The July 13, 2010 Minute Order confirms:
- Judge Yaffe deliberately made false statements in his March 27, 2008 Order
that referenced and relied upon a March 18, 2008 Order that did not exist
- Yaffe's false statements made the March 27, 2008 Order a nullity as it relied entirely on a non-existent March 18, 2008 Order.
- Yaffe's deliberate false statements were made to fraudulently induce any subsequent court to rely upon such false statements and base its judgment upon such false statements.
The U.S. District Court, in turn, relied upon the March 27, 2008 Order as a basis for its judgment. The U.S. District Court found at page 19, lines 7-15 (SER 0242) of the Report and Recommendation of the Magistrate Judge, adopted by the U.S. District Court, that “Fine” did not have standing to file a disqualification against Judge Yaffe. The July 13, 2010 Minute Order shows this conclusion to be false.
The U.S. District Court also falsely stated that the March 27, 2008 Order struck both the March 25, 2008 Notice of Disqualification and the March 25, 2008 Code of Civil Procedure section 170.3 Objection to Judge Yaffe (Id., lines 14-15). The March 27, 2008 Order only mentioned the March 25, 2008 Notice of Disqualification and did not mention the March 25, 2008 CCP section 170.3 Objection to Judge Yaffe.
A handwritten note on the March 25, 2008 Notice of Disqualification by Connie L. Hudson, the Deputy Clerk, shows this to be the document stricken as ordered by the March 27, 2008 Order (SER 0083).
The July 13, 2010 Minute Order refers to a March 20, 2008 Minute Order as the actual document striking the February 19, 2008 “Motion to Disqualify L.A. Superior Court Judges Receiving Money from
The March 25, 2008 Notice of Disqualification was based upon the March 20, 2008 Minute Order. (SER 0083-0084.) It showed that if Judge Yaffe believed the February 19, 2008 Motion to be a CCP section 170.3 Objection to him personally, he was bound under the law to strike the motion within ten days of filing. He did not do such and waited until 30 days later consequently causing his disqualification.
IMPACT OF JUDGE YAFFE'S FALSE STATEMENTS:
In summary, 28 months or approximately two and one-fourth years after the March 27, 2008 Order, Judge Yaffe has finally admitted that he deliberately made false statements in his March 27, 2008 Order. Judge Yaffe’s admission of the false statements is crucial to the Habeas Corpus proceeding. The U.S. District Court based its judgment, and relied upon Judge Yaffe’s deliberate false statements. The Ninth Circuit affirmed the U.S. District Court’s decision and the U.S. Supreme Court denied certiorari without questioning Judge Yaffe’s deliberate false statements. Finally, Judge Yaffe does not deny that he and
This information is being sent to the U. S. Supreme Court immediately after being discovered on Pacer in the U.S. District Court case, and prior to being received by mail from the L.A. Superior Court, Judge Yaffe and its counsel in the U.S. District Court case or being received by mail from the L.A. Superior Court in the underlying case.
Please consider this information in your deliberations on the Petition for Rehearing.
Richard I. Fine
Richard I. Fine