Law Monster
06-10-2006, 11:57 AM
I have heard some bad stuff about this old fart. The Court of Appeals recently wrote a very entertaining opinion about used cars and lemon laws. I like to see a court with a sense of humor. They also partially ripped Judge Montroe a new hole by his depriving the plaintiff to a trial by motions in limine, etc. Also, even though it appears he was a Marine Jag, my understanding is that Marine Jags are still trained as line officers, so that may explain the way he is.
http://www.courtinfo.ca.gov/opinions/documents/G032371A.DOC (http://www.courtinfo.ca.gov/opinions/documents/G032371A.DOC)
Here are some nice quotes about the trial:
"The trial court made numerous erroneous rulings that essentially deprived the dealership of an opportunity to put on its case. :p Although the court properly disposed of the causes of action for breach of contract, bad faith and breach of fiduciary duty, it improperly tossed out the causes of action for negligent and intentional misrepresentation, reformation and unfair compe***ion. We reverse and remand.
In so doing, we caution against the wholesale disposition of a case through rulings on motions in limine. (See Fatica v. Superior Court (2002) 99 Cal.App.4th 350.) No matter how logical a moving party's motion may sound, a judge generally should not be weighing the evidence on a motion in limine. A judge is in the ticklish situation of needing to be efficient, on the one hand, while needing, on the other hand, to give the parties their day in court and let the jury weigh the evidence. While it may be tempting to look at a case in the macro sense, the devil is in the details. The moving party's concerns that the other party may be trying to use evidence for an improper purpose or in a way that may be unduly prejudicial can be addressed by limiting instructions, without taking away the other party's hallowed right to a jury trial. (See Bahl v. Bank of America (2001) 89 Cal.App.4th 389, 395.)
We also express dismay that a court, having eliminated the bulk of a party's evidence through rulings on motions in limine, would then grant motions for nonsuit before a party had the opportunity to make an opening statement or present evidence to the trier of fact." :eek:
Here is his official judicial profile:
MONROE, WILLIAM M., JUDGE, SUPERIOR COURT. Orange County. Appointed April 24, 1996 (succeeding Luis A. Cardenas, retired) by Governor Wilson (oath of office May 15, 1996. Private law practice 1974-96 at McDermed, Monroe & Trebler; Orange County Public Defender’s Office 1969-71. Arbitrator, American Arbitration Association 1966-96 and Orange County Bar Association 1974-1996. Admitted to California Bar June 1966, United States Supreme Court, February, 1972, United States District Court, Central District, June 21, 1966, United States District Court, Northern and Eastern Districts, 1980. J.D. August 1964, Van Norman School of Law, Loyola University School of Law. B.A. 1956 Iona College, New Rochelle, New York. Colonel, United States Marine Corps Reserve (Ret.) Member, Judge Advocate Corps.
Former Member: California Bar Association, Orange County Bar Association, Client Relations Committee, Ethics Committee, Criminal Law Committee and Family Law Committee. Founding President and Board Member of Social Ecology Associates, University of California at Irvine; Member, Dean’s Leadership Council, University of California at Irvine. Adjunct Professor, University of California, Irvine, School of Social Ecology. Former member of the California Public Defender’s Association and California Attorneys for Criminal Justice; Member, Orange County Cons***utional Rights Foundation;
Former Member, Orange County Grand Jury Selection Committee; Member, Superior Court Vision Committee (1998-2000); Member, California Judges’ Association (1996 to Present); Judge, Felony Criminal Trials (1996-2001); Judge Unlimited Civil Jurisdiction (2001-Current); Former member and Chair, Orange County Bench Bar Media Committee (1997-1999); Member and Alternate Orange County Superior Court Executive Committee
(1997-1998), (2001-2002), (2003- 2006); Member, Cons***utional Rights Foundation (1998-Current); Judge, Mock Trial Compe***ion (1996-Current); Judge, Whittier Law School Moot Court Compe***ion; Guest Lecturer, Chapman Law School; Member, St. Thomas More Law Society (1996-Present). Office: Dept. C-11, P. O. Box 1994, 700 Civic Center Drive West Santa Ana, CA 92702-1994 (714) 834-4694 (subject to change) (714) 834-3734 (general number). Email address: wmonroe@occourts.org
http://www.courtinfo.ca.gov/opinions/documents/G032371A.DOC (http://www.courtinfo.ca.gov/opinions/documents/G032371A.DOC)
Here are some nice quotes about the trial:
"The trial court made numerous erroneous rulings that essentially deprived the dealership of an opportunity to put on its case. :p Although the court properly disposed of the causes of action for breach of contract, bad faith and breach of fiduciary duty, it improperly tossed out the causes of action for negligent and intentional misrepresentation, reformation and unfair compe***ion. We reverse and remand.
