Judge Fines California District Attorney for Evading Service of a Federal Lawsuit

Santa Clara County District Attorney Jeff Rosen attending remote Santa Clara County Public Safety and Justice Committee meeting

By Susan Bassi and Fred Johnson

Federal Magistrate Judge Elayna Youchah has ordered Santa Clara County District Attorney Jeffrey Francis Rosen to cover the expenses that a Nevada man incurred due to Rosen’s failure to respond to emails and calls notifying him of a federal lawsuit.

Rosen was named as a defendant in the lawsuit brought by Michael Sternberg who is representing himself. The lawsuit alleges Rosen conspired to violate rights and hindered the reporting and prosecution of crimes stemming from the county’s family court cases.

As Northern California’s most influential district attorney, Rosen has faced repeated criticism that he has used the District Attorney’s Office for political purposes, rather than to assure public safety and protection. Judge Youchah’s order was celebrated by those most critical of Rosen on social media and online chats where Rosen has faced severe criticism for allegedly neglecting crime victims, especially in cases related to family court, domestic violence, and child abuse.

Federal court order requires DA Jeff Rosen to pay costs associated with trying to evade service of federal lawsuit.

In his reimbursement request, Sternberg underscored federal court rules promoting collaboration and cost minimization. These rules permit electronic service if the defendant being served waives personal service. After Rosen ignored the rule, Sternberg was forced to hire a process server to personally serve Rosen with the lawsuit. Sternberg also requested $10 for his office expenses and two lattes consumed while preparing the request (motion) without legal representation.

Sternberg’s latte cost request was not granted by the court.

It’s crucial to note that self-represented parties like Sternberg cannot seek attorney fees for such motions, they can only recover costs. Although Judge Youchah declined to order Rosen to pay for Sternberg’s lattes and office expenses, she delivered Sternberg a victory against the most powerful district attorney in Northern California, suggesting that Rosen’s influence does not extend to Nevada.

“When District Attorney Jeff Rosen issues the payment, I will frame it and hang it on the wall,” Sternberg told the Vanguard.

Immediately after Rosen’s federal court loss, Santa Clara County Counsel Claire Cormier filed documents seeking to represent Rosen in the lawsuit through association with Brandon Thompson of the Clark County District Attorney’s Office in Nevada. Both Cormier and Rosen failed to respond to the Vanguard’s request for comment prior to publication.

Optimistic about Rosen’s compliance, Sternberg expressed gratitude for the judge’s order. Despite the nominal payment required of a district attorney with an annual income and benefits exceeding $500,000, Sternberg deems the win “priceless.”

Santa Clara County District Attorney annual pay and benefits according to Transparent California.

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