YASARETH VILLASENOR vs. SAMUEL BETTENCOURT - Craig Mackie we believe is the attorney of record for the defendant in this matter per the Los Angeles court online case summary.
Massive sanctions of $3500 are being ordered against attorney Craig Mackie in a tentative ruling by a Los Angeles County judge. The cause is Mackie pursuing a frivolous motion with no legal support.
From the ruling this is what happened:
This is an auto accident case. Mr. Mackie represented the defendant.
Typical discovery involves depositions, subpoenas for medical records, requests for admissions, requests for documents, and answering written questions.
This is very basic. First year attorneys have this figured out.
But, apparently not Craig Mackie, Esq.
He filed a motion demanding that the plaintiff sign an authorization to have her medical records released.
Why?
All Mackie had to do was subpoena the records. If the medical provider refused he could then spend time on a motion compelling the medical provider and seeking sanctions. There was no reason to bring a motion against the plaintiff.
Worse ... as the judge noted, attorney Craig Mackie had "no relevant authority" in support of his motion.
There is no discovery process to require someone to sign a document.
The judge noted there is "ample" legal authority that a court cannot make-up or create new methods of discovery.
Finally, the court said attorney Mackie filed the motion "without substantial justification."
The judge then imposed sanctions against Craig Mackie for $3500.
From the ruling this is a real head scratcher in our opinion. Is attorney Craig Mackie really this incompetent?
Updates: The tentative ruling of $3500 in sanctions was made a final order by the court.
It appears Raffalow, Bretoi and Adams is the Mercury Insurance Law Office. It is not an independent private law firm. So sorry if you are insured by Mercury. We saw another recent sanctions order against the firm.
Are in-house insurance attorneys any good?
Craig Mackie was admitted to the California Bar in 2003. Bar Number 228386.
Per California State Bar Records:
Law Offices Of Clasen Raffalow & Rhoads
1000 Lakes Drive Suite 350
West Covina, California 91790
Per pleadings filed by Mackie in the above case:
Raffalow, Bretoi and Adams
1000 Lakes Drive Suite 350
West Covina, California 91790
Law School: Western State