Cyrus Sanai tells Patterico that his triggering an investigation of Judge Alex Kozinski’s web site is all “part of a litigation strategy” but does not reveal what the other two steps of his three-step strategy is, or more insight into his strategic genius.
You may recall the previous post where I discussed criticism of Sanai from Judges Zilly (W.D. Wash.) and Grimes (L.A. Superior Court).
On Patterico, Cyrus Sanai has made available his brief arguing why Zilly’s sanctions order was incorrect. We highly recommend everyone read it, as the brief gives experienced attorneys a strong sense of the merits of Sanai’s arguments.
As for Judge Grimes, Sanai correctly points out that the decision was reversed, thanks to a couple of procedural technicalities caused by California Supreme Court confusion over the difference between “void” and “voidable” jurisdiction. Sanai protested that Judge Grimes (like Judge Zilly, and like Judge Thibodeau (Snohomish County, Wash.)) was biased, and the appellate court agreed to reassign the case on remand. (The appellate court did not make a finding of bias, and says they reassigned based on § 170.1(c), which does not require a finding of bias, but Sanai insists that the reassignment was due to bias.)
Sanai v. Saltz was reassigned to Judge Thomas Green (L.A. Superior Court). Unfortunately for Sanai, the results were worse than they were under the allegedly biased Judge Grimes. Judge Green found that Sanai engaged in litigation in bad faith and for purposes of harassment, and, on September 6, 2007, awarded attorney’s fees in the amount of $1,003,426.25:
It is Defendants’ position that [Sanai's] entire action had no legitimate purpose, and was filed merely for purposes of harassment, and in bad faith. That much is apparent. Keep in mind, this entire case started because Plaintiff’s landlord sent a letter purporting to (lawfully) raise his rent. It contained an obvious typographical error inasmuch as it proposed a rent lower than the amount Plaintiff had been paying, even while apologizing for raising the rent. …
Plaintiff has been litigating this case for about seven years, all because he attempted to seize on this obvious typographical error.This court specifically finds that this entire action has been prosecuted and maintained in bad faith and for the purpose of harassment.
[Sanai] knew at the outset that there was no merit to any of his claims. He has admitted to such in deposition. No reasonable person would have thought he had a valid lease agreement under the circumstances. Plaintiff knew he had no reasonable belief that his rent had been lowered. Thus, he has always known that he owed a legitimate debt, because he knowingly and deliberately underpaid his rent. The debt that was reported to the credit agencies was indisputably valid. Therefore, Plaintiff’s action was frivolous and without merit.
Further, Plaintiff’s prosecution of this matter has been malicious, as evidenced by, among other things, the altering of documents presented to the Clerk’s office and the recording of illegal judgment liens with malice, and then refusing to remove them despite being ordered by the Court to do so. …
In the 35 years this Court has been actively engaged in litigation, 20 as an attorney and 15 as a Judge, this Court has never seen such an abuse of process as the prosecution by Plaintiff of this lawsuit.
In the comments, Sanai says that Judge Green is also biased against him, and that he will prevail on appeal.
One has much sympathy for Cyrus Sanai, who has suffered the extraordinary misfortune of four trial judges in three different jurisdictions who are biased against him, and that does not include the appellate judges like the Chief Justice of the Washington State Supreme Court, Gerry Alexander; Washington State Court of Appeals judges Marlin Applewick, Anne Ellington and William Baker; or Judge Kozinski on the Ninth Circuit, all of whom Sanai has accused of bias. We wish that a just result is reached in Sanai’s various appeals, and pray that a just result is reached if a California legal disciplinary body ever decides to investigate what biased judges have been saying about Sanai.
Update: We have posted Mr. Sanai’s brief to the California Court of Appeals appealing, inter alia, the sanctions order.