million dollar malpractice case against woodruff, o'hair, posner & salinger, inc. substitution of...

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MC-050 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Barnumber, end address): - Edward Freidberg, SBN 031279; Brett E. Bitzer, SBN 264736 Freidberg Law Corporation 601 University Ave., Suite 274 Sacramento, CA 95825 TELEPHONENO.. 9 1 6 - 9 2 9 - 9 0 6 0 FAX NO. fOpl/onai;.- E-MAIL ADDRESS (Optional): ATTORNEY FOR fName;.- Wel-Jcn (Harrlson) Luan SUPERIOR COURT OF CALIFORNIA, COUNTY OF SacramentO STREETADDRESS: 720 9th Street MAILING ADDRESS: CITY ANDZIPCODE BRANCH NAME: Sacramento 95814 Gordon D. Schaber CASE NAME: Wei-Jen (Harrison) Luan v. Howard Stagg et al. FOR COURT USE ONLY SACRAMFNTn SUPERl B'l '. ivinRt SUBSTITUTION OF ATTORNEY—CIVIL (Without Court Order) CASE NLIMBER: 05AS03035- Consolidated THE COURT AND ALL PARTIES ARE NOTIFIED THAT (name): Wei-Jen (Harrison) Luan makes the following substitution: 1. Former legal representative Party represented self [3 Attorney fname;: Michael L. Boll 2. New legal representative | | Party is representing self* I / I Attorney a. Name: Edward Freidberg b. State Bar No. (if applicable): 031279 c. Address (number, street, city, ZIP, and law firm name, if applicable): Freidberg Law Corporation, 601 University Ave., Suite 274, Sacramento, CA 95825 d. Telephone No. (include area code): 916-929-9060 3. The party making this substitution is a I »^ I plaintiff I I defendant I I petitioner I I respondent I I other (specify): •NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES • Guardian • Conservator • Trustee • Personal Representative • Probate fiduciary • Corporation • Guardian ad litem • Unincorporated association If you are applying as one of the parties on this list, you may NOT act as your own attorney in most cases. Use this form to substitute one attorney for another attorney. SEEK LEGAL ADVICE BEFORE APPLYING TO REPRESENT YOURSELF. NOTICE TO PARTIES WITHOUT ATTORNEYS A party representing himself or herself may wish to seek legal assistance. Failure to take timely and appropriate action in this case may result in serious legal consequences. 4. I consent to this substitution. Date: 10-23-13 Wei-Jen (Harrison) Luan l\^^}J\A.A^^ ^^^^^ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY) 5.1 / I I consent to this substitution. Date: Michael Boli (TYPE OR PRINT NAME) 6.1 / I I consent to this substitution. Date: 10-23-13 Edward Freidberg (TYPE OR PRINT NAME) (See reverse for proof of service by mail) Page 1 of 2 Form Adopted For Mandatorv Use Judicial Council of Califomia MC-050 |RBV. January 1, 2009) SUBSTITUTION OF ATTORNEY—CIVIL (Without Court Order) Code of Civil Procodure. §§ 284(1). 285: Cal. Rules ot Coun, mIo 3.1362 www.courtinfo.ca.gov

