Bernie, responds to MOM’s Motions for Sanctions, he manages to avoid the most of the issues, and insult and call MOM a liar. MichaelnotMike has an interesting take:
Lawyers always have to be cognizant that they do NOT do anything to piss off a Judge. Lawyers have to be respectful, never finger wag, and always fall on the sword even if the Judge clearly made a mistake.
See for example where in the Reply MOM West seem to be telling the Judge what is important for her to do on a motion to reconsider. They also imply that the Judge’s original Order was flawed because she FAILED to do her job.
Judge Nelson like all Judges takes offense when lawyers show disrespect. In fact, I recall reading some transcript of a hearing in this case. As I recall Judge Nelson made a statement about what she understood the issue to be. MOM responded something like “No, no, no, no” to indicate that was not the issue. Judge Nelson retorted “Please don’t tell me no, no, no no.”
Despite all his bumbling in the courtroom, even Crump is aware of that concept that you always show proper respect to the Court, whether personally appearing or in filed pleadings. He may have sounded moronic when he said “Yes ma’am, your honor” (you don’t address Judges as “sir” or “ma’am”) but Crump was showing the Court proper respect, which is all that counted.
That’s far better than, for example, addressing the Court as “Judge.” A lawyer never is supposed to say, for example, “Yes Judge, we filed that paper yesterday.” Referring the the Court as “Judge” is considered an insult. The proper form is “Yes Your Honor, we filed the paper yesterday.” Or “If the Court will allow me additional time I can…”
The point is, IMO Judge Nelson might be slightly angered at MOM West disrespecting the Court. In other words, she might already be pissed off at MOM West, so what the hell, they might as well file any papers they want.
Accordingly, Michael is not surprised at the denial, the Judge has shown that it arrogant and does not like to be shown off, curious that she allows BDLR so much latitude.