"Lawyers are like other people--fools on the average; but it is easier for an ass to succeed in that trade than any other." -quoted in Sam Clemens of Hannibal.
Attorneys
During the past 8+ years, I have dealt with more than 50 lawyers, most of whom I would not give food to in a lifeboat. My own attorney, Heather Green, worked actively to promote the opposite of the position for which she was hired (see Players) Others are just such disgusting, greedy people that I needed a shower after interviewing them. Two (Heather Green, Steven Springer) that I hired with the understanding that I would not plead guilty to domestic violence that I had not committed, told me that I should plead guilty to domestic violence after they had obtained and spent my retainer, $6,000 in the first case, and $4,000 in the second. Springer hadn't opened a box of over 300 documents from the other sides key witness just a week prior to trial. He also substituted out just two days before a hearing, then appeared anyway (to avoid charges of 'abandonment') and allowed the opposing attorney (Pulido) to change the Stipulated Agreement AFTER I HAD SIGNED IT.
Attorneys for the other side appear to have such great back-room connections with the judges that they can, and have, submitted Orders After Hearing that are different than the orders made, always favorable to their own client. (Pulido, Ford, Feldman)
Judges and Commissioners
I went to Court for the first two years expecting that these intelligent, educated, highly moral bench officers would apologize for having made decisions, no matter how erroneously, that hurt my children, and that they had taken a second look and seen things "in a different light."
Nope.
Instead, they build one flawed decision on top of another, and when the person on the bench was promoted (Grimmer) or removed for complaints of incompetence (Oleon), the subsequent judge or commissioner just made up orders that had never been made (Hendrickson), claimed that those orders couldn't be changed (Hendrickson) or misstated the facts in evidence (Grimmer, Oleon, Hendrickson) as though the evidence is flexible.
A commissioner is a lawyer who is given most of the powers of judges to sit in judgment, and Judge Pro Temp is the same, but on a day-by-day basis. Pulido sat pro temp in one courtroom while I sat waiting for my case to be heard, contrary to the provisions that say he cannot sit when he is being heard in the same courthouse on the same day ***. I wasted an entire morning that day. Pulido was made a judge, and his recommendations came from the same group of people who sat in judgment of the power of his word versus mine.
You cannot avoid being heard in front of a judge unless you have "reason to believe that you ***************************************
Court Support Personnel
This group includes Court clerks, courtroom clerks, court reporters, and Family Court Services people.
The first three groups have been, without exception, great human beings, dedicated to doing the right thing with an attitude that their service isextremely important to the people that they serve. they have been the nicest, most competent, and unusually helpful people I have ever met. In short, I wish that other groups would learn from them. They are also underpaid, and under appreciated.
Except "Clarence". He appears tosupervise the clarical staff, but I've never been told his last name or his responsibilities. He only appears to give me a hard time for no apparent reason. Most recently, I needed a subpoena, something that is allowed by every order and statute. Instead, "Clarence" requred that I fill out a form seeking permission from the Presiding Judge, which I do not need for discovery, return to the courthosue for a second visit, stand in line for 1/2 hour, and pay $40 "filing fee" to cover the cost of filing the request for permission, and then return for a third time, stand in line again, and then get the subpoena that I was entitled to the first time. When I showed him that CCP *** dictates that his staff issue the subpoena, and that no order of the Court requires that the P. Judge approve the issuance of the subpoena, he only said "I'm not going to argue with you. We need you to fill out the Request." B*llsh*t.
One clerk mentinoed that P. Judge Grimmer has directed that everything I submit must be filed ($40 filing fee) and be approved by him, even though no such order or law is in effect. This raises the ugly possiblity of "secret orders" in this case which control my behavior, like the subpoena runaround, to discourage exposing the already questionable behavior of the Players. More b*llsh*t.
Most of the Court Attendents (also known as 'baliffs) are alright, although one look will tell you if they take themselves too seriously. One attempted to intimidate me by putting his hand on me while I was respectfully disagreeing with Comm. Oleon, as though he were preparing to subdue me and take me to jail.
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The subject problem is followed by the names of the people involved in my case. Please add your own experiences in the "Daily Deal" section.
