Marlo Guzman fired as mediator from an Indio Riverside Superior Court family law case by her supervisor


News and Views Riverside Superior Court and National Family Law Abuse


Ms. Guzman was removed from an Indio family law case by her supervisor Lisa Morris. Any parent may file a complaint against a mediator which needs to be addressed within 30 days.

The guidelines and ethics related to mediation are governed by California rules of Court 5.210 (  and the complaint specified that Ms. Guzman failed to adhere to any of the ethical guidelines mandated by rules of court and the best interest of the child standard. Indeed Ms. Guzman did not know the difference between the time period associated with sole physical and joint physical custody, failed to allow the mother ANY holiday time except for a few isolated hours during Christmas, failed to mention domestic abuse and wanted to allow the father to appoint a SUPERVISOR  to supervise the mother for no reason.  Secondly Ms. Guzman’s recommendation was in direct conflict with the existing permanent restraining order against…

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Family members declare Judge Wells a con-man and a snake. History of illegal non-noticed expartes revealed. First ex-wife had to flea.

A comment on the petition for a forensic audit of Judge Wells and actions in family law reveals that a family member has surfaced to highlight why Judge Wells acts in such a corrupt,misogynistic, horrific manner; supporting the removal of Judge Wells from family law.


The family member, in pain, describes Judge Wells as a con-man and snake and reveals why Judge Wells horrifically batters women in his court of law as Judge Well’s first ex-wife had to flea to escape.

Judge Wells takes out every action against women that resemble certain ex-wives and viciously abuses a court of law to harass moms with non-noticed completely senseless expartes that fail to adhere to any standard of the law.

The trigger words for Judge Wells are “fear that the children will be taken out of state” when said children are still registered in school and have never left the state with their mom in any capacity in violation of any court order. Other trigger words are that SHE CANNOT BE MADE TO COMPLY WITH ANY COURT ORDERS, (resembling the fixation against his ex-wife who failed to comply with a marriage), forcing Judge Wells to act on his compulsion to punish his first ex-wife for leaving him.

Moms are forcibly judicially harassed, viciously retaliated against and tied to Judge Wells’ department 2 J as Judge Wells cannot stand the thought that anyone would want to escape his insanity,  including the refusal to adhere to a granted disqualification signed by Judge Wells.

In Judge Wells’ mind there is a statutory exception not found in any code that allows a judge to act after a disqualification although CCP section 170.4 (d) specifies : ”Except as provided in this section, a disqualified judge shall have no power to act in any proceeding after his or her disqualification or after the filing of a statement of disqualification until the question of his or her disqualification has been determined.”

Judge Wells is fixated on fathers and granting their every wish as his own biological children were removed from him.

A judicial officer with this kind of background, including three ex-wives, should never be allowed to go near a family law case.

The petition can be accessed at the following site:

The public lives in fear of Judge Dale Wells, one star rating as terrible judge.

A review published on gavelbangers highlights the fear of concerned fathers and husbands who have to deal with the repercussions of Judge Dale Wells actions in family law. Loving family members have to witness the torture that their wives and daughters are exposed to.

Litigants live in fear of waking up with another non-noticed exparte order, order to show cause or tyrannical ruling that fails to adhere to the law. Litigants live in fear of the absolute anarchy that Department 2 J represents to the court. Litigants live in fear of the absolute lack of accountability that is prevalent in Department 2 J. Judge Wells REFUSES to cease with his harassment and outrageous rulings of target parents while protecting the other parent at all cost, using a court of law to incite domestic violence.

Judge Wells is outraged if a judge issues any orders that deviate from his set path and fabricated pattern in a case that does not adhere to any evidence, testimony or witness testimony presented.  The court refuses to take action and place an impartial judge in

family law. Litigants fail to be treated with respect by a court of law.  Judge Wells has a one star rating on gavelbangers,  Gavelbangers one star rating


RIVERSIDE SUPERIOR COURT FABRICATES FALSE MC 701 forms. Forms originate from Judge Wells’ department 2J.

The court has taken its vendetta to a new level and is fabricating MC 701 forms specifying that a party has allegedly FILED NEW LITIGATION when this is not the case. The court has inserted THREE forms on the same date rather than addressing a filed restraining order with children which has been pending since October 2015. The Restraining order was filed, the court refuses to address it and the restraining order is listed as active.

