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CONCERNING

PETER

J.

ORIGINAL

McBRIEN

185

s

NO.

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TRANSCRIPT

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HEARING

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1,

THE

MASTERS

CALIFORNIA

2009

PAGES

1

- 250

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VOLUME

OF

SPECIAL

1,

APRIL

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BEFORE

SACRAMENTO,

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N

JUDGE

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REPORTED

BY:

SANDRA LEHANE

REGISTERED PROFESSIONAL

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CERTIFIED

SHORTHAND
155

24

Alameda,

Orr

NO.

7372

Road

California

(510)

REPORTE:R

REPORTER

94502

864-9645

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------- ----

IN RE

CJF NO.

185 - 4/1/09

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witness,

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Mr.

Blum.

MR.

BLUM:

Thank you,

Examiner calls Judge McBrien.

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JUDGE PETER J. McBRIEN

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having been first du1y sworn, testified as f0110ws:

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SPECIAL MASTER CORNELL:

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THE WITNESS:

SPECIAL MASTER CORNELL:

Please

You may examine.

MR.

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BLUM:

Thank you,

For the record,

Your Honor.

I'm calling this witness as

an adverse witness.

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Thank you.

be seated.

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Peter James McBrien,

M-c B-r-i-e-n.

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Please state your

full name and spell your last name.

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The

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Your Honor.

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Call your first

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SPECIAL MASTER CORNELL:

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DIRECT EXAMINATION

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BY MR. BLUM:

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Q.

Good morning,

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A.

Good morning.

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Q.

Are you a

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Your Honor.

judge of the Sacramento Superior

Court?

A.

I

am.

L-------------------------IN RE CJF NO. 185

4/1/09--------------------~

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Now,

you did try to move the Carlsson vs.

Carlsson case along,

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did.

A.

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Q.

And you made all of those statements with

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Q.

--

did.

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A.

referred to in the record?

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did.

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Q.

And why were you trying to move that case

along?

A.

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In my experience with Ms.

she would

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i t ' s a child custody case,

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complexity and variations that might arise that would

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create some uncertainty.

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least two occasions extended the time for the trial.

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In the case of Barrett,

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never complete her cases within the estimate.

a third day.

ia
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issues.

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Q.

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And,

I

And if

can understand the

in fact,

believe,

In the case of Myles,

two and a half.

or
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if

Huddle,

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al

Blum -­

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respect to this trial to Mr.

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did you not?

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Q.

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have on at

we went a third -­
I

believe we went

Both of which had involved custody

But in order to maintain the orderly flow of

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justice through the family law courts,

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other judges there insist that the trial estimates be

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met?

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A.

do you and

We do.

L-------------------------IN RE CJF NO. 185 -

4/1/09----------------------~

206

Q.

Is there a reason for that?

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A.

Yes.

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Q.

What is it?

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A.

Well,

the Bar,

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family law bar,

volunteers

their time to the Court in expectation that they're

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going to be able to get to trial when they set their

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trials.

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goes,

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something that they certainly expect of us.

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And I don't want to say i t ' s a,

t i t for tat,

but it may well be,

as the saying

in their minds,
And quite

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frankly,

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in Sacramento County that you're going to adhere to

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your estimate or you're going to make a

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explaining the reasons you need more time.
Q.

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i t ' s part of the general family law culture

Two last questions.

request

The first one,

I

want

you to first take a look at the reporter's transcript

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of the trial,

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let me read Lines 5 through 13:

Page 138,

"The Court:

Lines 5 through 7.

No,

Actually,

you don't have to ask me.

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You have to always ask the other party first before I

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will consi

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anything that either party wants."

Is that your practice and procedure?

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A.

Absolutely.

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Q.

And is that done by attorneys who appear

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before you?

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A.

It is.

L-------------------------IN RE CJF NO. 185

4/1/09--------------------~

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