Would you feel that you had gotten a fair hearing if --
1. While not under oath, a court mediator said that the childrens' psychologist had recommended supervision of any visits, but two years later, the first opportunity to have her under oath, she admitted that she had lied? What if you had spent $17,000 and only seen your children once a week for two hours under supervision during those two years? (Sala Ajaniky, Family Court Services mediator.
1a. The Court failed to inform you, although required by law to do so, that a “no contest” plea instead of "not guilty" will interfere with getting equal child custody? (Fairwell)
2. You were not allowed to have your expert witness examine your children, but the Court relied exclusively on the expert witness hired by the other side? (Grimmer)
3. You were denied extensive evidence of what your children had said in more than a year of therapy? (Grimmer and Feldman) (see the actual comments that the Court refused to consider in the "File Cabinet," as "Childrens' Therapy Notes")
4. You received the childrens’ therapy notes, and they were overwhelmingly favorable to you and negative about your former wife, but the Court wouldn’t allow you to cite them? (Grimmer, Oleon, Hendrickson)
5. The Judge ignored the statute of limitation imposed by filing a Judicial Challenge to have her removed, and then to cover herself, claimed that she had never been served? (Hendrickson)
6. The judge issues an opinion, delayed for five years, after being removed from the case by default (CCP170.3(d)), despite the knowledge of the provisions of Remainders, Inc. v. Superior Court, {192 C.A.2d, May 1961] 411, 412 #2.which states: “An answer filed after a default has been properly entered is a nullity.” (Hendrickson)
7. During the period pending resolution of that Judicial Challenge, the same judge admitted that she could not release any orders, but signed an order, knowing that it was invalid? (Hendrickson)
8. The Presiding Judge of Family Law issued an order preventing you from filing a Judicial Challenge, and then nearly three years later, admitted that she lacks the authority to prevent you from filing a Judicial challenge? (Northridge)
9. The Presiding Judge of Family Law denies your response to her order preventing you from filing a Judicial Challenge, and then, following oral argument that took months and perhaps $2,000 to prepare, admitted exactly the points that you had argued years earlier, that she the authority to interfere with filing the Challenge? (Northridge)
10. A judge raised an objection on behalf of a party, who wasn't in the courtroom, that must be raised by the party itself, and then dismissed the civil lawsuit for damages and sanctions for harm done based on her own objection? (McLaren)
11. The Court failed in approximately 30 instances, to require that a proposed Order After Hearing was submitted to me for approval as to form and content or to provide an explanation as to why it was nto "Approved as to Form and Content"? (Grimmer, Oleon, Murphy, Hendrickson, Pulido, Ford)
12. The Court postponed hearing key motions by you for up to 7 years, but heard motions by the other side with only a few days notice or no notice at all? (Oleon, Hendrickson)
13. The Court, with full knowledge that notice of hearing is necessary to alter any permanent child custody decision, held a hearing altering the child custody decision without any advanced notice to me whatsoever? (Hendrickson) “It is necessary to serve notice on the party himself in order to modify a judgment or order after the final decree of dissolution has been entered. … Courts require strict compliance with the sections and failure to comply deprives the court of jurisdiction. West v. West (1979) 92 Cal App 3d 120, 154 Cal Rptr 667, 1979 Cal App LEXIS 1659.”