Each and every fabrication by this court increases the level of domestic violence as the court is the leading and instrumental factor in increasing the existing level of domestic violence.

The FORMS are blank, do not contain a name and specify that they are COURT GENERATED.  In other words not filed by a party and of course do not contain a reference to new litigation in any capacity.

The court refuses to address the fact that the court is fabricating FALSE COURT GENERATED MC 701 forms which are absolutely blank, to create a false record of alleged new filings and denials, merely to increase the domestic violence in this case.  The forms originate form JUDGE WELLS’ DEPARTMENT 2 J with instruction to Irene Ruiz, Indio family law clerk to file blank MC 701 forms. These actions are a blatant vindictive retaliation against the affected party as the court refuses to address the existing circumstances in this case. The court specifies that it is FITTING PUNISHMENT to be treated in this manner, increasing the level of domestic violence with fabricated forms rather than addressing the domestic violence in this case.





Judge Dale Wells issues standing orders to not set any hearing before Judge Sterling


Department 2J has orders not to set any matters before Judge Sterling, even though Judge Sterling has issued a number of orders in family law during his tenure in Department 2 J.  Judge Wells has a well known hatred of Judge Sterling and refuses to set any request for orders that are required to be addressed by the original judge (i.e. when a reconsideration is filed) or allow Judge Sterling to address orders issued by Judge Sterling based on his OSC re Contempt approved for filing or address violations of a restraining order issued by Judge Sterling.
 A number of denials for hearings before Judge Sterling are reflected in diverse minute orders and transcripts by various parties and attorneys.  Judge Wells truly believes that it is acceptable to contaminate the entire court with his disparaging remarks of judges in public proceedings before attorneys and litigants. Judge Wells did the same with a retired judge, Judge Norton. In this instance the denial was actually placed in a minuter order highlighting the bias and prejudice.
The judicial canon of ethics specify that a judge is to promote public confidence in the integrity and impartiality of the judiciary and the judicial process. Highlighting the hatred and disparaging remarks against other judges in a court of law demeans the judicial office. Judge Wells is incapable of allowing Judge Sterling to address the orders issued by Judge Sterling in Department 2J.
The pubic, through the gavel bangers site, has expressed the fear and terror of being exposed to the monstrosity of Judge Wells’ department 2J.
Parties live in substantial terror of being exposed to Judge Wells in a court of law, when the court has a DUTY to serve the public, adhering to an equal protection of the law standard under the 14th amendment and the 1st amendment right to governmental redress.   Instead Judge Wells delights in causing fear; abusing a court of law for his own personal vendetta against parties, attorneys and judges.
Please sign and share to end the unholy reign of terror in Department 2 J, listing your own experiences, with the corresponding petition for forensic audit.

Riverside Superior Court ignores the directions of Presiding Justice Ramirez, Vendetta against litigants continue

A case in the Riverside Superior court mirrors and expresses the vindictiveness of the Riverside Superior court judiciary against women. In this instance the Riverside Superior court is being used as a platform to “prevail” against a party when the party had little success in another court,  the Orange County Superior Court. Continue reading

Judge Harold Hopp makes history. Domestic violence restraining order with children filed on 10/13/2015 listed as ACTIVE without hearing FOR TWENTY DAYS.

A RESTRAINING ORDER WITH CHILDREN LISTED AS ACTIVE FOR TWENTY DAYS WITHOUT THE ISSUANCE OF A TRO. JUDGE HOPP INSTRUCTS CLERKS AND JUDGES TO DELAY ANY AND ALL TRO. Judge Hopp has instructed every clerk in the Riverside Superior Court to forward any and all papers to the disqualified presiding judge’s office to prevent that any request for restraining order with children is addressed.

The disqualified presiding judge has issued instructions to clerks and judges of the Riverside Superior Court to refuse the filing and issuance of a TRO. The judicial vendetta is geared towards delaying any and all action in a family law case in violation of the law and to prevent that any writ proceeding is addressed by the Court of Appeal. Judge Hopp is quite clearly using the Riverside Superior court as his own malicious retaliation tool.

News and Views Riverside Superior Court and National Family Law Abuse

Judge Harold Hopp’s personal vendetta against a litigant in the Riverside Superior Court has outlined the outrageous and malicious nature of the Presiding Judge and his sentiments to domestic violence. October is Domestic Violence awareness month and the Presiding Judge in previous hearings had made it clear that Judge Harold Hopp does not consider restraining orders as domestic violence or abuse and influences the entire court with his outrageous sentiment in violation of all prevailing law.

