Judge Timothy Casserly of San Diego; incompetent dimwit

The state of California provided Timothy Casserly with a law license in after he graduated from the University of San Diego School of Law.

Former Gov. Pete Wilson appointed Timmy as a San Diego Superior Court judge in 1996. Timmy didn’t receive the appointment because he was the most qualified attorney in the greater San Diego area. He received it because he had proven to be a reliable lackey for the local political hacks.

FYI: Timmy has had his significant snout firmly implanted in the public trough the past forty (40) years. Apparently, no self-respecting law firm in the greater San Diego area was about to offer Timmy a good paying job.

In one matter, Timmy presided over a case wherein a woman sued her ophthalmologist Dr. Tara Brown and the North County Eye Center, Inc. for inaccurately advising her that her insurance would not cover surgery she needed but would pay for an alternate procedure, which she underwent but proved to be of no value to her.

In a display of his utter incompetence, Timmy dismissed the woman’s lawsuit after the physician and eye clinic moved for a summary judgment.

Subsequently, the woman filed an appeal with the Fourth District Court of Appeal, which reversed Timmy’s moronic ruling and, in the process, made the following statements.

• “We conclude that the record contains evidence from which a reasonable jury could find that Dr. Brown intended for Borman to rely on her statement that a brow lift would not be covered by Borman’s insurance.”
• “No more was required for Borman to prove the ‘intent to induce reliance’ element of her fraud and deceit cause of action premised on negligent misrepresentation.”
• “Since this is the sole element of a negligent misrepresentation theory of liability that the trial court found Borman would be unable to prove, we further conclude that the trial court erred in granting summary adjudication of Borman’s fraud and deceit cause of action.”
• “With respect to the ‘knowledge’ element, defendants claimed that they were entitled to summary adjudication of Borman’s fraud and deceit cause of action because Borman would not be able to establish that Dr. Brown made a statement that Dr. Brown knew not be true.”
• “However, Borman had to demonstrate merely that Dr. Brown made a misrepresentation without having a reasonable basis to believe it was true, insofar as her fraud and deceit cause of action was premised on a negligent misrepresentation theory.”
• “Defendants’ motion for summary adjudication did not address, and therefore, necessarily did not demonstrate as a matter of law, that Borman would be unable to prove that Dr. Borman made a misrepresentation without having a reasonable basis to believe that it was true.”

It goes without saying that Timmy doesn’t much give a damn when he’s overturned (rebuked in truth) by the appellate court since he is well aware that no California judge has ever been tossed off the bench for being an incompetent boob.

As we speak (ca. January 2021), Timmy continues to dispense his idea of jurisprudence as a San Diego County Superior Court judge in San Diego, California.