AJF street

Allan Favish is a Los Angeles-based attorney whose focus is on General Insurance Defense and Litigation Insurance Coverage/Reinsurance & Bad Faith Litigation.  A UCLA graduate, he received his J.D. at Hastings College of Law in 1981.

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Reporter's Official Transcript of Summary Adjudication/Summary Judgment Motions

begin p. 9

1 requirements."

2 It isn't right on, but it's awfully close. And

3 I can't sit here and -- the mandate is, first of all,

4 analyze the respective interests. Having analyzed the

5 respective interests, who prevails and for what reasons?

6 I told you who prevails and for what reasons, and I

7 don't think that I can get into "Well, the government

8 prevails, but I'm going to give you a remedy and then

9 let you revisit it." I don't think I can do that.

10 If you want to go to the Circuit and try to

11 make some law to that effect, you can, because that's

12 where I was thinking of going; namely, I briefly thought

13 of -- not so briefly, actually. I thought of finding

14 that the government prevailed on a balancing of the

15 interests, privacy interests, but I thought what's the

16 harm, having made that decision, in structuring an

17 arrangement that would nevertheless give Mr. Favish

18 limited access to the photographs, which access would be

19 to visualize the photographs, and to then come back, if

20 indeed there was something there, according to

21 Mr. Favish. Then we go through the balancing once again

22 is the problem.

23 Well, attendant with that, quite obviously, is

24 there is no finality, because predictably you're going

25 to be back here. But more importantly, much more

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