DESCRIPTION

Substitution of attorney filing from the $1 million legal malpractice case against divorce lawyer Tom Woodruff and firm Woodruff, O'Hair and Posner. Sacramento Family Law Court watchdogs and court reform advocates are closely watching the litigation and allege that the name partners at Woodruff, O'Hair, Posner and Salinger are emblematic of family court corruption and cronyism. Each of the four partners are sworn temporary judges, and Robert O'Hair was one of the architects of the current, troubled family court system, according to his own sworn testimony at the 2009 Commission on Judicial Performance prosecution of controversial Judge Peter McBrien. O’Hair, McBrien, and current 3rd District Court of Appeal Justice Vance Raye restructured the court in 1991, according to the testimony of both McBrien and O’Hair. The restructuring effectively privatized the settlement conference program to be run by private-sector, judge pro tem lawyers. Although the lawyers ostensibly act as “volunteers,” court watchdogs have documented that the lawyers are effectively compensated with favorable court rulings on disputed issues, which occur at a statistically improbable rate. O’Hair also testified as a character witness in defense of McBrien at the judge’s second disciplinary prosecution at the CJP. O'Hair has twice held every officer position on the Sacramento County Bar Association Family Law Executive Committee, which watchdogs charge acts essentially as a shadow government controlling virtually all aspects of the Sacramento Family Law Court system. Firm partner and judge pro tem Paula Salinger currently is an officer of the Family Law Executive Committee. Salinger has been embroiled in her own controversies, including receipt of a waiver of judge pro tem qualification standards from Judge Steve White, filing fake "notice of entry" of judgment paperwork, and, in her capacity as an officer of the Family Law Executive Committee, silence on a Sacramento Family Court News report documenting that trial court judges fail to disclose to opposing parties and attorneys judge pro tem conflicts of interest. And as SFCN reported in October, 2012, partner Jeffrey Posner at that time was unlawfully using his judge pro tem title for promotional purposes on the firm website. After our report was published, Posner scrubbed from the website the reference to his temporary judge status. Posner also was connected to Salinger's counterfeit entry of judgment paperwork scheme, having signed off on one of his partners bogus court filings. And as sworn temporary judges, each attorney at the firm is required by state law to take or initiate appropriate corrective action if they receive reliable information that another lawyer has violated any rule of the California Rules of Professional Conduct, or if a fellow judge has violated any provision of the Code of Judicial Ethics. Posner had a legal duty to intervene in Salinger’s fake entry of judgment sham. Instead of taking corrective action, Posner endorsed the misconduct. Sacramento Family Court News reports on these and other issues. Visit the links below: Woodruff, O’Hair, Posner & Salinger, Inc: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/WOODRUFF%20O%27HAIR%20POSNER%20and%20SALINGERDivorce attorney Tom Woodruff: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/THOMAS%20WOODRUFFDivorce attorney Robert O’Hair: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/ROBERT%20O%27HAIRDivorce attorney Jeff Posner: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/JEFFREY%20POSNERDivorce attorney Paula Salinger: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/PAULA%20SALINGERJudge pro tem attorney controversies: http://sacramentocountyfamilycourtnews.blogspot.com/p/temporary-judges.html

TRANSCRIPT

  • MC-050 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Barnumber, end address):

    - Edward Freidberg, SBN 031279; Brett E. Bitzer, SBN 264736 Freidberg Law Corporation 601 University Ave., Suite 274 Sacramento, CA 95825

    TELEPHONENO.. 9 1 6 - 9 2 9 - 9 0 6 0 FAX NO. fOpl/onai;.-E-MAIL ADDRESS (Optional):

    ATTORNEY FOR fName;.- Wel-Jcn (Harrlson) Luan SUPERIOR COURT OF CALIFORNIA, COUNTY OF SacramentO

    STREETADDRESS: 720 9th Street MAILING ADDRESS:

    CITY ANDZIPCODE BRANCH NAME:

    Sacramento 95814 Gordon D. Schaber

    CASE NAME:

    Wei-Jen (Harrison) Luan v. Howard Stagg et al.

    FOR COURT USE ONLY

    SACRAMFNTn SUPERl B'l '. ivinRt

    SUBSTITUTION OF ATTORNEYCIVIL (Without Court Order)

    CASE NLIMBER:

    05AS03035- Consolidated

    THE COURT AND ALL PARTIES ARE NOTIFIED THAT (name): W e i - J e n ( H a r r i s o n ) L u a n makes the following substitution: 1. Former legal representative Party represented self [ 3 Attorney fname;: M i c h a e l L . B o l l 2. New legal representative | | Party is representing self* I / I Attorney

    a. Name: E d w a r d F r e i d b e r g b. State Bar No. (if applicable): 0 3 1 2 7 9 c. Address (number, street, city, ZIP, and law firm name, if applicable):

