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Ex-California lawmaker's lawsuit against former wife tossed by judge

Lorna Morales,
 September 25, 2025

In a courtroom drama that feels like a political soap opera, Roger Hernandez, a former California State Assemblymember, has hit another brick wall. His lawsuit against his ex-wife, State Sen. Susan Rubio, and her sister, State Assemblymember Blanca Rubio, was dismissed this week by Judge Allison Westfahl Kong, as the Daily Mail reports. The case, rooted in bitter personal and professional disputes, underscores the messy intersection of politics and personal vendettas.

Hernandez, now 50, served in the California State Assembly from 2010 to 2016 before being term-limited. He married Susan Rubio in 2013, but their union unraveled within 18 months when she filed for divorce, alleging domestic violence and securing a restraining order. The public fallout was a spectacle that would make even the most seasoned Sacramento insider cringe.

During their short marriage, accusations flew like confetti at a parade. Susan Rubio claimed Hernandez physically assaulted her, striking her chest during a heated argument over alleged infidelity, and even smashed her car windshield and two cellphones in a rage, per court records. Hernandez, in turn, accused her of multiple affairs, though no criminal charges were ever filed against him.

Political fallout, career collapse

The divorce didn’t just end a marriage; it torched Hernandez’s political aspirations. In 2016, with the allegations swirling, he was forced to abandon a congressional campaign, a decision that effectively ended his political career at the time. It’s hard not to wonder if personal grievances now fuel his legal battles more than policy differences.

While Hernandez faded from the spotlight, the Rubio sisters rose in prominence. Susan Rubio won a California State Senate seat in 2018, and Blanca Rubio took over Hernandez’s former Assembly seat during the contentious divorce period. Their ascent contrasts starkly with his struggle to rebuild outside the political arena.

After politics, Hernandez pivoted to consulting, starting a business to secure government contracts for clients. But he alleged the Rubio sisters meddled in his efforts, specifically accusing them of pressuring the El Monte City Council to reject a deal with an energy company that hired him as a lobbyist. He claimed their interference cost him over $25,000 in fees.

Legal claims fall apart

Hernandez’s lawsuit didn’t just target business interference; he also accused the sisters of defamation by publicly discussing the domestic violence claims. That portion of the case was tossed out in 2022, with the court ruling he couldn’t prove the allegations were false. Legal doctrine also barred rehashing the issue due to prior restraining order proceedings.

This week, the entire lawsuit crumbled under summary judgment by Judge Kong. She found no evidence linking the Rubio sisters’ actions to the loss of Hernandez’s contract with the energy company. The El Monte City Council’s right to reject the deal stood firm, rendering his claims speculative at best.

The Rubio sisters’ attorney didn’t mince words about the case. “False and malicious litigation,” the attorney called it, as reported in the context of the judge’s ruling. One might argue that dragging personal disputes into the courtroom rarely ends well, especially when the evidence is thinner than a campaign promise.

Bitter end to personal feud

Reflecting on the past, Hernandez’s own words from 2016 paint a picture of defeat:

I don’t have the fight in me anymore. This attack that’s been made by my ex-wife has been, quite frankly, like a Tonya Harding baseball bat to my knees. It has crippled my reputation. It has crippled my ability to fairly run and seek this office.

Those words sting with raw emotion, but they also beg the question: Is this lawsuit a genuine quest for justice or a lingering grudge?

From a conservative lens, personal accountability matters, and re-litigating old wounds in court often distracts from moving forward. Hernandez’s pain is palpable, yet the legal system has spoken.

Lessons in politics, privacy

This saga isn’t just about Hernandez or the Rubio sisters; it’s a cautionary tale for anyone in the public eye. Personal disputes, when aired in the political arena, can derail careers and haunt legacies long after the gavel falls. The courtroom isn’t always the place for vindication.

For conservatives who value limited government and personal responsibility, this case highlights the perils of overreaching into private matters through legal battles. Judge Kong’s ruling suggests that not every grievance warrants judicial intervention, a principle worth remembering in an era of endless litigation. Sometimes, the best fight is the one you walk away from.

As the dust settles, inquiries have been made to Susan Rubio’s office and Hernandez’s attorney for further comment, per the Mail. For now, this chapter of California’s political melodrama appears closed. But in politics, as in life, old wounds have a way of reopening when least expected.

About Lorna Morales

Lorna is a staff writer for Conservative Legal News. She covers the legal battles shaping America, from the Supreme Court to state courts and brings a conservative perspective while breaking down complex cases in plain English.

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