Martinez

I. INTRODUCTION

This is a case of egregious attorney misconduct. That word—egregious-—is difficult to write, but nothing else seems adequate. Blessed with a trial judge who allowed it, trial counsel ran roughshod over opposing counsel and the rules of evidence. We have no choice but to reverse.

Generally, what happened is this: Defendant’s attorney, Karen Bilotti, would ask a question in clear violation of the trial court’s in limine orders. The question would usually have the effect of gratuitously besmirching the character of plaintiff Donn Martinez. An objection from Martinez’s counsel would follow. The trial court would sustain the objection. Bilotti would then ask the same question again. The trial court would sustain the objection again. And the same thing would happen again. And again. And again. And again.

Because of the cumulative effect of Bilotti’s misconduct, we must reverse the judgment Bilotti obtained on behalf of her client, Department of Transportation (Caltrans). (See Gackstetter v. Market Street Ry. Co. (1933) 130 Cal.App. 316, 325-327 [ 20 P.2d 93 ] [cumulative effect of attorney comments constituting misconduct required reversal].) While Judge Di…