Third Judge Named to Hear Court Challenge to Measure ULA

UPDATED AUG. 28 at 3:15 p.m.:

Los Angeles Superior Court has assigned the third judge to preside over a highly anticipated legal challenge to the city’s controversial Measure ULA transfer tax.

On Aug. 24, Judge Barbara Scheper was assigned the case after Judge Joseph Lipner recused himself Aug. 17. He presided over the case for 10 days. During that span, an article by TRD quoted a lawyer working on the civil suit who questioned the propriety of Lipner working on the case.

One of the plaintiff’s attorneys, Keith Fromm of Newcastle Courtyards, complained Lipner had a conflict of interest because he previously worked as a partner at the firm Irell & Manella, which represents Southern California Association of Non-Profit Housing in this case.

“To put it bluntly, whatever the reality may be, the appearance stinks. Without in any way casting any aspersions on Judge Lipner, I would hope that he would follow the most ethical and ‘above reproach’ course and simply recuse himself from this case,” Fromm said at the time.

Fromm had no comment on Scheper’s assignment.

The case’s next scheduled hearing is now Oct. 24, more than a month after the original date.

Prior to Lipner stepping away from the case, the first judge, Curtis Kin, gave notice that he couldn’t preside because he was reassigned to Los Angeles Superior Court’s Writ and Receivers Department.

Scheper ran unopposed to Los Angeles County Superior Court twice, in 2014 and 2020, according to Ballotpedia. She was appointed to the bench by former Gov. Gray Davis in 2001.

Scheper has worked on some high profile cases. She is currently presiding over the case John Sattley v Muntu Davis, where a firefighter for the City of Beverly Hills sued County of Los Angeles and City of Beverly Hills in 2021 for being fired during the pandemic after refusing to get a vaccination.

On Aug. 24, Scheper recused herself from the high-profile lawsuit, Leah Rimini v. Church of Scientology International. A substack titled Underground Bunker said her husband, David Scheper, an attorney, had represented the Church of Scientology in the past.

Correction: Previous story had incorrect date for the next scheduled hearing.