Tuesday, September 18, 2012
C.A. Finds No Judicial Bias Based on Slip-of-the-Tongue
By a MetNews Staff Writer
The Court of Appeal for this district yesterday affirmed the denial of a motion for modification of child and spousal support payments, rejecting the former husband’s contention that the trial judge was biased against her based on her gender change.
Justice Steven Perren wrote the opinion for Div. Six. It was not certified for publication.
Perren detailed how the appellant, Kerri A. Galgas, had misrepresented her finances, and concluded that Ventura Superior Court Judge Roger Lund did not abuse his discretion in finding a lack of changed financial circumstances.
Responding to the contention of judicial bias, Perren said:
“Kerri’s claim that the court acted out of prejudice and animus in denying her motion warrants little discussion. According to Kerri, the court’s prejudice is reflected in the fact that it erroneously used the male pronoun in referring to her at the conclusion of the hearing. From the record, it would appear that the court simply misspoke and corrected itself after counsel pointed out the error. Kerri offers nothing to support a contrary conclusion. Suffice to say that no prejudice or animus can be reasonably inferred from this brief, isolated, and manifestly innocuous incident.”
The jurist related in a footnote:
“Kerri, formerly Gary, underwent gender reassignment surgery after the petition for dissolution of the marriage was filed.”
The case is In the Marriage of Galgas, No. B234394.
Copyright 2012, Metropolitan News Company