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CONCERNING

PETER

J.

ORIGINAL

McBRIEN

185

NO.

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TRANSCRIPT

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HEARING

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1,

THE

MASTERS

CALIFORNIA

2009

PAGES

- 250

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VOLUME

OF

SPECIAL

1,

APRIL

16

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BEFORE

SACRAMENTO,

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JUDGE

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REPORTED

BY:

SANDRA LEHANE

REGISTERED PROFESSIONAL

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CERTIFIED

SHORTHAND
155

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Alameda,

Orr

NO.

7372

Road

California

(510)

REPORTE:R

REPORTER

94502

864-9645

25

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IN RE

CJF NO.

185 - 4/1/09

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witness,

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Mr.

Blum.

MR.

BLUM:

Thank you,

Examiner calls Judge McBrien.

JUDGE PETER J. McBRIEN

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having been first du1y sworn, testified as f0110ws:

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SPECIAL MASTER CORNELL:

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THE WITNESS:

SPECIAL MASTER CORNELL:

Please

You may examine.

MR.

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BLUM:

Thank you,

For the record,

Your Honor.

I'm calling this witness as

an adverse witness.

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Thank you.

be seated.

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Peter James McBrien,

M-c B-r-i-e-n.

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Please state your

full name and spell your last name.

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The

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Your Honor.

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Call your first

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SPECIAL MASTER CORNELL:

DIRECT EXAMINATION

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BY MR. BLUM:

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Q.

Good morning,

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A.

Good morning.

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Q.

Are you a

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Your Honor.

judge of the Sacramento Superior

Court?

A.

am.

L-------------------------IN RE CJF NO. 185

4/1/09--------------------~

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Now,

you did try to move the Carlsson vs.

Carlsson case along,

did.

A.

Q.

And you made all of those statements with

Q.

--

did.

A.

referred to in the record?

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did.

A.

Q.

And why were you trying to move that case

along?

A.

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In my experience with Ms.

she would

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i t ' s a child custody case,

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complexity and variations that might arise that would

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create some uncertainty.

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least two occasions extended the time for the trial.

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In the case of Barrett,

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never complete her cases within the estimate.

a third day.

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issues.

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Q.

And,

And if

can understand the

in fact,

believe,

In the case of Myles,

two and a half.

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if

Huddle,

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al

Blum -

respect to this trial to Mr.

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did you not?

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Q.

have on at

we went a third -
I

believe we went

Both of which had involved custody

But in order to maintain the orderly flow of

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justice through the family law courts,

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other judges there insist that the trial estimates be

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met?

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A.

do you and

We do.

L-------------------------IN RE CJF NO. 185 -

4/1/09----------------------~

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Q.

Is there a reason for that?

A.

Yes.

Q.

What is it?

A.

Well,

the Bar,

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family law bar,

volunteers

their time to the Court in expectation that they're

going to be able to get to trial when they set their

trials.

goes,

something that they certainly expect of us.

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And I don't want to say i t ' s a,

t i t for tat,

but it may well be,

as the saying

in their minds,
And quite

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frankly,

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in Sacramento County that you're going to adhere to

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your estimate or you're going to make a

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explaining the reasons you need more time.

Q.

i t ' s part of the general family law culture

Two last questions.

request

The first one,

want

you to first take a look at the reporter's transcript

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of the trial,

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let me read Lines 5 through 13:

Page 138,

"The Court:

Lines 5 through 7.

No,

Actually,

you don't have to ask me.

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You have to always ask the other party first before I

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will consi

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anything that either party wants."

Is that your practice and procedure?

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A.

Absolutely.

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Q.

And is that done by attorneys who appear

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before you?

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A.

It is.

L-------------------------IN RE CJF NO. 185

4/1/09--------------------~

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