In the filing, Rhodes claims the biggest tell of the disqualification motion regarding Judge Alarcon was that Ciani filed it “after the jury found against her client. This delay reveals the true motivation underlying Plaintiff’s motion: to salvage Ms. Ciani’s reputation by deflecting blame for her own shortcomings at trial and generate further publicity for Plaintiff.”
Along with raising her disqualification qualms too late, Rhodes claims that nothing about Judge Alarcon’s conduct during the trial should raise any doubts over whether he was impartial. Rhodes, for instance, repudiates what he called Ciani’s “false ” allegation that he tried to curry favor with Judge Alarcon by “name-drop[ing] Mark Zuckerberg as a prior client” during an off-the-record meeting.
“Ms. Ciani implies that after Plaintiff’s mother issued these inappropriate threats, Judge Alarcon needed to inform and discuss with her the impact of Plaintiff’s mother’s threats against him on his ability to remain fair and impartial,” Rhodes writes. “She cites no legal authority for this supposed duty, and there is none. It was Plaintiff’s responsibility to raise any concerns regarding Alarcon’s ability to remain fair and impartial as soon as possible.
Additionally, the filing contends that Judge Alarcon was fair in his handling of evidence. Rhodes says the defense properly laid the groundwork for admitting certain evidence that the Plaintiff objected to . But Rhodes suggests Ciani did not do the same when trying to include certain video clips in her opening statement.
Furthermore, Rhodes hammered Ciani for ostensibly trying to accuse the judge of bias as a way to cover her own alleged shortcomings in court, especially as the judge kept validating the defense’s objections throughout the trial. In the filing, he says all those sustained objections, Rhodes states, didn’t show bias but rather “a poor command over the rules of evidence from Plaintiff’s counsel.
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