O

• Author: Mark Thompson/Elizabeth Smith
• Pages: 979-981

Retired Judges

Retired Judges Oppliger969

-O-

-O-

O’BRIEN, Gregory Charles, Jr.

Temperament/Demeanor

Attorneys gave this judge’s personality mixed reviews, with

some saying that he can be pleasant and relaxed, and oth-

ers saying they have had experiences with him being difficult

and tough. “He is moody. Sometimes he can be pleasant and

other times he can be unpleasant.” “He is extremely calm.”

“He allows counsel to talk.” “He is okay. He is reasonable.”

“He is patient.” “He is easygoing.” “He is really a nice man.” “I

like him. He was very distant. Not cordial, but not rude.” “He

has a mean streak. Be careful.” “O’Brien is a law and order

type.” “He takes control of the courtroom.” “He is very much

by the book. Everything is businesslike and professional.”

Intelligence/Knowledge

There was agreement among legal practitioners that this

judge is knowledgeable about the law and intelligent. “O’Brien

is knowledgeable.” “He seemed to be quick and very smart.”

On Motions

Although this court is reported to not begin punctually,

Judge O’Brien is reported to always be prepared. “Court

starts late.” “He is prepared.” “He reads the motion papers.”

The hearings on law and motion matters before this judge

do not include oral argument, and some attorneys said they

believe it is because “He really tries to move the cases along.”

“He doesn’t usually allow oral argument on motions.” On the

rare occasion when he does allow oral presentations, “He

listens to counsel.” “He does not interrupt.” The decisions

made by this judge are reported to be solid and predictable,

rendered very quickly, and are mainly based on the plead-

ings filed in the case, since he does not generally tolerate any

oral argument. “He bases rulings on the papers.” “O’Brien’s

rulings are timely, clear, and well-reasoned.” “Decisions are

fast.” “He is a stickler with the rules.” “His decisions are

based on the law.” “O’Brien’s rulings are made on true legal

discourse.” “His decisions are predictable.”

On Trial

Attorneys generally reported liking Judge O’Brien’s meth-

od of running trials, but with no commentary on details. “I

had a good result in a trial with him.” “He is okay for trial.”

“He is good as a trial judge.” However, one plaintiff’s attorney

had an ominous remark for his colleagues. “Be careful.”

Settlement

The comments regarding the settlement skills possessed

by this jurist were neither complimentary nor critical, but

rather were only lukewarm. “He is fair at settlement.”

Continuances

It is widely known that Judge O’Brien is strict and does

not grant continuances, even if the request is reasonable.

“He denied a couple of my requests for continuances several

times, even though they were reasonable requests.” “You

can’t declare ‘not ready’. No excuse if you are in another

trial.” One attorney had a positive experience, however. “If

you need a continuance on a motion, he is understanding.

You won’t have any problems with him. He is good.”

Proclivities

None of the attorneys commented on any biases or sympa-

thies possessed by this judge. This is not to say that he does

not have any, but none came to the minds of the interviewees.

Summary

Thoroughly prepare the motion papers because Judge

O’Brien places great weight on them when he makes a deci-

sion. Do not, under any circumstance, hang your hopes on a

continuance. Be absolutely ready to go to trial. (01Z)

O’BRIEN, Robert Henry

Temperament/Demeanor

According to most attorneys interviewed, Judge O’Brien

is considered to be moody and temperamental. “His back-

ground is that he has this disciplinary thing for attorneys.”

“He is mean. He seems to be another frustrated Jesuit. He

doesn’t know what it is like to run a business.” “He is not

nice. He has a very high opinion of himself. He looks down

his nose at attorneys.” “He is moody you never know what

mood he will be in. Sometimes he can be pleasant and other

times he can be unpleasant. You never know what you are

going to get.” “I don’t like him.” There were a few attorneys

who were complimentary of him, however. “He is a good and

courteous judge.” “He is very hardworking.” “He has good

judicial temperament.”

Intelligence/Knowledge

Judge O’Brien is considered to know and understand

legal principles thoroughly and he is praised for his dedi-

cation to his job. “He is very qualified.” “He puts himself

diligently to the task.” “He is a civil servant. He is a family

man. He is a Republican (sic).” “He is bright.” “He is smart

and knowledgeable.”

On Motions

This jurist is prepared and promptly opens his court in

the morning. “He begins court early.” “O’Brien is prepared.”

“He reads the papers.” “He issues tentatives.” “He is very

organized.” He reportedly adheres closely to the law and to

rules when it comes to running the proceedings, and in ren-

dering decisions. “He is okay with law and motion.” “He is

good in law and motion.” “He is in control of his courtroom.”

“O’Brien runs through his calendar quickly.” “He is a stick-

ler.” “I found him to be strict.” “He is a stickler for the rules.”

“He takes control of his courtroom.” “He shoots from the hip.

He doesn’t care about the law. He does what he wants.”

On Trial

Judge O’Brien received varying remarks to his abilities as

a trial judge. He can be tough and is not generally popular

for trials. “When you have him, you play Russian roulette

with five bullets.” “He is okay for trial.” “He is good as a trial

judge.” “He lets the lawyer try his case.” “I would not recom-

mend him for trial.” “He is a challenging trial judge.” On

some of the specific aspects of trials, attorneys had varying

remarks as well. “He rarely allows sidebars.” “He limits open-

ing statements.” “He permits opening statements in bench

trials.” “He is good with evidence.” “He is good with voir dire.”

“He does not require trial briefs.”

Continuances

This judge is not generally known to grant continuances,

but one attorney attributed it to the court he serves on.

“Continuances are not granted in L.A.” “He does not continue.”

Settlement

There were mixed responses to Judge O’Brien’s handling

of settlement negotiations. “He granted my motion for sum-

mary judgment and I was able to settle the case.” “O’Brien is

okay on settlement.” “He is average in settlement.” “He pro-

motes and assists settlement.” “During settlement discus-

sions, both I and opposing counsel thought the case would

settle. O’Brien became angry and he walked off the bench

and came toward us. He embarrassed the attorney in front

of the client. It was a non-winnable case!”

Proclivities

Attorneys commenting about this judge’s sympathies

were not in agreement. “He is fair.” “He is not very fair.” “He

has no bias.” One attorney remarked, “O’Brien was in the

Air Force.”

Summary

Be on time and be prepared to begin early. It may be help-

ful to develop a thick skin. (01Z)

OPPLIGER, James R.

Temperament/Demeanor

Attorneys who were interviewed about Judge Oppliger

said he is a bit of an oddball. Some were more tolerant of

that than others. “He has a sense of humor. He’s a nice guy.

Some people just don’t understand him. He’s just a little

loose,” said one interviewee. Another said, “He is informal,

and perhaps overly informal.” A third attorney was much

CJ_Volume_2.indb 969CJ_Volume_2.indb 969 9/5/2014 12:48:18 PM9/5/2014 12:48:18 PM