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Motion to Recuse 6.10

Motion to Recuse 6.10

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Published by msf31538
Request to Appellate Dept Panel to Self Recuse due to Violation of Judicial Ethics Code
Request to Appellate Dept Panel to Self Recuse due to Violation of Judicial Ethics Code

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Published by: msf31538 on Jun 16, 2011
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08/10/2011

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Appellate Division No.
 
70LOS ANGELES SUPERIOR COURTAPPELLATE DIVISION
 ANTHONY GROSSMANNo. BV 028930 Appellant Van Nuys, Case No. 10B01962PRO VALUE PROPERTIES, INC., Appelleev.JUDGE CHRISTINE EWELL, LOS ANGELES COUNTY SUPERIOR COURTRespondent _____________________________________________________________________ 
APPELLANT’S OBJECTION TO ENTIRE PANEL OF JUDGES PRESENTLYASSIGNED TO DEPARTMENT 70 AND REQUEST TO SELF RECUSE PURSUANTTO CANON 3E(3) OF THE CALIFORNIA CODE OF JUDICIAL ETHICS (SELFRECUSAL)
;
DECLARATION OF MARTIN S FRIEDLANDER, ESQ; POINTS &AUTHORITIES IN SUPPORT THEREOF.MARTIN S FRIEDLANDER, ESQ.
State Bar No. 36828
ANTHONY C. GROSSMAN, ESQ.
, State Bar No. 17540810350 Wilshire Blvd., Suite 603Los Angeles, Ca. 90024Tel. No. 310 435-1510Fax No. 310 278 7330 Attorney for Appellant ANTHONY GROSSMAN
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TO THE HONORABLE PRESIDING JUDGE AND ASSOCIATE JUDGES OF THEAPPELLATE DIVISION OF THE LOS ANGELES SUPERIOR COURTI OPENING STATEMENT
 
A.
On May 20, 2011 I personally filed a
MOTION
to enjoin Judge Christine Ewell fromconducting any conference whatsoever due to lack of jurisdiction pursuant to CRC Rule8.837 (d)(4). I specifically relied on the pre filing of the record provisions permittingmotions to enable Judge Jewell to defend herself from the disciplinary requests toaccord her the “due process” which she did not accord my client Anthony Grossman. Irequested an immediate stay. After practicing in California since 1965 in the AppellateCourts of this State I know the difference between a Motion and a Petition for a Writ of Prohibition. If I wished to file a Petition for a Writ of Prohibition I would have filed one.She conducted the hearing, without my presence, and was handed this Panel’s Order of May 24, 2011 denying the Petition and Refusing to do its Required Duty to ReportJudge Jewell and placed the burden on Grossman to do so.Judge Jewell’s order of Certification specifically referenced that she did not open theenvelope containing my Motion to this Court. I personally marked that envelopepersonal and confidential “for Judge Jewell’s eyes” to avoid her any embarrassment of having the filing clerk open the envelope and make my claims the subject of discussionamong the entire Van Nuys Courthouse. Judge Jewell intentionally refused to open thatenvelope even after opposing counsel handed her this Panel’s Order which referencedher ethical violations. This further evidences my charges against Judge Jewell that sherefused to accord any due process to Mr. Grossman and her personal dislike for mebecause I challenged her in a lawful and appropriate manner, in pleadings, and not in
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open court. She just doesn’t care. This Panel has covered up Judge Jewell’s violationsof law and the Canons by its own actions, which we claim are also violations of dueprocess and the Canons of Ethics. By converting the Motion to a Writ Proceeding thiscourt avoided its Judicial Responsibility and in so doing it violated the Canons of Ethicsfor which it should self recuse since a litigant is not empowered to file a Motion toRecuse an Appellate Judge as we would if it was a Trial Judge. “Swept under the Rug”Instead, this Appellate Panel, against my wishes, converted my motion for anInjunction and to Require this Panel to cite Judge Jewell to the California Commissionof Judicial Performance, which was a Judicial Duty under the Canons
 
of Ethics cited inmy Motion, to a Petition for a Writ of Prohibition and directed me to file a Complaint tothe Commission. This Panel violated the Canon of Judicial Ethics by converting myMotion to a Writ Proceeding and evaded their Mandated duty to self report their ownviolations and Judge Jewell’s violation of the Canons of Judicial Ethics.Accordingly, we Request this entire Panel to disqualify themselves pursuant toCanon 3 (E) (3) of the Code of Judicial Ethics. In that regard I remind this Panel that if they refuse to disqualify themselves, they will be violating the Canons of Judicial Ethicswhich I will report to the Committee, and they will be denying Mr. Grossman “DueProcess of Law” and will commit reversible error, that will entitle Mr. Grossman to file aDirect Appeal to the Court of Appeal, since it is the Appellate Department that iscommitting the error, not a Court of Limited Jurisdiction.Appellant requests this entire panel to disqualify themselves and assign this entireappeal to the Court of Appeal to be joined with a pending Appeal in Grossman vSchloss, B228800 dealing with SLAPP Motions and the error of the Trial Court in not
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Ken Gaynor added this note
Uploaded the transcripts fromthe CA hearings regarding my children that prove Judge Christine Ewell abuses her judcial power, makes up her own rules and misstated what was said under oath and relyed on that misstatement in her decision. All she did was notify the childrens mother and put them in harms way rather then listen to them and help them...........
Ken Gaynor added this note
Regarding Judge Christine Ewell and the Motion to cite her. My children were the next innocent victims in her unfair practices as a Judicial Officer on Friday July 1, 2011 in the Family Law division of the LA Superior court in Van Nuys. She used the same unfair tactics in her biased ruling regarding our Exparte filing to protect my children. She actually made their situation worse.

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