William J. Lafferty III
How Judge Lafferty rules, drawn from 5 signed orders. Every observation links to the order it came from.
How Judge Lafferty decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He applies claim and preclusion rules with attention to whether the affected party had fair notice and a meaningful opportunity for review.
“the opportunity for appellate review is important under California law.”
Cautions
A sanctions request should be raised promptly and requires more than the fact that the opposing party lost.
“Rule 11 sanctions should not be assessed against a party merely because the party unsuccessfully asserted a claim or a defense.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant’s Motion for Summary Judgment is denied.”
“the Quinoneses have established the absence of a genuine issue of material fact with regard to the Boards § 523(a)(4) claim and they are entitled to judgment as a matter of law.”
“this Court finds debts' of $200,000 (August 15,2007), $100,000 (August 27, 2007) and the $100,000 (May 20, 2008) non-dischargeable under 523(a)(2)(A). The facts concerning the $50,000 (December 10, 2007) do not support a determination of non-discharge-ability”
“the Quinoneses’ Counter Motions for Sanctions are DENIED.”
“For all of the foregoing reasons, the Debtor's Objection is overruled.”
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Lafferty, and what has not, cited to the signed orders.
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