Haworth v. Superior Court (Ossakow)

RANDAL D. HAWORTH et al.,

Petitioners,

v.

THE SUPERIOR COURT OF

LOS ANGELES COUNTY,

Respondent;

SUSAN AMY OSSAKOW,

Real Party in Interest.

No.   B204354

(Los Angeles County

Super. Ct. No. SC082441)

California Court of Appeals

Second Appellate District

Division Five

Filed July 28, 2008

ORDER MODIFYING DISSENTING OPINION

[NO CHANGE IN JUDGMENT]

Mosk, J. dissenting:

     It is ordered that the dissenting opinion filed July 10, 2008, be modified as follows:

   Delete the second full paragraph on page 10 of the dissenting opinion ("Lest one . . . ) and in its place insert the following paragraph.

   "Lest one think this an exaggeration, the extent of the disclosure advocated by Real Party in Interest is manifested in a colloquy at oral argument.  Counsel for Real Party in Interest was asked to assume that the partner in the law firm that offered then-recent Stanford Law School honors graduate [later United States Supreme Court Justice] Sandra Day O'Connor a secretarial position had a policy [the firm's policy at that time] of hiring women as secretaries rather than as lawyers.  (Bales, "In Honor of Sandra Day O'Connor" (2006) 58 Stan. L.Rev. 1705, 1706.)  Counsel was asked, in effect, whether that partner would have to disclose that fact 10 or 20 years later, if asked to serve as a neutral arbitrator in a case such as this one.  Counsel for Real Party in Interest replied in the affirmative."

     MOSK, J.