Judge says he will sanction lawyer, alleges 'gender incivility'

A superior court judge said he will sanction an attorney who he believes displayed "gender incivility" in his behavior toward opposing counsel, a woman who is defending the Michael Jackson production company in a suit alleging it enabled child abuse. The attorney said he disagreed and took offense at the judge's comment.

The attorney to be sanctioned Vince W. Finaldi of Manly Stewart & Finaldi LLP, said he will further appeal to Los Angeles County Superior Court Judge Mark A. Young to rescind the "gender incivility" accusation.

"You don't make such a strong allegation against an attorney on the record without having the evidence of it," Finaldi said in a phone interview Monday. "I said, 'Your honor, all I do is represent victims of harassment and abuse for a living; most of whom are women... I represent hundreds of women in other litigation throughout the U.S."

Young tentatively ruled on Sept. 24 that Finaldi improperly sought sanctions and a protective order against the opposing attorney, Suann MacIsaac of Kinsella, Weitzman, Iser, Kump & Aldisert LLP, and unjustifiably accused her of coaching a third-party witness and encouraging witness hostility during a deposition.

"Plaintiff's counsel's statements made at other depositions regarding Ms. MacIsaac, including statements regarding her alleged lack of legal experience or ability as an attorney, belittling of her appearance ('red in the face'), making allegations regarding her emotional state and excessive breathing, and general dismissiveness will not be tolerated by the court and could appear to indicate gender incivility," Young wrote.

The judge said Finaldi cut the deposition short without stating he was seeking a protective order against defense counsel MacIsaac, who represents MJJ Productions. Finaldi also failed to properly meet and confer with her before filing his motion seeking over $8,000 in sanctions, the judge said.

A hearing for the amount of sanctions is set for Oct. 16.

While MJJ Productions did not request sanctions against Finaldi, Young said in his tentative ruling he is obligated to impose them against "any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order."

The plaintiff Robson, 38, featured in the 2019 documentary "Leaving Neverland," claims that starting in 1990 and continuing over the next seven years until he was 14, Jackson sexually molested him. Robson filed the lawsuit in May 2013, when he was 30 and named Jackson's corporations MJJ Productions Inc. and MJJ Ventures Inc. as third-party non-perpetrator defendants.

Robson's complaint accuses the corporations of intentional infliction of emotional distress; negligence and negligent supervision, among other claims. However in 2017, the corporations moved for summary judgment on statute of limitations grounds. The trial court granted the motion because Robson filed his claims after his 26th birthday, and after the statute of limitations for such a claim had passed.

However on Jan. 1, 2020, the law governing statutes of limitations was amended to allow a victim to bring claims of childhood sexual assault against third-party non-perpetrators until the victim's 40th birthday. As a result, a 2nd District Court of Appeal panel revived the suit.

MacIsaac did respond to a request for comment.