First Amendment Attorney’s Toxic Memorial Day Weekend Email

Attorney Marc Randazza Photo from the Randazza Legal Group website.

By Fred Johnson and Susan Bassi

Days before the Memorial Day weekend, U.S. District Judge Andrew Gordon granted a motion for reconsideration in a federal civil rights case filed by a self-represented plaintiff, reopening a challenge to what the father claims was an abuse of process in a protracted California family court battle.

The unusual federal order was followed by a vulgar and startling email from self-proclaimed First Amendment attorney, and aspiring YouTuber,  Marc Randazza, who represents a  mother in the federal action related to a California family law case. The email, sent in response to a routine press inquiry about Judge Gordon’s order and Randazza’s public discipline record stunned legal observers.

Randazza wrote:

He concluded by calling the father, Michael Sternberg, a “loser” and a “limpcocked whiner.”

A Rare Reversal

Judge Gordon’s decision to reconsider a prior ruling that struck Sternberg’s abuse of process claim under Nevada’s anti-SLAPP statute is highly unusual, especially in a case involving a pro se litigant. In his order, the judge acknowledged the procedural and constitutional complexities involved, which include Sternberg’s allegations of judicial bias, wrongful arrest, and systemic unfairness in access to court records.

Sternberg, a U.S. Army and National Guard veteran, argues that his civil rights were violated during years of litigation in Santa Clara County Superior Court, where he lost all custody and visitation rights despite no restraining order ever being issued.

“I’ve been complaining to Judge Gordon since the outset of my case that Randazza’s conduct isn’t just unprofessional—it’s abusive and corrosive to the judicial process,” Sternberg told the Vanguard. “The court tolerates it while ignoring the burden this places on me and the public.”

Nevada District Judge Rhonda Kay Forsberg –Photo attribution Our Nevada Judges.

Courts, Custody, and California Power

The custody dispute traces back to Sternberg’s former partner, Shelly Warneck, the daughter of a founding Apple executive. Though the couple never married, they co-parented their children until Warneck’s DUI and child endangerment arrest in Lake Tahoe in 2018. After her arrest, the parties agreed that Sternberg would care for the children in Las Vegas.

However, a series of legal maneuvers by Warneck’s Silicon Valley divorce attorneys, and despite Nevada District Judge Rhonda Kay Forsberg finding jurisdiction proper in Nevada, resulted in Santa Clara County Superior Court Judge Roberta Hayashi appearing remotely during a 2019 Nevada hearing and insisting the case be returned to California—even as Warneck was residing and registered to vote in Nevada, and the children were enrolled in Las Vegas schools.

Santa Clara County Judge Cindy Hendrickson 2018 political campaign photos on X (formerly Twitter).

Once the case returned to California, it was reassigned to Judge Cindy Hendrickson. In his federal complaint, Sternberg alleges Judge Hendrickson denied him all parenting time and access to his children without legal justification, or due process.

Initially Sternberg spent than $200,000 in legal fees, Sternberg hiring attorneys Magdalena Chattopadhya, and later Gina Policastri of the Lonich, Patton, Ehrlich Policastri law firm in San Jose, California.  He claims their representation failed to challenge the denial of his parental rights or judicial bias, and failed to address misconduct imposed on the legal proceedings by Warneck’s attorneys, Tristan R. Aeschleman and his wife, Christina Adames.

When he began representing himself, Sternberg filed a motion to disqualify Judge Hendrickson, citing bias and due process violations. The judge struck the motion. His appeal to the California Supreme Court was denied.

Subsequently, Warneck’s attorneys reportedly had Sternberg arrested for noncompliance with Hendrickson’s orders. Sternberg also contends Hendrickson declared him to be a vexatious litigant in retaliation for filing the disqualification motion, claiming the designation was based on Sternberg repeatedly emailing the court seeking access to his court records.

Unequal Access and Constitutional Questions

Sternberg’s federal lawsuit challenges California’s two-tiered access to court records. Under Santa Clara County’s “Justice Partner” system, and informal policies, attorneys have free, 24/7 online access to court files. Pro se litigants like Sternberg must pay per page and visit the clerk’s office during limited hours.

Additionally, a 2023 California law opened unwed-parent case files to the public—but only for cases filed after 2023. As a result, Sternberg’s older parentage case remains sealed to him and the public, while attorneys can still access them.

“These policies give attorneys a strategic edge and deprive parents of their rights,” Sternberg said. “It’s not just unfair—it’s unconstitutional.”

Misconduct and the Shadow of Girardi

Randazza’s email is the latest flashpoint in a case marred by questions of attorney discipline and judicial accountability. Randazza has been publicly disciplined in California, Nevada, and Florida, including a suspension by the Nevada Supreme Court. Despite this, he continues to practice law.

Under California Rule of Professional Conduct 8.4, lawyers may not engage in “conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation.” Nevada Rule 3.4 bars lawyers from engaging in disruptive or abusive practices in litigation.

“If this isn’t a billboard for unfitness to practice, I don’t know what is,” said a retired judge who reviewed Randazza’s email. “Sending this to a journalist over Memorial Day weekend is a disgrace.”

The pattern recalls the case of disbarred attorney Thomas Girardi, whose misconduct was enabled for decades by bar officials and judges who looked the other way.

Stolen Valor: A Pattern of Abuse?

The Vanguard has also documented disturbing similarities in other Santa Clara family law cases, including that of “Kathleen,” identified as Jane Doe 1 in previous reporting. Kathleen retained Bradford Baugh, a divorce attorney later exposed for fabricating military service claims to attract clients in high-asset divorce cases.

In 2019, reporters unearthed a deposition exposing Baugh’s Stolen Valor, and multiple clients filed complaints with the State Bar. All were dismissed, including Kathleen’s, who later died in 2025 without resolution.

Kathleen’s case was also before Judges Hayashi and Hendrickson and intersected with WomenSV, a nonprofit criticized for funneling vulnerable women into expensive and prolonged litigation. Kathleen claimed that Baugh, despite charging high fees, provided no meaningful defense and instead relied on false military claims to gain trust.

“He told me his experience in Vietnam made him better at legal strategy,” Kathleen told the Vanguard before her death. “I believed him. That was my mistake.”

Disgraced Silicon Valley divorce attorney Brad Baugh at his home in Los Altos Hills. Photo by Mark Andrews August 29, 2024.

Memorial Day Irony

As the country paused to honor veterans, Michael Sternberg, a veteran of the U.S. Army and California National Guard, was again in court—fighting for the right to see his children and gain equal access to justice.

“Kathleen died waiting for the same kind of fairness Sternberg is now demanding,” said a family advocate familiar with both cases. “This isn’t about politics—it’s about justice. And it’s about stopping the courts from shielding attorney misconduct behind closed doors.”

Judge Gordon’s decision to reopen the case may be procedural—but to many following it, the ruling signals that due process and public accountability still have a place in the federal courts.

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