LA judge accused of racism against Asian jurors, witnesses, lawyer

A Los Angeles County trial court judge was accused in a court filing of racial hostility to prospective jurors, witnesses and an attorney of Asian heritage in a 21-year-old breach-of-contract case between five brothers in which billions of dollars are at stake.

"Judge Susan Bryant-Deason has engaged in a stunning display of rampant judicial misconduct that has eliminated any possible appearances of impartiality during the current trial proceedings," defense attorney Rick L. Richmond wrote in Haresh Jogani's 21-page motion to disqualify Bryant-Deason. Richmond and his colleagues with Larson LLP submitted more than 600 pages of exhibits and declarations in support of the motion, which they filed hours before the jury began deliberations.

"This has taken the form of overt racial animus, degrading hostility to defense counsel, fiercely partisan attacks against defense witnesses, repeated statements reflecting a prejudice of the case, one-sided application of trial rules and improper ex parte communications with opposing counsel. The results have been a fundamentally unfair trial process that lacks any semblance of due process," Richmond continued.

Richmond filed motions for mistrial on Oct. 12 and Nov. 27; and Jan. 9, 26 and 29.

"Judge Susan Bryant-Deason has steadfastly refused to consider or rule on any of these motions," Richmond wrote. "The case will soon be sent to jury, and following its verdict, the court will need to decide multiple equitable issues that are potentially case-dispositive. If this case is left in Judge Bryant-Deason's hands, the inevitable result will be a miscarriage of justice and an outcome that stands no chance of surviving an appeal."

Emailed requests for comment to Bryant-Deason and Presiding Judge Samantha P. Jessner were forwarded to the Los Angeles County Superior Court's communications office, which responded: "Pursuant to Canon 3B(9), no California Superior Court judge can comment on a pending or impending matter."

Bryant-Deason is expected to file an answer to the motion.

Attorneys Steven R. Friedman and Michael E. Friedman, who represent plaintiff Shashikant "Shashi" Jogani, filed their opposition to the Jan. 9 motion for mistrial on Feb. 16. Steven R. Friedman has said that the defendant's team have employed "some tactical maneuver" to thwart efforts to resolve the matter in a timely manner. Asked if Richmond's filing was such an example, Friedman nodded "yes." He denied Richmond's assertion of improper ex parte communication with the judge, saying that did not happen.

"We're working on preparing a very significant response," Friedman said. "I've done this for 42 years. I thought this judge's behavior was exemplary, and she had the patience of Job. She granted them all kinds of things in order to bring the matter to a conclusion."

The case was filed in 2003. Jury trial began in October. Richmond filed his motion on Friday, after he concluded his closing argument on behalf of Haresh.

"We believe the timing [of the motion] was strategically planned. It makes assertions with respect to the case which date back 5 months," attorney Lawrence C. Ecoff said. "We think the statements are egregious, unfounded and without basis of fact for an outstanding jurist who has been on the bench for decades."

Ecoff is a founding partner with Ecoff Campain & Kay LLP. He represents cross-complainant Shailesh Jogani.

Shashi accused his brother, Haresh, of pushing him out of a real estate partnership worth an estimated $1.3 to $1.7 billion. Shashi said he had an oral agreement with his four brothers to purchase properties in California following the collapse of the real estate market and the 1994 Northridge earthquake, both of which nearly wiped him out financially.

Shashi used loans from his brothers Haresh, Jaresh, Chetan and Shailesh Jogani to get started again. He purchased and rehabilitated hundreds of apartment units on their behalf, and claims he was to get 50% ownership following repayment of the loans and 12% interest. But Haresh said they did not have any such agreement and allegedly locked Shashi out of the companies that he built, according to the plaintiff's filings. Closing arguments began Feb. 7. Richmond moved to disqualify Bryant-Deason on Feb. 15. Jogani v. Jogani et al., BC290553 (L.A. Super. Ct., filed Feb 18, 2003).

Richmond's filing says the judge attacked prospective jurors of East Asian descent: She berated them to "learn English," and "threw the prospective juror's written questionnaire in the air with a display of disgust."

The transcript does not convey Bryant-Deason's "sheer hostility," which was also evidenced by her tone of voice and body language, Richmond's colleague, John S. Lee, wrote in a declaration in support of the motion to disqualify the judge.

"I think back with regret that I did not attempt to defend these individuals from abuse at the hands of the judicial officer who is supposed to occupy a position of public trust," Lee wrote. "At the time, I felt constrained from acting based on my ethical obligation to not jeopardize my clients' interests in this case."

Also of East Asian descent, Lee was subjected to "degrading and openly hostile treatment" as well, according to the motion.

"Judge Bryant-Deason has routinely sighed, rolled her eyes, and thrown up her hands in revulsion while Mr. Lee speaks, including in front of the jury," Richmond wrote.

"Judge Bryant-Deason has yelled at him on multiple occasions. Judge Bryant-Deason has also frequently made a show of shuffling her papers and walking around to talk to her clerk while Mr. Lee speaks. During one sidebar conference in chambers, Judge Bryant-Deason altogether walked out of the room while Mr. Lee was in mid-argument. When she returned to find Mr. Lee continuing with his argument, Judge Bryant-Deason mockingly pantomimed playing a violin while swaying side-to-side."

Lee's declaration in support of the motion said Bryant-Deason intervened during his direct examination of a witness who worked for an entity owned by his client, Haresh Jogani, and demanded that he identify cross-complainants Rajesh and Chetan Jogani, who were sitting in the courtroom.

"Identify them, please," the judge said, according to an excerpt from the transcript included in the filing.

"Rajesh Jogani and Chetan," the witness responded.

"Point out who Rajesh is, who is Rajesh. Which one? Don't raise your hand. You're as bad as your lawyer. Don't do that. Okay. Go ahead," Bryant-Deason replied.