Nov.
2025

A report on where
things
stand



Senate Confirms Tung as Judge of to Ninth U.S. Circuit Court of Appeals… Scherb’s Nomination as Court of Appeal Justice Approved… Superior Court Commissioner Mkrtchyan Elevated to Judgeship


Judges, Lawyers Under Scrutiny

John Charles Eastman
Suspended Attorney, Ex-Trump Advisor

Former Chapman University School of Law Dean John Charles Eastman on Sept. 29 filed with the California Supreme Court a petition for review of the State Bar Court’s June 13 recommendation—echoed on June 13 by the Review Department—that he be disbarred over his role in challenging the results of the 2020 presidential election on behalf of his then-client, President Donald Trump.

The State Bar’s answer to Eastman’s petition is due Dec. 12.

On Sept. 8, the State Bar filed its own petition for review. It is contesting the determination by State Bar Court Judge Yvette D. Roland that Eastman’s remarks at the “Save America Rally” in the District of Columbia on Jan. 6, 2021, were not geared to incite the storming of the Capitol on that date. Eastman answered the petition on Sept. 19 and the State Bar on Oct. 10 filed a reply.

The Review Department concluded that Eastman’s words “establish that he made false and misleading statements, but in no way does he tell the crowd ‘to assault and breach the Capitol’ ” as alleged in the notice of charges.

He was accused of 11 counts of misconduct. It was only Count 11—incitement of a riot—that Roland found unsupported. She determined that he lied to then-Vice President Michael Pence and to the public as to the vice president’s power to delay certification of the presidential election results.

The State Bar has ordered Eastman to pay $55,608.27 in costs.

Thomas V. Girardi
Disbarred Lawyer, Incarcerated Felon

Thomas V. Girardi

The opening brief in the appeal by Thomas V. Girardi of his August 2024 conviction on four counts of wire fraud is due Dec. 26 and the deadline for the answering brief is Jan. 26, 2026. An optional reply brief is due 21 days after the answering brief is served.

U.S. District Court Judge Josephine L. Staton of the Central District of California on Sept. 19 denied a motion by Thomas Vincent Girardi for release on bond pending appeal.

The charges stemmed from failing to pay clients the full amounts of settlement proceeds, perpetrating his crimes, according to the indictment, "by means of material false and fraudulent pretenses, representations, and promises, and the concealment of material facts” which he “had a duty to disclose.”

On June 3, Staton  sentenced Girardi—once wealthy, now impecunious and represented in criminal proceedings by the Office of Federal Public Defender—to seven years and three months in prison. The sentencing occurred on Girardi’s 86th birthday.

Staton ordered that Girardi make restitution in the amount of $2,310,247.26.

Brian Kabatech, Mark Gerogos
Attorneys

Thomas V. Girardi Thomas V. Girardi

More than three years have passed since the State Bar said in a Sept. 27, 2022 news release:

"The State Bar of California’s Board of Trustees Chair Ruben Duran announced today that the State Bar is investigating attorneys Mark John Geragos (State Bar No. 108325) and Brian Stephen Kabateck (State Bar No. 152054) in connection with the Armenian Genocide insurance settlement funds from which dispersals were made in the U.S. and France."

Under fire for its dereliction in failing to act on complaints about Tom Girardi until his dishonesty became manifest and widely reported by the news media, that announcement was made, possibly for sake of publicity. The move could backfire if the two are exonerated for a fourth time—or what would possibly be a fifth time as to Geragos.

The State Bar will not comment on what progress has been made. A spokesperson said on May 30 of last year, in response to a METNEWS inquiry:

“At this time, we can provide no update beyond what was stated in our earlier September 27, 2022 release.”

Kabateck has attained multi-million dollar judgments and settlements; Geragos is a criminal defense lawyer whose clients have included Whitewater defendant Susan McDougal, former Rep. Gary Condit, actress Winona Ryder, and entertainer Michael Jackson.

Kabateck and Geragos obtained a $37.5 million settlement in separate actions against two insurers that failed to pay claims under life insurance policies issued to persons who were slain in the Armenian genocide. Prompted by Los Angeles Times articles suggesting that the lawyers mishandled funds, the State Bar is focusing on what happened to proceeds from a $17.5 million settlement with a French insurer in 2005.

While moneys are missing, the lawyers point out they had nothing to do with the distribution of the proceeds.

Geragos—who has said he will be suing the State Bar—remarked that the State Bar’s mention of Tom Girardi in its news release shows that “all they’re trying to do is deflect” attention from the debacle in failing to take action in response to decades of complaints about Girardi.

Kabateck asserted:

“This is a political stunt by the State Bar.”


Judiciary: Vacancies, Appointments


Ninth U.S. Circuit Court of Appeals

The Senate on Nov. 5 voted 52-45 to confirm President Donald Trump's nomination of Eric C. Tung to serve as a judge of the  Ninth U.S. Circuit Court of Appeals. With his confirmation comes the creation of a vacancy by Judge Sandra Ikuta assumed  senior status.

Tung has served as a law clerk to Supreme Court Justice Neil Gorsuch and the late Supreme Court Justice Antonin Scalia.

There are now no vacancies on the 29-member court.

No vacancies exist..


There are no vacancies.

Court of Appeal

Second District

The Commission on Judicial Appointments on Nov. 17 confirmed Matthew A. Scherb as an associate justice of Div. Eight of this district’s Court of Appeal.

Scherb had been a chambers attorney at the California Supreme Court since 2021 and served as a deputy with the Los Angeles City Attorney’s Office from 2017-21. He replaced Justice Elizabeth A. Grimes who retired.

Sunjay Kumar, who retired as a judge of the Los Angeles Superior Court on July 15, is back as a pro tem member of Div. Five where he served in 2022 and 2012. Originally scheduled to serve until Oct. 17, his assignment has been extended to Dec. 16.

Retired First District Court of Appeal Justice Peter J. Siggins will sitting on a pro tem basis in Div. Two until Dec. 31.

Santa Barbara Superior Court Judge Denise Hippach be assisting Div. Six until Dec. 31.

Superior Court
Los Angeles County

Los Angeles Superior Court Commissioner Karine Mkrtchyan was elevated to a judgeship on Nov. 24.  



 

 

 


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