Proposition R-Judge Assigned-Hearing Date Set
Proposition R, the controversial proposition which extended the term limits for Los Angeles City Council members was set to be heard by hanging judge Judge Dzintra Janavs on April 11th, 2007.
Prior to the hearing date, Deputy City Attorney Heather E. Davis representing the City of Los Angeles filed a Motion for Peremptory Disqualification. The declaration of Heather E. Davis stated :
“ The Honorable Dizintra Janavs, the judge to whom proceedings in this action are assigned, is prejudiced against Respondent City of Los Angeles and Real Party in Interest Los Angeles City Council or the interest of Respondent City of Los Angeles and Real Party in Interest Los Angeles City Council so that Respondent City of Los Angeles and Real Party in Interest Los Angeles City Council cannot have a fair and impartial hearing before the Judge”.
It was Judge Dzintra Janavs who had ruled against the Mayor of Los Angeles in the case involving AB1381 the legislation concerning the Mayors attempted take over of the Los Angeles Unified School District.
The motion was granted and the case has been assigned to Judge David Yaffe in Department 86.
Judge Yaffe recently ruled against the Los Angeles political leadership, barring the city from enforcing a new ordinance that would have extended the city's "living wage" protections to workers at hotels near Los Angeles International Airport.
Superior Court Judge David P. Yaffe went far beyond merely blocking a law that had been considered a point of pride for the city's powerful labor interests.
As a practical matter, Yaffe dealt a political defeat to the City Council, Mayor Antonio Villaraigosa and the union that championed the law.
With only fifteen days until the hearing, the stage is being set for another political show down.
Petitioners David Hernandez and Ted Hayes are steadfast in their pursuit of justice for the residents of Los Angeles.
Labels: proposition r
Posted by Mayor Sam @ 5/23/2007 09:54:00 PM
5 Comments:
This is a perfect example of the wisdom of the old adage "Be careful what you wish for...".
David Yaffe is levels of magnitude more risky than Dvintra Janavs. While she is a somber, serious, humorless student of the law and is devoted to doing what she sees as the right thing, Yaffe is capricious, arrogant, insufferable and much more often just plain dead wrong than any other Judge on the Los Angeles Superior Court bench. He is probably the most reversed Judge on that bench, akin to Steve Reinhardt on the Ninth Circuit.
Yaffe has a prediliction for trying to always prove that he is the smartest guy in the room. Thus, in a fully briefed case on both sides, he most often finds some other issue, briefed by neither side, upon which to hang his judicial hat.
For a fuller exposition (if you are interested), read a series of articles by Roger Grace in the Metropolitan News from a few years back entitled "The Yaffe".
Good luck to both sides, here; Yaffe is an equal opportunity abuser.
"The Honorable Dizintra Janavs, the judge to whom proceedings in this action are assigned, is prejudiced against Respondent City of Los Angeles and Real Party in Interest Los Angeles City Council "
The Honorable Judge Janavs is the better judge; but our laws allow us to select a less tham competeant Judge and use the skills of the best attorneys to present it. HOW MUCH MORE IS THE FEES OF THE ATTORNEYS GOING TO COST THE CITY OF LOS ANGELES, not councting appeals o0n either side should Yaffee decide on an appealable decision?
Shame on the City Attorney for filing a peremptory challenge against Judge Janavs. That is total BS, to use a high falutin' legal term!
This just further illustrates the bad faith of the career politicians at City Hall. Judge Janavs has no axe to grind; she simply applies the law. But the City, hoping to obtain delay or perhaps a more malleable jurist, falsely accuses her of bias. Shame, shame, shame!
You go Ted and David. Let's see if this judge does the right thing. That damn Prop R is unconstitutional and hopefully city council members will have to start packing their bags.
Good luck to you guys and thanks for being the people.
Neither Yaffe nor Janavs should be judges. They follow the law when it suits their personal bias, but otherwise, they ignore the law. Yaffe often does not read the papers of the side whom he dislikes. In their courtrooms, there is no rule of law. Rather their personal predilections rule. Deciding cases by a coin toss would be preferable. That way litigants would at least be spared the duo's nasty, foul tempered tirades.
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