A lawsuit by Tamman against Nixon Peabody LLP, where he used to be a partner, will go forward following a Sept. 30 ruling that the action does not implicate protected activity within the meaning of the anti-SLAPP law.
Div. Two agreed with Los Angeles Superior Court Judge Maureen Duffy-Lewis that Tamman’s claims for breach of contract, breach of fiduciary duty, and intentional interference with business relations arose from the firm’s alleged breach of the partnership agreement. Nixon Peabody argued unsuccessfully that the suit was a challenge to its constitutionally protected decision to cooperate with the Securities and Exchange Commission in its investigations of Tamman and a client.
Tamman is free on appeal after having been sentenced to seven years in prison following his Nov. 13, 2012 conviction in U.S. District Court. Following a two-week bench trial, Tamman was found guilty of one count of conspiring to obstruct justice, five counts of altering documents, one count of being an accessory after the fact to his client’s mail and securities fraud crimes, and three counts of aiding and abetting the client’s false testimony before the SEC.
The client, former fund manager and radio personality John Farahi, was sentenced to 10 years in prison for running the scheme, which involved false promises that investors’ money—more than $24 million was collected, prosecutors said—would be invested in corporate bonds backed by the Troubled Assets Relief Program.
Tamman, who had left the firm while the SEC was investigating, contends in his complaint that he was “thrown under the bus” by the firm, so that his partners could get their hands on his $1.5 million book of business.
Tamman’s interim suspension from the State Bar took effect Feb. 18 of last year. An additional suspension for not paying bar dues took effect last July 2.

Christopher Garcia
Deputy City Attorney

There are no vacancies.

Judge Audrey B. Collins retired Aug. 1 to join the state Court of Appeal.

Stanford Law School professor Mariano-Florentino Cuellar was confirmed by the Commission on Judicial Appointments Aug. 28 to succeed Justice Marvin Baxter, who announced June 18 that he will not seek retention in November’s election. If confirmed by voters on Nov. 4, he will serve a full 12-year term.
Justice Joyce L. Kennard retired April 5.

Judge Leslie A. Dunn sat for the last time Oct. 17 and will retire Nov. 10. Thirteen deputy district attorneys were elected to the court June 3 and will take office Jan. 5. Amy Carter will succeed Judge Michael Solner, who retired in February; Carol Rose will fill the seat last held by Judge Ronald Sohigian, who retired in April; Shannon L. Knight will fill the seat now held by Judge Lance Ito; Chris J. Frisco will succeed Judge Joseph DiLoreto, who retired July 31; Alison Matsumoto Estrada will replace Judge Harvey Giss; Ann H. Park takes the seat of Judge Arthur M. Lew, who retired Oct. 15; Serena R. Murillo will fill the post now held by Judge Daniel Lopez; Teresa Pineda Magno succeeds Judge David Milton, who retired in February; Joan M. Chrostek will replace Judge Bob S. Bowers Jr.; Stacy Wiese will fill the seat last held by Judge R. Bruce Minto, who retired in March; Carol Najera will replace Judge James B. Pierce, whom she defeated; Donna Hollingsworth Armstrong will take the seat formerly held by Judge Carlos Uranga, who retired in April; and Andrew Cooper will succeed Judge Jessica Perrin Silvers, who retired in February.
Judge Janice Croft retired Feb. 18, Judge John Meigs March 7, Judge Candace Beason April 15, Judge Wendy L. Kohn June 6, and Judge James Steele Sept. 30. Steele recently joined ADR Services.
Vacancies created last year that have not been filled include the seats of Judge Charles W. McCoy, who retired Sept. 1, and Judge Cynthia Rayvis, who took disability retirement Aug. 22 and died Dec. 28.
There is a vacancy in a position that the Legislature authorized but has never funded, and five commissioner positions have been converted to judgeships that have not yet been filled.
Presiding Judge David Wesley said he will ask to convert seven more commissioner vacancies—resulting from the retirements of Commissioners James Endman, Anthony Jones, John Green, Carol Halowitz, and James Copeland, as well as the appointments of Joel Wallenstein and Lloyd Loomis to judgeships—to judgeships. Another commissioner, Louise Halevy, is on long-term sick leave.
Among those whose names have been sent to the JNE Commission as possible appointees to judgeships are South Pasadena attorney Mark S. Priver; Deputy District Attorneys Kevin Stennis, Candace Foy Smith, Leonard Torrealba, Kathleen Tuttle and Brentford Ferreira; Santa Fe Springs criminal defense attorney Lillian Vega Jacobs; Court of Appeal staff attorneys Frank J. Menetrez, Kenneth E. Roberson and Kim Nguyen; Superior Court Commissioners Anthony Trendacosta, Collette Serio, Marilyn Kading Martinez, Robert Kawahara, Alan Rubin, Emma Castro, Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, Dennis Mulcahy and Kenneth Taylor; State Bar Court Judge Richard Honn; Deputy County Counsel and Julie Ann Silva; Glendale attorney Kenneth Wright; Los Angeles attorneys Timothy Martella and Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.
The name of Ed Chau was sent to the commission prior to his election to the state Assembly.
Three new commissioners, Nicole Heeseman, Terry Truong, and Terrance Lewis, were elected Sept. 29. Lewis is sitting in criminal Department 113 in Van Nuys, Heeseman is hearing unlawful detainers in Long Beach Department S12, and Truong is hearing dependency matters in Department 413 at the Edelman Children’s Court in Monterey Park.
Truong’s name was previously sent to the JNE Commission as a possible judicial appointee.
Commissioner Douglas Haigh retired Sept. 27.

The Legislature was in recess during October. It will return to session in December.