Chapter 13

On Monday morning at 9:30 Kim appeared at the Orange County courthouse accompanied by Brad. She was puzzled because she had been unable to communicate with Katherine McCarthy, her attorney. For weeks she had been trying to reach her to tell her she was ending her lawsuit but to no avail. So there she was.

Entering the courtroom, she took a seat at the plaintiffs table to the right as she faced the judge’s bench. To her interest and surprise, at the defendants table to the left she saw Sandy Harris and Carol Christian. Apparently, Carol was going to be trying the case for Aerospace Technologies under Sandy’s supervision.

But there was still no Katherine McCarthy. The court reporter appeared and then the bailiff, obviously preparatory to announcing the judge. Just then McCarthy came rushing up to the table and just a moment later the bailiff announced, “All rise!”

The judge came striding in from her chambers. Kim was amazed to see it was Iris Kaplan, the mediator from the meeting the previous fall. So much has happened since then! Kim reflected.

After Judge Kaplan asked if both sides were ready to proceed and was answered in the affirmative, Kim rose to her feet. “Your Honor, I am the plaintiff, Kimberly Kane. May I please address the court?”

“You may,” the judge replied, but then her brow furrowed and she asked, “But didn’t you used to be Candace?”

“Yes, Your Honor,” Kim replied with a small grin, “but I got tired of being a piece of candy. While I admit to having a body with all the curves of a candy cane, I still don’t like the name. It’s Kimberly now, or Kim, which I prefer, Your Honor.”

“All right, Kim,” Judge Kaplan continued. “What can we do for you?”

“Your Honor, I would like to withdraw my complaint and apologize to the court for wasting its time this way—”

“You can’t do that!” McCarthy screamed. “This case must continue to trial! It’s far too important to be dropped. Your Honor, please disregard my client’s statement. She doesn’t know what she’s saying.”

One of Judge Kaplan’s eyebrows rose at McCarthy’s words. “And why, counselor, may your client not withdraw her complaint? She is the plaintiff; you are not. You merely represent her.”

“She cannot because of the contract we have with her,” McCarthy answered smugly. She didn’t realize it, but at that moment she had just buried herself.

“May I see this contract?” the judge asked.

“And may we see it, too, Your Honor,” Carol Christian echoed.

Since McCarthy only had her original, the court reporter went off and made copies. Returning to the courtroom she gave a copy to the judge and to Carol while returning the original to McCarthy. At that point the judge recessed the proceedings for fifteen minutes to provide an opportunity for herself and the defendant’s attorneys to review the document.

When the court was called back to order, Judge Kaplan said, “Ms. McCarthy, you were saying that as a matter of contract, Miss Kane cannot withdraw her complaint. Is that correct?”

“It most certainly is,” McCarthy declared proudly.

“It most certainly is not!” the judge declared harshly. “This contract is illegal and unenforceable. Ms. McCarthy, this contract convicts you and the foundation you’re fronting for of both champerty and barratry. Although very rarely invoked, both are crimes in this and every other state I’m aware of.

“For the benefit of the observers in the courtroom, both of these offenses are very rare; you might not even find the words in a dictionary. Champerty is the sharing in the proceeds of a lawsuit by an outside party — in this case, Ms. McCarthy’s sponsoring foundation — who has promoted the litigation. Barratry is the offense of persistently instigating lawsuits, typically groundless ones.

“I’m sure many of you have seen advertisements placed by trial lawyers looking for plaintiffs. It might be asbestos, or breast implants, or cigarette smokers; it doesn’t matter. Those attorneys are looking for a horse to ride in hopes of a jackpot judgment. But not in this courtroom!” she said, slamming down her gavel.

As she was about to dismiss the case with prejudice, Carol Christian rose. “Your Honor, may I have your permission to address the court?”

“You may, Mrs. Christian,” Judge Kaplan replied. Then with a warm smile she added, “I see you’re appearing this morning on behalf of a new firm.”

“Yes, Your Honor, that is true. Just a couple of weeks ago, I joined the firm of Clifford & Jamison in Los Angeles. I don’t know if you’ve met previously, Your Honor, but my colleague here at the table is the firm’s senior litigation partner, Sandra Harris.”

“I met Miss Harris at your firm’s offices last fall,” Kaplan said. “And for the benefit of the onlookers, I should add that Sandra Harris enjoys the very finest reputation in California’s trial bar. Most important to me is the fact that her ethics and personal honor are utterly impeccable.”