    Freidberg Law Corporation, 601 University Ave., Suite 274, Sacramento, CA 95825

    d. Telephone No. (include area code): 9 1 6 - 9 2 9 - 9 0 6 0 3. The party making this substitution is a I ^ I plaintiff I I defendant I I petitioner I I respondent I I other (specify):

    NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES

    Guardian Conservator Trustee

    Personal Representative Probate fiduciary Corporation

    Guardian ad litem Unincorporated

    association

    If you are applying as one of the parties on this list, you may NOT act as your own attorney in most cases. Use this form to substitute one attorney for another attorney. SEEK LEGAL ADVICE BEFORE APPLYING TO REPRESENT YOURSELF.

    NOTICE TO PARTIES WITHOUT ATTORNEYS A party representing himself or herself may wish to seek legal assistance. Failure to take timely and appropriate action in this case may result in serious legal consequences.

    4. I consent to this substitution. Date: 10-23-13

    Wei-Jen (Harrison) Luan l\^ }^J\A.A^^ ^^^^^ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY)

    5.1 / I I consent to this substitution. Date:

    Michael Boli (TYPE OR PRINT NAME)

    6.1 / I I consent to this substitution. Date: 10-23-13

    Edward Freidberg (TYPE OR PRINT NAME)

    (See reverse for proof of service by mail) Page 1 of 2 Form Adopted For Mandatorv Use

    Judicial Council of Califomia MC-050 |RBV. January 1, 2009)

    SUBSTITUTION OF ATTORNEYCIVIL (Without Court Order)

    Code of Civil Procodure. 284(1). 285: Cal. Rules ot Coun, mIo 3.1362

    www.courtinfo.ca.gov

    PatSCFN-Long

  • MC-050 CASE NAME:

    Wei-Jen (Harrison) Luan v. Howard Stagg et al. CASE NUMBER:

    05AS03035- Consolidated

    PROOF OF S E R V I C E BY MAIL Substitution of AttorneyCivil

    Instructions: After having all parties sen/ed by mail with the Substitution of AttomeyCivil, have the person who mailed the document complete this Proof of Sen/ice by Ma/V. An unsigned copy of the Proof of Sen/ice by Mail should be completed and sen/ed with the document. Give the Substitution of AttorneyCivil and the completed Proof of Sen/ice by Mail to the clert< for filing. If you are representing yourself, someone else must mail these papers and sign the Proof of Sen/ice by Mail.

    1. 1 am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My residence or business address is (specify): 601 University Avenue, Suite 274, Sacramento, CA 95825

    2. I served the Substitution of AttorneyCivil by enclosing a true copy in a sealed envelope addressed to each person whose name and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid.

    (1 ) Date of mailing: October 25, 2013 (2) Place of mailing (city and state): Sacramento, CA 3. I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct.

    Date: October 25, 2013

    TIA LE NGUYEN (TYPE OR PRINT NAME)

    NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED

    4. a. Name of person served: Robert H. Johnson b. Address (number, street, city, and ZIP):

    Johnson Schachter & Lewis, 2180 Harvard Street #560, Sacramento, CA 95815

    c. Name of person served: James R. Kirby/John Kinn d. Address (number, street, city, and ZIP):

    Segal & Kirby, 400 Capitol Mall #1600, Sacramento, CA 95814

    e. Name of person served: f. Address (number, street, city, and ZIP):

    g. Name of person served: h. Address (number, street, city, and ZIP):

    i. Name of person served: j. Address (number, street, city, and ZIP):

    I I List of names and addresses continued in attachment.

    MC-050 [RBV. January 1, 2009] SUBSTITUTION OF ATTORNEYCIVIL (Without Court Order)

    Pago 2 of 2

    PatSCFN-Wide