Judge: Jon R. Takasugi, Case: 22STCV11119, Date: 2024-12-09 Tentative Ruling

Case Number: 22STCV11119    Hearing Date: December 9, 2024    Dept: 17

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

TO RESHMA KAMATH, COUNSEL FOR DEFENDANT IN THE ABOVE-ENTITLED MATTER:  

YOU ARE HEREBY ORDERED to appear before the above-entitled court in Department 17, located at 111 N. Hill Street, Los Angeles, California, on December 9, 2024, at 8:30 a.m., to show cause, if any, why you should not be adjudged guilty of contempt of court, and punished accordingly, for acts of willful disobedience of the order of the above-entitled court, as provided in section 1209(a)(5) of the California Code of Civil Procedure, and as more fully described below and in the attached affidavit of the Honorable Jon R. Takasugi. (Cal. Civ. Proc. §1209, subd., (a)(5); Hassell v Bird (2018) 5 Cal.5th 522, 547; Koshak v Malek (2011) 200 Cal.App.4th 1540, 1548.)  Your refusal to stay on LACC for your remote appearance in violation of the Court’s direct order at the hearing on the morning of September 11, 2024, and stating you were not going to continue to stay on the line as ordered because you had “better things to do,” constitute alleged acts and omissions in willful disobedience of the Court’s order without good cause or substantial justification.

YOU ARE ALSO HEREBY ORDERED to appear before the above-entitled court Department 17, located at 111 N. Hill Street, Los Angeles, California, on December 9, 2024, at 8:30 a.m., to show cause, if any, why you should not be adjudged guilty of contempt of court, and punished accordingly, for engaging in “[d]isorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding” in violation of Code of Civil Procedure section 1209(a)(1) at the hearing on September 11, 2024 in the following multiple instances: (i) yelling at the Court to “Shut up!”, (ii) repeatedly interrupting the Court and telling the Court to not “talk over” you, saying “watch how you address me,” “don’t interrupt [you] when [you’re] making [your] argument,” and “watch how you talk to me”, and (iii) stating that you would disregard the Court’s order for you to appear for any sanctions and/or contempt hearing, including stating that you “could care less about [my] orders” and “could care less about a contempt hearing.”

IT IS SO ORDERED.

Dated:   September 18, 2023

__________________________________
Hon. Jon Takasugi     

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

            I, Jon Takasugi, declare as follows:

1.         I am a judge of the Superior Court, Los Angeles County, California and I have been assigned to preside over the above-entitled action. 

2.         On September 11, 2024, at approximately 8:45 a.m., I called the instant matter.  Counsel for plaintiff Hasmik Yaghobyan (Plaintiff), Reshma Kamath announced her appearance on LA Court Connect (LACC).  Michael Atkins was present in person for defendant Los Angeles County and Rebecca Chmura for defendant Fernando Lemus on LACC.

            3.         The matter was set for an OSC re: dismissal (settlement).  There was no court reporter.

            4.         Ms. Kamath spoke first, stating it has been seven (7) months since a settlement was reached and defendant Los Angeles County has not sent a check.  She said she was contemplating filing a motion to vacate the settlement and to move forward with a trial.

            5.         I addressed Mr. Atkins with regard to the delay.  He indicated there were two issues potentially causing delay: First, he described the bureaucracy involved with getting the County to cut a check and that it requires Board of Supervisor approval.  Secondly, he indicated the settlement agreement signed by Plaintiff indicates the payment is to be made directly to Plaintiff’s former attorney, Michael Justice, who was substituted out on April 11, 2024, after the settlement was reached.  In addition, Mr. Atkins advised the Court that Mr. Justice had filed a Notice of Lien for Attorney Services so the County was unclear as to whom the check should be directed.

            6.         In response, Ms. Kamath made a personal and disparaging remark about Mr. Atkins.  I asked Ms. Kamath to refrain from personal attacks as they are unprofessional and unnecessary.  Understanding there can be a delay when utilizing LACC, I repeated several times to stop attacking Mr. Atkins. Ms. Kamath and I were talking at the same time, when I heard Ms. Kamath say “Shut Up!”

            7.         I advised Ms. Kamath that Mr. Atkins was not talking, and that the Court was trying to maintain civility.  I asked Ms. Kamath if her comments (specifically “Shut Up”) were directed at the Court and she told me not to “talk over” her, “watch how you address me,” “don’t interrupt me when I’m making my argument,” and “watch how you talk to me.”

            8.         I indicated that I would set an OSC re: monetary sanctions, and I proceeded to set a future continuance date and address the check recipient issue.  Ms. Kamath interrupted me several times, and I ordered her not to do so.  She repeated, “Don’t interrupt me,” and said she was not attending any sanctions hearing.  She indicated three to four times that she did not intend on attending any sanctions hearing set by this Court.  Ms. Kamath made a comment about, “All you male judges …,” the conclusion of which I was not able to hear.

9.         After Mr. Kamath stated her intention to disobey a court order to appear on the sanctions OSC, I stated that I intended to set a contempt hearing.  Ms. Kamath said, “I could care less about your orders.”  During this exchange, she also said, “I could care less about your contempt.”  Ms. Kamath indicated she would not be attending any contempt hearing, repeating it a half dozen times.  I advised her she should probably appear with counsel.

10.       Thereafter, I indicated I was putting this matter on second call. Ms. Kamath said she was not waiting around another hour for the Court and she had “better things to do.”  I ordered her to remain in the courtroom and to remain on LACC.  I took a recess, went into chambers, and allowed Ms. Kamath to calm down.  I reviewed the Benchguide on Contempt of Court and returned within five to ten minutes and discovered that Ms. Kamath had disconnected in my absence.  I inquired with my court staff, judicial assistant Marisa Ventura and courtroom attendant Jaime Shuton, regarding any technical issues on LACC which would have resulted in her involuntary disconnection and they informed me there were none.  She did not make any attempts to reconnect.

11.       Because this incident escalated so quickly and without a court reporter, the Court asked Mr. Atkins and Ms. Chmura to provide declarations as to what they heard. 

12.       The incident was also heard by several parties and/or attorneys who had been waiting for their matter to be called on LACC, including Mr. Michael Klitzke, an attorney in an unrelated case (Case No. 22STCV29256) who offered to act as a witness to what occurred. Many attorneys were also present, either on LACC or in person, during this exchange, including the following:  Richard Kim and Matthew Learner in Case No. 23STCV03525, Scott Carr in Case No. 21STCV20431, Kenrick Shoemaker and Christopher Urner in Case No. 23STCV21267, Chad Chapman and Michael Klitzke in Case No. 23STCV29256, Brian Tan and D. Tucker Dowling in Case No. 24STCV13259. 

13.       Also present on LACC was Certified Shorthand Reporter Vienna Nguyen (#13137) who logged in during Ms. Kamath’s outbursts for an unrelated later matter.  After I had returned to the bench, Ms. Nguyen informed me she did not have a recording but that she heard me order Ms. Kamath to remain, that Ms. Kamath said she was not going to do so, and then she heard Ms. Kamath disconnect.

I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. 

                        Executed this 18th day of September 2024. 

                                                                                    __________________________________

                                                                                    Jon Takasugi
                                                                                    Judge of the Superior Court