In so doing, we caution against the wholesale disposition of a case through rulings on motions in limine. (See Fatica v. Superior Court (2002) 99 Cal.App.4th 350.) No matter how logical a moving party's motion may sound, a judge generally should not be weighing the evidence on a motion in limine. A judge is in the ticklish situation of needing to be efficient, on the one hand, while needing, on the other hand, to give the parties their day in court and let the jury weigh the evidence. While it may be tempting to look at a case in the macro sense, the devil is in the details. The moving party's concerns that the other party may be trying to use evidence for an improper purpose or in a way that may be unduly prejudicial can be addressed by limiting instructions, without taking away the other party's hallowed right to a jury trial. (See Bahl v. Bank of America (2001) 89 Cal.App.4th 389, 395.)
We also express dismay that a court, having eliminated the bulk of a party's evidence through rulings on motions in limine, would then grant motions for nonsuit before a party had the opportunity to make an opening statement or present evidence to the trier of fact." :eek:
Here is his official judicial profile:
MONROE, WILLIAM M., JUDGE, SUPERIOR COURT. Orange County. Appointed April 24, 1996 (succeeding Luis A. Cardenas, retired) by Governor Wilson (oath of office May 15, 1996. Private law practice 1974-96 at McDermed, Monroe & Trebler; Orange County Public Defender’s Office 1969-71. Arbitrator, American Arbitration Association 1966-96 and Orange County Bar Association 1974-1996. Admitted to California Bar June 1966, United States Supreme Court, February, 1972, United States District Court, Central District, June 21, 1966, United States District Court, Northern and Eastern Districts, 1980. J.D. August 1964, Van Norman School of Law, Loyola University School of Law. B.A. 1956 Iona College, New Rochelle, New York. Colonel, United States Marine Corps Reserve (Ret.) Member, Judge Advocate Corps.
Former Member: California Bar Association, Orange County Bar Association, Client Relations Committee, Ethics Committee, Criminal Law Committee and Family Law Committee. Founding President and Board Member of Social Ecology Associates, University of California at Irvine; Member, Dean’s Leadership Council, University of California at Irvine. Adjunct Professor, University of California, Irvine, School of Social Ecology. Former member of the California Public Defender’s Association and California Attorneys for Criminal Justice; Member, Orange County Cons***utional Rights Foundation;
Former Member, Orange County Grand Jury Selection Committee; Member, Superior Court Vision Committee (1998-2000); Member, California Judges’ Association (1996 to Present); Judge, Felony Criminal Trials (1996-2001); Judge Unlimited Civil Jurisdiction (2001-Current); Former member and Chair, Orange County Bench Bar Media Committee (1997-1999); Member and Alternate Orange County Superior Court Executive Committee
(1997-1998), (2001-2002), (2003- 2006); Member, Cons***utional Rights Foundation (1998-Current); Judge, Mock Trial Compe***ion (1996-Current); Judge, Whittier Law School Moot Court Compe***ion; Guest Lecturer, Chapman Law School; Member, St. Thomas More Law Society (1996-Present). Office: Dept. C-11, P. O. Box 1994, 700 Civic Center Drive West Santa Ana, CA 92702-1994 (714) 834-4694 (subject to change) (714) 834-3734 (general number). Email address: wmonroe@occourts.org