Bahman-Vincent v. Creative Growth Art Center, Inc.

Summary

The United States District Court for the Northern District of California struck Plaintiff Haideh Bahman-Vincent’s declaration and 46 exhibits because they contained improper legal conclusions and were not properly authenticated or presented for consideration on motions for judgment on the pleadings. The court granted Plaintiff one final opportunity to file an opposition addressing one or both motions and citing specific complaint paragraphs. The court also ordered Plaintiff’s counsel, David Michael Syme, to show cause why he should not be personally sanctioned and referred to the court’s Standing Committee on Professional Conduct for repeated filing and compliance violations.

Holdings

1. The court struck Plaintiff's declaration and exhibits because the declaration contained significant improper legal conclusions and the exhibits were not properly authenticated or presented through a request for judicial notice. In addition, evidence extrinsic to the pleadings may not be considered on a motion for judgment on the pleadings unless the motion is converted to one for summary judgment.
2. The court granted Plaintiff one final opportunity to file an opposition addressing one or both motions, focusing on the sufficiency of the pleadings and citing the specific complaint paragraphs supporting each cause of action.
3. The court ordered counsel David Michael Syme to show cause why he should not be personally sanctioned $1,000 and reported to the court's Standing Committee on Professional Conduct based on repeated failures to meet filing deadlines and comply with court orders.

Questions Presented

1. Whether Plaintiff's declaration and exhibits were properly considered in opposition to motions for judgment on the pleadings.
2. Whether Plaintiff should receive one final opportunity to file a compliant opposition to the motions for judgment on the pleadings.
3. Whether Plaintiff's counsel should be ordered to show cause why personal monetary sanctions and referral to the court's Standing Committee on Professional Conduct should not be imposed.

Disposition

other