May 26, 2017

"It seems the party that lost is now criticizing opposing counsel for being thorough in defending fundamental rights." After national humiliation, Humboldt County decides to prolong widow Magney's pain


This morning, Judge Dale Reinholtsen heard oral arguments from Ms. Allison Jackson, representing Mrs. Judith Magney, and Humboldt County Counsel Jeffrey Blanck, appearing on behalf of the County.

Judge Reinholtsen has taken the matter under review and has 90 days to issue a ruling.

The issue: the amount of attorney fees Ms. Jackson is asking for which is $194,000 versus what the County is willing pony up which according to the County is $41,000.

"This case is sad for all involved, sad for APS and the County," said Ms. Jackson.

Ms. Jackson told Judge Reinholtsen she was surprised by the opposition filed by the County. "I have not been served with the opposition. I was given a copy of the opposition by a member of the press."

Ms. Jackson also asked Judge Reinholtsen to deny the motion to strike and request for judicial notice.

This case has a long history. There have been a lot of documents filed and  both attorneys kept their oral arguments in court, relatively brief compared to the usual length in civil cases. Mr. Blanck's one argument was longer than Ms.Jackson's initial argument and rebuttal. Very little of Mr. Blanck's oral argument focused on why the County is making it's offer of what is concerned reasonable fees.

In her rebuttal, Ms. Jackson said the County requested a Lodestar breakdown, which was provided.

"I understand Mr. Blanck was not intimately involved in what was going on at this time," she said.

"I am saddened Mrs. Magney continues to be maligned; I am saddened the Apellate Court continues to be maligned" as well as opposing counsel "in the context of this case."

"It seems the party that lost is now criticizing opposing counsel for being thorough in defending fundamental rights."

"This decision is now considered a primer in health care directive."

Attorney fees and costs were awarded to Mrs. Magney by the apellate court. The County was chastised in the decision. The case got national attention, even got attention of the New York Times.

http://law.justia.com/cases/california/court-of-appeal/2016/a145981.html

Observing and representing the Board of Supervisors was Second District Supervisor Estelle Fennell.

No other media was in court.

Previous posts:

http://johnchiv.blogspot.com/2017/02/humboldt-county-vs-magney-case-complete.html?
m=1
(includes previous coverage)

http://johnchiv.blogspot.com/2017/01/california-supreme-court-denies.html?m=1

1 comment:

  1. Were I a taxpayer in Humboldt County I would be offended, outraged and more. I'd want to kick a few people in their backside (figuratively speaking...)

    ReplyDelete