Judge admonishes lawyers of Torres Brothers law firm

Superior Court Associate Judge Joseph N. Camacho has admonished the lawyers at the law firm of Torres Brothers LLC for their “obvious and flagrant” violations of the court’s discovery rules in connection with a lawsuit over a vehicular accident.

Camacho said no monetary sanction is awarded for the time and effort of the Office of the Attorney General to bring such motion to compel and for sanctions before the court.

However, Camacho addressed all counsels and advised and admonished that attorneys are officers of the court and should act accordingly.

“The rules of discovery and depositions are designed to allow both sides to know the strength and weaknesses of their case, to facilitate settlement, etc.,” the judge said.

Discovery refers to a pre-trial procedure in a lawsuit in which a party can obtain evidence from the other party or parties by means of devices such as a request for answers to interrogatories and request for production.

Deposition is the taking of testimony of a witness outside of court.

Lawyers Victorino DLG Torres and Matthew J. Holley, of Torres Brothers LLC, appeared as counsel for plaintiff Lars Palacios, during a motion to compel and for sanctions last Jan. 30 filed by defendant John San Nicolas.

Asked for comments yesterday, Holley said the motion to compel concerned a confidential settlement agreement between plaintiff Palacios and a third party.

“Because it was confidential, plaintiff waited for a court order before disclosing to the Commonwealth. There were no sanctions, the court reminded both parties of our obligations,” Holley said.

The Office of the Attorney General’s Civil Division chief Christopher M. Timmons and assistant attorney general Hessel E. Yntema IV represented San Nicolas, who is a government employee.

Palacios filed the lawsuit against San Nicolas in 2015 over a vehicular accident that happened along Chalan Pale Arnold Road on May 27, 2014.

According to the lawsuit, Palacios was traveling south on the inner lane of Chalan Pale Arnold and was turning left to the Commonwealth Health Center.

San Nicolas, who was driving a government vehicle, was allegedly travelling very fast and hit Palacios’ vehicle. As a result, Palacios allegedly suffered multiple injuries.

Palacios sued San Nicolas for reckless, careless, and negligent driving.

In his order, Camacho told Palacios’ counsel, Torres Brothers, that they should not forget that during the course of discovery, and specifically in deposition, all questions not otherwise privileged shall be answered and attorneys shall not interfere with opposing party’s questioning.

Camacho said there is no “settlement agreement privilege.”

The judge said the mere fact that a settlement agreement may contain a confidentiality provision does not constitute good cause, let alone a compelling reason to shield the information from the public at large, let alone from the litigation process.

Camacho said the Commonwealth Rules of Civil Procedure provide that objections that are to be made at the time of the examination, shall be noted on the record; but the examination shall proceed, with the testimony being taken subject to the objection.

“Counsel is not to assume the role of judge and instruct a witness not to answer a question at deposition,” Camacho pointed out.

The judge directed all parties to conform their conduct to the civil rules during discovery.

Palacios was ordered to resume his deposition and truthfully answer San Nicolas’ remaining questions.

The remaining questions include those relating to Palacios’ lawsuit against Hana Tour Service Inc. and Hun Doo Lim in a separate 2015 civil case.

Palacios was further ordered to produce documents responsive to San Nicolas’ request for production; to provide full and complete answers (and related documents), based on all currently available information to San Nicolas’ interrogatory.

Palacios was further ordered to admit or deny San Nicolas’ requests for admission of two matters or the same should be deemed admitted.