I just realized that Justice Sanjay Kumar was brought in just to hear this one case. Justice Kumar was appointed for this case and up to April 11, 2016 which is Monday, i.e. "Judge Sanjay T. Kumar of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five until April 11, 2016." This case is over Monday morning. That means the opinion was probably written a while back and they decided to release it late Friday.
Justices pro tem are appointed by the Chief Supreme Court Justice, "When there are vacancies on the Court of Appeal, the Chief Justice of the Supreme Court temporarily assigns a judge from the superior court to sit as a Court of Appeal justice." This means Chief Supreme Court Justice Tani appointed Kumar. Kumar will do as the Supreme Court instructs him. I think this was intentional judge change situation. One Justice didn't want to ruin his reputation, bend to the will of his boss, i.e. money, power of Gary Michelson over ex-DA Steve Cooley. Another Judge was willing to do as he was told so he can hopefully be appointed, elected (?) Appeals Court Judge. Here's a great article on "gaming the system" with "visiting judges." "Judge," "Justice" doesn't make a difference It's people with power and corrupt influence abusing the system for personal gain and evil agendas.
In this case which is State v two individuals, having the State Supreme Court Justice appoint her personal friend Justice is conflict of interest. Of course she chose Kumar who will do as she tells him. Our judicial system is so effed up. Richard and Neil had the most wonderful attorney any person could have, law and evidence were in their favor and they still lost.
Here's the proof of the relationship. Ex DA Steve Cooley good buds with Chief Supreme Court Justice who is good buds with Kumar. Notice she'd appointed him to fill vacancies in the Appeals court for 16/24 months. That's quite a few cases to throw here and there. I will bet that Kumar voted pro DA, State, friend of someone wealthy and powerful every time. Steve Cooley also endorsed Judge Kumar.
Notice Richard Mosk in oral argument basically stated there is no case because there is no evidence of any crime. If the state didn't know how much Richard and Neil paid for a property, they could never tell if they made a profit or lost money. As I remember from part of the trial they did lose money at times. It's shocking that the opinion states that it doesn't matter if any money was made or lost.
I believe Justice Richard Mosk didn't want to go along with the corruption in this case. He took a medical leave to get off the case. The state who was the prosecutor in the case selected Kumar to sit the rest of the case. Conflict of interest much? Of course Kumar will agree with other Justices because he so very much wants to be a Justice instead of just a Judge. New Justices always just concur their first year at least. Justice Richard Mosk finally retired I feel because he was sick of the corruption. He was probably tired of being told to go along with the corruption as a favor to Gary's money bought political friends. Mosk was nearing retirement anyway. They let him retire before they released the opinion. The timing is just too coincidental.
I just fully read the opinion. There is no justice. It reminds me of my appeal. The Justices' arguments, evidence make no sense. It goes completely against the law, evidence, case citations, common sense...
Justice Sanjay Kumar
Justice Paul Turner
Justice Sandy R Kriegler
Notice it's "unpublished." That means it can never be used as a case citation in other cases.
Plaintiff and Respondent,
PHILLIP RICHARD POWERS et al.,
Defendants and Appellants.
(Los Angeles County
Super. Ct. No. BA409225)
On March 15, 2006, Powers wrote a letter to Cohen (Exh. No. 41) summarizing property purchases in 2005, and reflecting that Powers received commissions averaging 5.6 percent but varying substantially in percentage among the various properties. This was the first time Michelson learned that Powers was taking multiple levels of commissions. He was concerned with what Powers was doing, but was not suspicious. In a letter to Michelson dated May 18, 2006 (Exh. No. 20), Powers identified additional properties to purchase and indicated he would be requesting funds. He also wrote, “The accounting issue is almost completed, so they tell me, and should be sent out to you next week . . . .”
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