Changes in Department 59

By Ellen Arabian-Lee

Ellen Arabian-Lee is the Editor of Sacramento Lawyer and the President of Arabian-Lee Law Corporation. She can be contacted at ellen@arabian-leelaw.com.

Hall of Justice

Have you been inside Department 59 lately? Probably not since all settlement conferences have been held remotely via Zoom since the pandemic. Therefore, a very significant change in Department 59 may have gone unnoticed – Judge Ben Davidian (ret.) is not there!

Department 59 is the Court’s designated civil settlement conference department, located inside the Hall of Justice building, 813 6th Street, a beautiful example of beaux arts classicism/neo-classicism. This historic building, built circa 1916, is listed on the US National Register of Historic Places. For over 80 years, the building housed the Sacramento Police Department, which included a city jail, shooting range, and city courtrooms. The Sacramento County Law Library also formerly was housed inside this building. Currently, Department 59 shares the building with Civil Law and Motion (Departments 53 and 54) and Civil Self-Help Services.

Judge Davidian, who admittedly “loved the place,” retired from the bench this year, but he certainly left his mark on Department 59. In fact, after Judge Kevin Culhane, the presiding judge at the time, assigned Judge Davidian to Department 59 nearly seven years ago, Judge Davidian donated interesting artwork and developed theme rooms throughout the Department to make civil settlement conferences a more enjoyable experience. The building was renovated to include 13 conference rooms to handle multiple settlement conferences at one time. Upon entering Department 59, litigants could not miss the University of Utah decorations which were added by Judge Davidian to celebrate his alma mater. The artwork and decor added a nice diversion to help litigants relax and (hopefully) stop the feuding and get their case resolved.

Judge Davidian often added humor to settlement conferences he personally conducted, and he would joke about his striking resemblance to the judge from the movie, My Cousin Vinny, whose image was displayed on Judge Davidian’s computer screen in his chambers. Judge Davidian also was well-known to stay late, sometimes until 11:00 p.m., to “get the job done,” as he described it. If litigants were not making good progress during the later hours, he would tell stories about the ghosts inside the old building, including a

“Leaving this place was the toughest decision I have had to make.”

– Judge Davidian

Where did Judge Davidian go? UCLA in Dept. 59

“We have the best pro tems in the world.” –

Judge Davidian

fellow in a white uniform who might walk across the hallway and through a wall. “You better get this case settled, or the ghost might come out,” he would quip, which often would leave the litigants speechless and somewhat uneasy, but curious at the same time.

Judge Culhane and Judge Davidian worked together to create one of the best settlement conference facilities in the state. Judge Davidian describes Department 59 as a “labor of love”. “I’m proud to have been a part of this,” said Judge Davidian.

When Judge Davidian retired this year, Judge David DeAlba was assigned to Department 59 – the artwork and themed rooms remain, but the University of Utah swag has been replaced by UCLA décor. When Judge DeAlba was assigned to Department 59, he sadly was required to part with this court clerk of 16 years, Nita Smith, and his courtroom staff, who Judge DeAlba describes as “like family.” They will now work with Judge Steven Gevercer. However, Judge DeAlba is in good hands with Dayo (DyeYo) Horton, Department 59’s wellknown and long-time Court Services Coordinator.

Judge Davidian also left his mark on Department 59 by starting Friday voluntary settlement conferences (“VSC’s”). Civil litigants, who need an early settlement conference and do not want to wait until right before trial, can contact Dayo Horton to schedule a settlement conference on Fridays. Since settlement conferences are now conducted remotely, Judge DeAlba has expanded this service to include all days of the week, not just Fridays.

Although Judge Davidian can no longer be found in Department 59, he can be found enjoying life with his wife, Rena, or at JAMS, continuing to settle cases.

Judge Davidian and wife, Rena