14. The Court, with full knowledge that personal service is necessary to alter any permanent child custody decision , ignored that any such decision is already void. (Oleon, Murphy, Hendrickson)
15. The Court allowed everyone except you to know that a change of custody would be heard without service on you, and then ordered that you and your children be seen only by doctors who won't provide proof of malpractice insurance, and at a cost of approximately $1,000 per hour? (Hendrickson)
16. The record shows that the Judge was served, two witnesses have declared that she was served, and you are prevented from Courthouse surveillance tapes showing the service? (Hendrickson, Grimmer)
17. The custody evaluator formed a close, personal relationship with your former wife, failed to produce the documents when subpoenaed and then ordered by the Court to produce them? (Bergmann)
18. The custody evaluator asked the Court to keep the psychological test results from you, but once available, they showed clearly that (a) she had not given the tests correctly, and (b) the test results clearly show that your former wife is hysterical, obsessive, and lies (Bergmann)
19. The Judge fabricated evidence, a violation of public trust, that you had engaged in and maintained a pattern of “three plus years of problematic supervised visitation” even though the evidence states exactly the opposite. (Grimmer, Hendrickson)
20. The judge accepted unsworn statements from an attorney as “testimony” and imposed a restraining order as though the attorney was under oath. (Hendrickson)
21. The judge heard sworn testimony from the defendant admitting that he had chased you on the streets in his jacked-up ego truck, came to your house and threatened you in front of a witness, and appeared in a video tape behaving aggressively and belligerently, but the Court denied you a restraining order (Funke, Rolefson)
22. The judge denied your motion for a restraining order three days before it was filed? (Hendrickson)
23. The judge set 13 separate motions for hearing on a single day and, by that order, you took three days away from work to prepare for that hearing, but the judge then didn’t hold any hearing, saying he “wasn’t prepared.” (Murphy)
24. The judge ordered appearance on a date 'to give you the entire afternoon', and instead calendared 8 other cases to appear, and did not calendar your motions? (Hendrickson)
25. The attorney for your former wife made statements to the Court that mislead the Court to believe that the entire Hayward Unified School District had decided to keep you from your childrens’ school, and the statement appeared in the judges decision making process? (Pulido, Grimmer) This violates Business and Professions Code section 6068(d) found at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=06001-07000&file=6060-6069
26. The Court appointed a specific attorney without creating any paperwork, following applicable statutes for such appointment, and then it turned out that the attorney is working closely with your former wife’s attorney? (Grimmer, Feldman, Pulido)
27. The attorney appointed refused to release your childrens’ therapy records, even though ordered by the Court to do so, and then at a subsequent hearing, claimed that the Court had given him the authority "to withhold pretty much whatever I wanted to.” (Feldman, Hendrickson, and Oleon)
28a. The Court refused to rule on objections to withholding the therapy records, because law gives a parent the confidentiality privelege, and it cannot be taken away except by order of the Court?
28. The attorney for your children failed to meet with your children because your former wife wouldn’t let the children call the attorney when they wanted to, despite a Court order requiring her to allow that. (Feldman)
29. The judge substantially altered the content of orders made in court by a former judge, and then relied on those non-existant orders to make your life hell. (Hendrickson, Oleon Oct. 12, 2005)
30. The attorney for your former wife substantially altered the orders made by the Court, failed to follow State Law requiring that he seek your approval as to the form and content of those orders, and then submitted them to to the Court as though they were accurate. (Pulido, Ford, Grimmer, Oleon, Hendrickson)
31. The Court signed Orders After Hearing that state that the Court had made the following orders, although the signed order inserts conditions and statements that were never made in Court. (Grimmer, Oleon, Hendrickson)
32. The Court failed to correct the record regarding orders signed without approval as to form and content, even after Motions for Reconsideration were properly filed with approval by the Presiding Judge that they were substantially accurate and not filed for the purpose of harassment. (Grimmer, Oleon, Hendrickson, Pulido, Ford)
33. The Court claimed that res judicata applies to interim and temporary orders. (Hendrickson, May, 2007) (Res judicata: “A rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny reconsideration of a matter. (http://brandonlclark.com/glossary.html)
34. The Court has also apparently claimed that res judicata does not apply to permanent orders. (Hendrickson) This is taught in the first year of law school, and it is inconceivable that a competent jurist doesn’t know this.
35. The Court abrogated responsibility to provide a fair hearing and decisions to the Appellate level, delaying justice at the cost of years of the childrens’ lives and thousands of dollars spent in attorney and filing fees. (Grimmer, Oleon, Hendrickson)
36. The judge ignored a clear position by opposing counsel that deprived the Court of jurisdiction over custody, property disposition, and child support, and issued orders regarding those anyway. (Hendrickson, Pulido)
37. The judge then taunted you in open court, saying that you merely “disagree” with the Court?
38. With agreement by my former wife and myself, and order of the court that she would provide hearlth coverage for me as a condition of bifurcation so she could be declared to be single and get married (under FC2337). Then, she simply stopped paying the health coverage, and the court let her when she said that she was changing jobs, and wouldn't hve the coverage. The law sayes that she must then find coverage, but the Court sayes she doesn't.
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