Attorneys with Klinedinst and Lewis, Brisbois, Bisgaard & Smith misused “Interlocutory” and “Unrelentless” in response to a motion to stay a district court proceeding while the Ninth Circuit decides the fate of an earlier order granting the attorneys up to $450 per hour for proceeding on a void complaint.

The complaint had a claim that is indisputably derivative. It was written by someone who is not authorized to practice law. Courts uniformly forbid derivative actions to be advocated by someone who is not an attorney. All pleadings and everything arising from the pleading is void. It is null. It is of no effect.

After the complaint was withdrawn, which was ceremonial, since the complaint was void, the sneaky attorneys claimed that withdrawing the complaint supported the presumption that their clients were the prevailing party, and a fee shifting statute applied.

Judge Janis L. Sammartino agreed. Judge Todd W. Robinson agree. Judge Linda Lopez agreed.

The order to pay tens of thousands in attorney fees to the represented party, who are themselves attorneys who were being sued for malpractice, is on appeal.

There was a second order issued about further attorney fees on the same exact issue. That order denied attorney fees for one of the reasons the first batch of fees should have been denied. Then the judge, Linda Lopez, sua sponte gave the $450 per hour attorneys representing attorneys against a pro se litigant leave to file an amended motion that fixed their mistake.

That order is under appeal now, also.

The attorneys, who charge 10 times as much as a good carpenter, but only half as much as a decent prostitute, opposed the motion for stay and to consolidate the appeals. They called the woman who was defending herself from a judgment that will be in excess of $100,000 “unrelentless”. They referred to the post-judgment motion for attorney fees as “interlocutory”.

You’ve probably guessed the pro se lady is me. Here is the reply I filed yesterday. I’ve been falling behind on the FREE Doc of the Day, so I’m doubling up to catch up.