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Civil Litigation - Private
comment #:
9864
rating:
4.8
average rating is 4.8 out of 5
average rating is null out of 5
The Magistrate needs to improve his prejudicial treatmentin favor of insurance defense. In the case of Garcia v Berkshire Life Insurance, docket confirms that the Magistrate overstepped his authority to hear a dispositive motion, in his court, without consent of the parties. The docket further confirms that the Magistrate allowed defense to reschedule a settlement conference to the day before the dispositive motions hearing. During settlement the Magistrate failed to maintain an evidentiary record, as the rules require. Worse, during the settlement hearing, Magistrate proceeded to pressure the disabled plaintiff into a shamefully inadequate settlement. (See affidavit of lawyer, Jeffrey Nobel in support of Motion to Recuse. It's likely the defense prejudiced the Magistrate with manipulation; however, the appearance of bias in strong.
7/15/19, 2:12 AM
Hon. Boyd N. Boland

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