Hello everyone,
Excuse me but I do not speak English, my language is Spanish, but I wanted to share this note that you received about the Padrón case so that someone can summarize its content.
Thankful in advance.
Greetings.
Expediente Padron v. Watchtower Bible y Tract Society of New York, Inc. Número de caso D070723
by Blade R 4 Replies latest watchtower child-abuse
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Blade R
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zeb
BladeR thankyou for your input.
could someone who is up to US law give us a 'translation' please.
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cha ching
When you click on “Case Summary Disposition” in blue, It reveals the Description: Affirmed in full. When? Date 11/09/17 Disposition type: Final The order is affirmed. Padron is awarded his costs on appeal.
We were keeping track of this case, and got this notification.
California Court of Appeal Case Notification for: D070723
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______ the following transaction has occurred in:
Padron v. Watchtower Bible and Tract Society of New York, Inc.
Case: D070723 4th div1 District
Date (YYYY-MM-DD): 2018-01-10
Event Description: Remittitur issued.https://www.capcentral.org/procedures/case_manag/docs/FinalStep-AppellateProcess.pdf
Final Steps in the Appellate Process: Issuance of the Opinion, the Remittitur and Transitioning Back to the Trial Court (rev. 2/22/2016) Introduction The remittitur is the final step in the appellate process. If neither rehearing nor review is granted, the Court of Appeal will issue its remittitur about 61 calendar days after the opinion has been filed. (Cal. Rules of Court, rule 8.272.)
The issuance of the remittitur signals the end of the appellate court’s jurisdiction. The matter is now properly back before the trial court, which must carry out the higher court’s decision.
Final Steps in the Appellate Process: Issuance of the Opinion, the Remittitur and Transitioning Back to the Trial Court (rev. 2/22/2016) Introduction The remittitur is the final step in the appellate process. If neither rehearing nor review is granted, the Court of Appeal will issue its remittitur about 61 calendar days after the opinion has been filed. (Cal. Rules of Court, rule 8.272.) The issuance of the remittitur signals the end of the appellate court’s jurisdiction. The matter is now properly back before the trial court, which must carry out the higher court’s decision.
What does all of that mean? I do not know....
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shepherdless
There must be someone else who is in a better position to explain, but the following is what I think it means, putting it in context.
The case itself is ongoing, and still has not reached trial. The contempt order that the Borg pay $4000 per day was an interlocutory order, relating to the pre-trial releasing of the borg’s internal documents to the plaintiff for inspection. The Borg refused to provide a document or documents unredacted, and so the court issued an order that the Borg $4000 per day, until the document is provided.
As everyone knows, the Borg appealed and lost. The $4000 per day stands. Perhaps there is an argument that the fine is suspended for the period of the appeal; I don’t know. In any event, it is a big fine.
Now that the matter has been returned to the trial court, the pre-trial steps will continue. In parallel with that, the plaintiff can seek to enforce the $4000/day order. The plaintiff would not have to wait until the conclusion of the case to do that. The plaintiff can enforce, as of today.
The process of enforcement varies from place to place. I have no idea what the process is in California, but most places, when it gets to this stage, it is fairly quick, and can lead to a physical seizure of assets, a winding up, or the appointment of an external administrator, if the amount is still not paid.
So basically, the Borg has to pay the fine, and the case rolls on. I would expect the Borg will just pay a very large amount of money to confidentially settle the case, now.
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Blade R
Thank you very much for your comments.