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Judge Harold Hopp makes history. Domestic violence restraining order with children filed on 10/13/2015 listed as ACTIVE without hearing.

Judge Harold Hopp’s personal vendetta against a litigant in the Riverside Superior Court has outlined the outrageous and malicious nature of the Presiding Judge and his sentiments to domestic violence. October is Domestic Violence awareness month and the Presiding Judge in previous hearings had made it clear that Judge Harold Hopp does not consider restraining orders as domestic violence or abuse and influences the entire court with his outrageous sentiment in violation of all prevailing law. Continue reading

California Whistleblower Protection Act protects officials and employees including anyone who is afraid of loosing their employment at the Riverside Superior Court.

The California Whistleblower Protection Act (the “Act”), which gives the California State Auditor the authority to receive and investigate complaints about improper governmental activities, also protects every state employee who files a complaint from suffering any retaliation by his or her state employer for having made the complaint. Continue reading

Riverside Superior court fosters domestic violence and abuse in homes.Statistics related to domestic violence and child abuse. Causing a whole new generation to be abusive; increasing the risk of future criminal behavior and substance abuse.

Several studies have documented the correlation between child abuse and future juvenile delinquency. Children who have experienced abuse are nine times more likely to become involved in criminal activities (Gold, Wolan Sullivan, & Lewis, 2011. The relation between abuse and violent delinquency: The conversion of shame to blame in juvenile offenders. Child Abuse & Neglect, 35(7), 459–467.) Continue reading

PUBLISHED OPINION: Presiding Justice Ramirez reversed appeal. Restraining order void as there was no consent to having a commissioner hear the matter.

News and Views Riverside Superior Court and National Family Law Abuse

Litigants usually cite Yetenekian v. Superior Court, 140 Cal. App. 3d 361, 189 Cal. Rptr. 458 (Ct. App. 1983) to object to having a commissioner hear a case.

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Remove a biased and prejudicial presiding judge from the Riverside Superior Court. The Riverside Superior Court requires a Presiding Judge who respects the independence and integrity of the judiciary.

Please sign and share widely.

The current Riverside Superior Court Presiding Judge has used the Presiding Judge’s office to further his own vendetta and malice against litigants rather than adhering to the integrity and independence of the judicial system, influencing legal decisions to further a personal vendetta.

Court employees may claim mileage rate as detailed by the Judicial Council

Per the Trial Court Financial Policies and Procedures Manual, Policy no. FIN 8.03: “Personal
vehicle mileage is reimbursable at the current federal mileage reimbursement rate established by the
IRS that corresponds to the date/s of travel.” As a result, judicial officers and those judicial branch
employees authorized to use a personal vehicle on official business for travel occurring or after
January 1, 2014, may be reimbursed up to the new federal standard mileage rate. This change
supersedes Finance Memo TC 2012–001, which established a reimbursement rate of 56.5 cents
per mile” Continue reading

Riverside Superior Court Presiding Judge Hopp instructs Judge Lucky Jackson not to issue TRO after filing a request for restraining order with children

Presiding Judge Harold Hopp after disqualifying himself from a family law case has taken to assigning random judges to a family law case, although there are several assignment orders in place referring to a specific department and is insisting that all documents are received and forwarded to the Presiding Judge’s office although there is a disqualification order in place.

A  parent filed a request for restraining order with children which is still listed as active. Judge Harold Hopp instructed a judge from another superior court division (Judge Lucky Jackson) to NOT issue the Temporary restraining order in an outrageous malicious action, as Judge Lucky Jackson is not assigned to the family law case in any capacity and there is no departmental assignment order to F 502.

Judge Lucky Jackson refused to issue the TRO under with the mandatory DV 110 and DV 109 forms, (  instead using an optional MC 702 form which has no relevance as the Request for Restraining Order with Children is still listed as active in the relevant court case.  The court TO DATE has failed to issue the TRO on the mandatory forms in the mandatory time frame pursuant to CA family code 246 and CA family code 242.

