported judgment dated February 21, 2017, and [as] such, technically appeals from that judgment. The ruling’s succubustic adoption of the defense position, and resulting validation of the defendant’s pseudohermaphroditic misconduct, prompt one to entertain reverse peristalsis unto its four corners.

The court

Webster’s Third New International Dictionary (2002) at page 2282, column 3, defines the term “succubus” as “1: a demon assuming female form to have sexual intercourse with men in their sleep—compare incubus 2: demon, fiend 3: strumpet, whore.” (Capitalization omitted.)

Every day appellate courts evaluate litigants’ contentions of trial court error regarding issues of fact and law. Plaintiff’s appellate briefs, signed by Pavone, contain many statements, however, that cannot be fairly characterized as acts of zealous advocacy in an effort to challenge the ruling on plaintiff’s motion for attorney fees. Instead, plaintiff’s appellate briefs repeatedly accuse the judicial officer who ruled on that motion of intentionally refusing to follow and apply the law. There is no support in the record for such a serious charge.

(Mike Frisch)