Judge who accused lawyers of ‘gender incivility’ denies recuse motion

A judge who accused attorneys of "gender incivility" should recuse himself from the case because his wife is the attorneys' opposing counsel in an unrelated case, they argued.

The judge, Mark Young of Santa Monica, almost immediately denied the request saying California case law does not require recusal in such an instance. Young last month sanctioned the attorneys for improperly seeking a protective order.

The sanctioned attorneys, Vince Finaldi and John C. Manly of Manly Stewart & Finaldi LLP, represent a man who says Michael Jackson molested him over several years when he was a child. The lawyers said they were horrified that Young accused of them of behaving uncivil to opposing counsel because she is a woman. A significant portion of the practice of the Manly Stewart firm is representing women in sexual assault and abuse cases. In fact, the attorneys are liaison counsel for sexual assault victims suing the University of Southern California. Young's wife, Julie Arias Young of Young & Zinn LLP, represents USC officials who are material witnesses in that case.

"By having claims of 'gender incivility' made against Mr. Finaldi and/or Mr. Manly (without a chance to oppose such claims), ... USC would stand to substantially benefit by Mr. Finaldi and Mr. Manly being discredited in having been accused of engaging in such 'gender incivility,'" their law partner, Alex Cunny, wrote in a declaration last week supporting the recusal motion. "The fact that these charges come from the husband of an attorney who specializes in legal representation of USC and its administrators ..., is a matter of grave concern that deserves investigation."

Young promptly denied the recusal request, saying his comments were not worthy of disqualification, and his "wife's position as a lawyer that represents USC and its officials is not disqualifying."

"USC and its officials are not parties or material witnesses in this case," Young wrote. "In addition, there is no contention that the judge is disqualified pursuant to the specific provisions of code of civil procedure..."

Disqualifying financial interests "must be direct," Young said. Simply because Finaldi contends that Young's wife would receive enhanced goodwill from USC if he ruled against Finaldi, does not mean he should recuse himself, Young said, arguing California case law indicates "such alleged relationships or goodwill" are not grounds of disqualification.

The judge did not explicitly address the attorneys' concerns over his "gender incivility" comment.

Young has said Finaldi and co-counsel could be sanctioned more than $3,000 for every time they failed to meet and confer with opposing counsel before filing a motion for a protective order against them. However after given the chance to file a motion in support of sanctions against Finaldi and co-counsel, defendant MJJ Productions Inc. requested they be sanctioned more than $14,000.

The plaintiff Wade 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 led his claims after his 26th birthday, and after the statute of limitations for such a claim passed.

However on Jan. 1, the law governing statutes of limitations was amended to allow a victim to bring claims of childhood sexual assault against third-party nonperpetrators until the victim's 40th birthday. As a result, a 2nd District Court Appeal panel revived the suit. Wade Robson v. MJJ Productions Inc., BC508502 (L.A. Sup. Ct., filed May 10, 2013)

A hearing regarding the sanctions is scheduled for Oct. 16.