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Judge Gregory Alarcon Steps Into Richard Widom vs. Stockwell Case In Los Angeles Superior Court After Writs Of Mandate, Peremptory Challenge, And Other Legal Verbal Spear Chucking.
By Lonce LaMon - November 1, 2012

Revised and updated on November 24, 2012

The case of Richard Widom vs. the law firm of Stockwell, Harris, Widom, Woolverton & Muehl, now known as Stockwell, Harris, Woolverton & Muehl, or just “The Stockwell Firm” or “Stockwell” for short, got together yesterday morning in Los Angeles Superior Court before a brand new judge on the case—the Honorable Gregory Alarcon.   The hearing was a Management Conference and the attorneys from both sides initiated new judge Alarcon since Stockwell won on a Preemptive Challenge against the former judge, Susan Bryant-Deason.

The Honorable Susan Bryant-Deason had four of her trial court rulings either overturned or at least substantially modified by four Writs of Mandate filed by Stockwell that were essentially won with the Court of Appeals.  Stockwell then filed a Preemptive Challenge with the Superior Court when the case was remanded because they felt Bryant-Deason would likely not be able to be impartial after so many over-turns.  They explained in their challenge that Bryant-Deason might now reasonably be considered to have a prejudice against one or more of the Stockwell attorneys.
 
This action infuriated Richard Widom, who filed an appeal to the Stockwell Preemptive Challenge, but got it denied.   In his challenge he accused Stockwell of “gamesmanship”, “forum shopping”, and bombastically stated this “is yet another one of its
This is a case about the firing of a thirty-year-veteran workers' compensation defense attorney, Richard Widom, who was ostensibly fired for allegedly beating and battering his wife, Lisa Kerner...
(Stockwell's) time-worn tricks to try to switch judges anytime it does not receive a favorable ruling or its abuses are reigned in.”
 
This is a case about the firing of a thirty-year-veteran workers’ compensation defense attorney, Richard Widom, who was ostensibly fired for allegedly beating and battering his wife, Lisa Kerner, who was also a Stockwell attorney who joined the firm in 1999.
 
On March 1, 2009, a physical and verbally violent altercation exploded in the household of Widom and Kerner; that, and the aftermath, sound like a ready-made screenplay for Lifetime Television for Women.  Before the Los Angeles District Attorney declined to prosecute, and after a misdemeanor criminal trial brought by the Los Angeles City Attorney against Richard Widom resulted in Widom being found factually innocent, temporary restraining orders, a failed permanent restraining order, and a dropped civil action by Kerner, plus a divorce action, Lisa Kerner was allegedly attacked by Widom again a little over two years after the first alleged beating.  Kerner alleged that Widom broke into her house and beat her again on March 21st 2011.  

It is alleged Lisa Kerner has undergone brain surgery, extensive medical treatment, therapy, and rehabilitation, and is today still disabled.  She has not been working since March 1st 2009.
 
Judge Gregory Alarcon yesterday, on the bench before the Widom attorneys and the Stockwell attorneys, appeared patient, easy-going, mild-mannered and unflappable.  With his mostly but not completely grayed hair, he looked youthful and competently-experienced.   The attorneys explained to him that there are literally tens of thousands of pages of documents which have been exchanged.  Both sides have submitted witness lists and there are, to date, 76 witnesses.
 

Richard Widom, Esq.
  
The trial was discussed as most likely to start in the Summer of 2013.  Approximately in June.  But since early 2011 the trial has been delayed by the writs of mandate to the Court of Appeals, Lisa Kerner’s inability to testify at her deposition, plus her diminished functioning with respect to her production of documents, and the ERISA question, because of which Stockwell thought the case should be addressed to the U.S. Federal Court.  That move backfired on Stockwell, as the Federal judge rejected the case and imposed them with sanctions. 
 
Judge Alarcon asked to have a hearing on the remanded matters, in order “to interpret what the Court of Appeals said.”
 
There are four or maybe five to be discussed.  This is highly complex legaleze.  One is that, since the motion to compel Lisa Kerner to answer certain deposition questions based upon the denial by Judge Susan Bryant-Deason that an attorney-client relationship existed between Lisa and George Woolverton has now been reversed, what questions Lisa must answer now have to be reexamined. 
 
Now Lisa's deposition questions will have to be viewed in the light that George Woolverton and Lisa Kerner do have an acknowledged and recognized by the court attorney-client relationship, so she can choose to claim that privilege and not answer particular questions that invade that privilege where appropriate.
 

George Woolverton, Esq.
 
Also, the demand for discovery by Widom of Stockwell’s financial condition based upon a ruling of a likelihood that Richard Widom has a strong probability of prevailing on a punitive damages claim, has to be reexamined.  It cannot be asserted based upon the fact that Woolverton went to the police, talked to the City of LA Attorney, escorted Lisa Kerner to the police and to the City Attorney’s office, and that George Woolverton was warning clients about Widom's behaviors was purely malicious.   These are actions protected by the litigation privilege, as the law allows for an open line of communication to law enforcement shielding individuals and businesses from interpretations of malicious intent, which could result in civil actions of punitive damages against them.
 
The Appeals Court ruled that George Woolverton, the Stockwell firm partner who assisted Lisa Kerner in the aftermath of Widom's alleged attack
Discovery of a company's financial reports are not allowed in civil cases unless there is a very strong likelihood, as perceived by the court, that the plaintiff will prevail on the case.
against her, was not acting with malicious intent and simply running amuck badmouthing and slandering Richard Widom to all and sundry.  He was acting within the protected privilege of communicating with law enforcement and the city attorney. Thus, it was stated in the Appeals Court decision that Judge Susan Bryant-Deason missed this reality and ruled in error. 
 
Discovery of a company's financial reports are not allowed in civil cases unless there is a very strong likelihood, as perceived by the court, that the plaintiff will prevail on the case for punitive damages.  The reason for this is that the system does not want to encourage companies to settle non-meritorious punitive damage cases just so they can protect their financial records.  Forcing discovery of financial records could encourage predatory litigants hoping to get settlements from companies who just want to protect the privacy of their financials.  
 
This case will be heard next on Tuesday, December 4th 2012 at 9 am in Judge Alarcon’s Department 36, Room 410—Stanley Mosk Superior Courthouse at 111 No. Hill Street, Downtown Los Angeles.
 
 
 

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