CEASE AND DESIST
 
 
Commissioner Elizabeth Aileen Hendrickson
Dept. 507, Family Law Division,
California Superior Court, Alameda County
Via fax @ (510) 267-1591
 
December 10, 2011
 
 
Commissioner Hendrickson:
 
I am writing to request in the strongest possible terms, that you immediately cease and desist your pretending that you have jurisdiction over the dissolution Deal v. Deal:  CH 222 312.
 
As you know, you were served with a Judicial Challenge and did not respond until approximately 23 days later, after the 10 day time limit for such a response.  At that time, you claimed that I was “in error” when I claimed to have had you served, but both the process server and I are witnesses to the service.  The Record so reflects.
 
Per the provisions of CCP 170.3(c)(4), you were then immediately and permanently recused, but you have refused to abide by that law (and others), contrary to your oath taken when you were granted the public trust as a commissioner.
 
Contrary to relevant law, you have:
 
(1)               Issued an order awarding all of the community property to my former wife without ever noticing or holding a hearing on the property.
 
(2)               Found me in contempt of an order that is and always was, void for want of proper service.  You stated, without any factual basis and contrary to the facts in evidence, that the issue of propriety of service had been resolved.
 
(3)               Issued a decision on my OSC re: Contempt (filed, October 12, 2004) against my former wife without ever obtaining or reading the testimony regarding that issue.
 
(4)               Denied every one of my many Motions for Reconsideration based on your creation of evidence that did not exist, relying on testimony that was not given, surprise, and or, mis-statements in the orders themselves.
 
(5)               Changed the (permanent) custody order without “prior notice and opportunity to be heard”.
 
(6)               Displayed open rudeness to me by canceling hearings and notifying everyone except me, on more than two but less than five occasions.
 
(7)               Claimed that res judicata applies to interim decisions.
 
(8)               Ignored the application of res judicata to the JUDGMENT – STATUS ONLY, (filed November 4, 2002) the only judgment in this case.
 
(9)               Ignored your own order that attorney for my children, Dean Feldman file a motion in order to request to be paid additional monies for his participation in this case.
 
(10)          Refused to allow me to have council equal to that enjoyed by my former wife, saying “this case is almost over” but then awarded her $48,000 for “attorney fees”.
 
(11)          Awarded that $48,000 for your opinion that I had harassed the Court and my former wife, even though each and every motion that I have filed in the past six (6) years has been with the permission and approval of the Presiding Judge that, specifically “…the litigation has merit and has not been filed for the purposes of harassment or delay.”
 
(12)          Indicated that I “might” be in contempt of Court by not following a child visitation order, when the order was voluntary, not mandatory.  Commissioner Oleon had tried this same tactic of embedding “evidence of misconduct” in the record without having to produce any evidence of that misconduct.  I immediately, forcefully, and successfully defended myself against both of these Court originated charges.
 
(13)          Stated in open court that you would clear a date for hearing by moving a couple of calendared cases, but then failed to do so, and didn’t notify me of that change of schedule.
 
(14)          Accepted a valuation date for community property that was five (5) years later than the date already ordered by Judge Grimmer.
 
The above are in my dissolution only (specific dates, documents, testimony, etc. provided as necessary), although I am collecting the names, cases, and events that occurred in other cases heard in your courtroom that are equally troubling.
 
Most troubling in this case, is your statement that, prior to any violation of law, you insist that any future violations of law would result in jail time.  This pre-judgment sentencing was dependant on your own faulty finding of contempt, based on the void order that you declared to be valid by fabricating evidence, itself an act of both treason and perjury.
 
On February 5, 2008, four witnesses heard you state in open court that you would take a certain action to provide me with available evidence (filed March 5, 2008), and not only did you fail to keep that promise, but the transcript was changed to delete your promise, something that can be traced to possible pressure applied (by you?) to the court reporter to change the transcript.
 
So now, you have signed an Order to Show Cause re: Contempt, to be heard in your courtroom despite your prejudice, your incompetence cited above, and your absence of jurisdiction.  This OSC re: Contempt comes during the Christmas, Jewish, Canadian, and African-American holidays, and appears to be solely intended to overshadow the joyful nature of the family events that should occur, and would if it were not for your participation.
 
Therefore, and in compliance with relevant statutory and case law, I ask that you do all of the following:
 
(1)               Resign from the Bench and forfeit any and all benefits that would be due to a Bench Officer following an honorable term of service.
 
(2)               Apologize personally  to my children and to me for your role in keeping them in a state of limbo, by pretending to administer this divorce fairly and in compliance with fact and relevant law.
 
(3)               Allow a bench officer outside of Alameda County to review all other cases in which you interfered with the normal familial and parental processes without justification, facts, and/or law, as determined by the parties themselves.
 
(4)               Apologize to those party(s) and especially the children that you have hurt through your improper actions. 
 
I look forward to hearing promptly that you have taken the above requested actions.
 
 
Respectfully, Tom Deal
 
 
 
 
 
cc:       Presiding Judge Jon Rolefson, Dept. 1, faxed to (510) 891-6276