Tuesday, December 17, 2024

Merrick v. Lau (Cal. Ct. App. - Dec. 17, 2024)

“I already rejected those arguments. Okay. I know your client was not happy with my ruling. I mean, she was there, you know, mad dogging me, which didn’t bother me at all. It was almost amusing to see this little Chinese woman stare me down, because she didn’t like the ruling. But again, it’s just business. I didn’t take it personally.”

We can all agree, I think, that the judge's reference to the litigant's ethnicity and gender was unfortunate, unnecessary, and should be avoided. I suspect that even the trial judge, at this point, is of that view.

The Court of Appeal affirms the decision below, which I think is the correct result on the merits.

I also think it made sense to (belatedly) publish the opinion.

Keep those thoughts to yourself. Or, better yet, don't have them in the first place.