Stephen Yagman v. Republic Insurance Cna Insurance Valley Forge Insurance

Bad Law
93 Daily Journal DAR 2897·987 F.2d 622·1993 WL 54583·25 Fed. R. Serv. 3d 717·1993 U.S. App. LEXIS 3545
United States Court of Appeals for the Ninth CircuitMarch 4, 199391-55871California3,960 words

Opinion

Opinion

Hug, J.

Attorney Stephen Yagman appeals from two orders of the district court for the Central District of California: (1) denying a motion to recuse Chief Judge Manuel Real of that district from a case in which Yag-man was both a party and counsel for himself, and (2) imposing sanctions on Yag-man for certain acts and omissions made during the consideration of that motion.

The district court had jurisdiction under 28 U.S.C. § 1332 (a)(1). We have jurisdic tion under 28 U.S.C. § 1291 . We affirm the order denying recusal, but vacate the order imposing sanctions.

I.

BACKGROUND

This case arises from a motion by attorney Stephen Yagman to recuse Chief Judge Manuel Real of the Central District of California from a case in which Yagman was both plaintiff and counsel for himself. Judge William D. Keller of the same court denied Yagman’s recusal motion, Yagman v. Republic Ins., 136 F.R.D. 652, 658 (C.D.Cal.1991), and sanctioned him for his conduct during the consideration of that motion, Yagman v. Republic Ins., 137 F.R.D. 310, 312 (C.D.Cal.1991). Because the events in this case are adequately chronicled in these two orders, we review here only the most pertinent facts.

The underlying action…

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