MONTANARO v. CITY OF CATHEDRAL CITY

[admin]

This is a sad ending to a case that should have gone the other way. MONTANARO lost because she waived her arguments, not because the law was not on her side. Of course some of her appellate arguments were dead wrong such as her Jarkesy argument as this law only applies in federal court.

https://scholar.google.com/scholar_case ... s_sdt=2006

She was uninformed but was on the right track when she was in trial court. This case was lost because defendant did not say the magic words in trial court and the Court of Appeal did not give her a break.

1. Arthur Hester was a commissioner, not a temporary judge. He had no right to opine on major issues of law such as constitutional issues.

2. Arthur Hester was permitted to act as a temporary judge with stipulation of parties litigant (because she failed to object to a commissioner and failed to file a notice of non stipulation, and a motion for non stipulation).

3. MONTANARO was the defendant in trial court. Defendant and appellant, but since it was a trial de novo, and not an appeal, she was defendant.

More to come shortly. This is a case study on every issue a pro per should have done but didn't in fighting an administrative citation.