Wednesday, December 19, 2018
Page 3
Court of Appeal Imposes $31,000 Sanction on Lawyer
Christopher G. Weston Found to Have Violated Appellate Rules, Filed Frivolous Appeal, Insulted Trial Judges in His Brief; $810,000 Malpractice Judgment Affirmed
By a MetNews Staff Writer
The Court of Appeal for this district yesterday imposed sanctions amounting to $31,015 on a mid-Wilshire attorney who violated appellate rules and whose appeal of a $808,620 judgment against him based on incompetent legal representation was frivolous, compounded by denigration of the trial judge in his brief.
Christopher G. Weston of Western Law Connection Group was ordered to pay $22,515 payable to former clients who sued him for purporting to have the ability to handle probate and unlawful detainer matters, when he didn’t, and $8,500 payable to the court clerk based on time wasted on his appeal.
Tricia Bigelow of Division Eight said, in the unpublished opinion:
“Weston appealed, but filed an opening brief and voluminous appellant’s appendix that violated numerous procedural rules. In particular, his 66-page opening brief only included a handful of record citations on a few pages, which has completely prevented us from assessing his numerous claims of error. He has therefore failed to carry his burden to show reversible error on appeal, and we affirm. We deny respondents’ pending motion to dismiss the appeal but grant their motion for sanctions.”
Can’t Be Overlooked
She commented:
“Were the record different, we might be inclined to overlook Weston’s dramatic appellate shortcomings, perhaps attributing them to an overworked and understaffed attorney. That does not excuse these violations, but perhaps it would explain them. Yet, the trial court’s findings tell an unfortunate story of deception and recalcitrance: Weston intentionally defrauded plaintiffs, causing the loss of their valuable family business, and purposefully withheld evidence, no doubt to conceal his fraudulent conduct. The trial court found his behavior ‘despicable.’ Considering that he has not substantiated his claims on appeal and he has personally attacked the trial judges—even after the trial court has sanctioned him twice—the ineluctable conclusion is that this pattern continues.”
Soussan Bruguera was the judge who handled proceedings in the case through the trial. A week before Bruguera’s retirement on Dec. 15, 2016, the case was reassigned to Judge Monica Bachner.
Lambastes Judges
Bigelow quoted from Weston’s brief, indicating that the errors were in the original. He declared “that the record in this case evidence multiple examples of incompetence, bias and error on part of the trial judges adjudicating this action that denied the Defendants of their due process” and charged that “the record is replete with evidence of judicial incompetence and bias from the inception of the honorable Judge Bruguera’s administration of this.”
Bigelow remarked:
“Of course, he provides no support for these claims, despite claiming the record is “replete” with such evidence. He is simply upset that the trial judges repeatedly ruled against him. It is completely inappropriate to direct a wholly unsupported and frivolous personal attack on the trial judges who, by all appearances, fairly and methodically responded to his repeated failures and deceptive behavior throughout the proceedings.”
Weston and the court clerk were each directed to send a copy of the opinion to the State Bar once the opinion becomes final.
The case is Estate of Kim v. Weston, B281109.
Disciplinary History
Weston in 2012 was suspended from law practice for a year, with the suspension stayed, and was placed on two years of probation. He had employed a retired lawyer, who provided services, and held himself out as a practicing lawyer.
One client discovered the deception and demanded a refund, which he received, but after a 17-month delay.
In 2010, Weston was suspended for two years, which was stayed; he was placed on three years of probation; and he received a 90-day actual suspension. The action was the result of 10 admitted acts of professional misconduct in three matters.
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