The clerks of the Riverside Superior Court are providing legal advice to litigants based upon the instructions of Presiding Judge Hopp specifying that a litigant should file an EPO with the relevant police department or another Request for Restraining Order when the other one is still pending with the Riverside Superior Court. No person shall practice law in California unless the person is an active member of the State Bar, (CA Business and ProfessionsCode section 6125).
 This occurs when a litigant follows up with the Riverside Superior Court as to the status of documents. The clerks are also specifying that a litigant cannot file any documents in the appropriate manner “as this is what YOU want” and instead insist on receiving and forwarding documents to the disqualified Presiding Judge and to the court executive office who cannot issue any legal rulings.




The judicial council has made an optional form available to anyone who has been declared vexatious specifying that a vexatious litigant may have the prefiling order lifted based upon a material change of facts UPON WHICH THE ORDER IS GRANTED and upon the interest of justice. The form can be found here:

The form does not specify any appeals to be listed.

VLS statute abused in Riverside Superior court and Court of Appeal. Cry for help from concerned Dad.

I am involved in a divorce, my ex-wife took sole custody of our child (Jan 7th 2005).

1) Originally, she claimed that my house was unsafe and that I was tardy to daycare. I suspended the daycare records and filed a motion with the court showing she had lied about the time on every date listed in her complaint and that I was 10-15 minutes early on each.
2) I then filed a second motion showing that she had filed falsified and counterfeit bank records, while attempting to obtain property.
3) And I filed a motion to regain custody showing that I had purchased a brand new home, so that the original Final custodial order – which said that I would be held on professionally supervised visitation until I repaired my home – could be updated.

4) When all three of these motions had been dismissed, where I was never allowed to speak. I then filed an appeal to the issue of custody citing that I had met the requirements to a change in custody. Note: since I was not allowed to speak at the custody hearing not one word, the explanation of the new house was too vague. And her lawyer had my appellant arguments mentioning the new house stricken from the record. So I lost on the appeal.

5) I then filed my fifth motion seeking only reasonable visitation the commissioner stated that she was denying the motion, but ordering a mediation, a 730, and a trial, stating that at trial she would issue a final order. – But my ex-wife’s lawyer asked for five continuances, and then the commissioner that order the trial was replaced. The new commissioner Angel Bermudez, ordered a readiness hearing and then cancelled the trial, stating that I was not shown a significant change of circumstances.

At this point I had filed 5-mptions that had been denied. Therein I was declared a vexatious litigant. It is now Sept. 2015. I still remain on professionally supervised visitation at 6-hours a week. All of my motions and my appeals were all denied without being heard, because I was denied permission as a vexatious litigant.

I hired an attorney and filed motions with counsel, but the Hemet court says that even with an attorney I still need permission and they simply dismiss the motions without hearing them. I am not entitled to a hearing even with counsel as a vexatious litigant.

For almost 11-years now, I continue to pay for professionally supervised visitation, I pay $50 per hour to see my son, and while we visit he cries telling me that his mother gets drunk and punches on his face, he tells me that he has to keep it a secret because otherwise they will take him away and he doesn’t know where he would live. He asked me to help him (crying in front of the professional monitor). I have also found through child protective services that there have been 9-mandated CPS calls about abuse – less than half investigated with no results. My ex also enjoys using Facebook, she post funny messages about how she was so drunk that she was hospitalized and how to talks her way out of DUIs.

Every once in a while my ex-wife has to renew her restraining order, so I get to say a few words in court. During the last renewal, Commissioner Angel Bermudez stated that he would allow my ex-wife to testify without considering truth, and that he would not allow a trial to dispute the evidence. My ex-wife testified that she needed to renew the restraining order because almost a year after I was placed on supervised visitation that she claims that I brought my son into her place of business and that I tortured him in front of her. That she scram in terror and that police hunted me down. She also said that she left the police report at home. – Here I tried to explain to Bermudez that I was on professional supervised visitation at the time of the alleged assault and that the CLETS restraining order was in place at the time of the alleged assault. That I had a police clearance showing that I had never been arrested. I repeatedly asked for a trail so that I could show that she never called the police and that I never saw my son (not once in that entire year). Making the whole story an impossibility. But the judge refused to allow me a trial because he told me that I didn’t have Right’s because I was a vexatious litigant. I tried to appeal, the appellate court refused to her the appeal because I was a vexatious litigant.

I have only been to court on one issue (my one divorce), I was found to be a vexatious litigant based upon 5-motions that were dismissed. And even with an attorney I am still not allowed a hearing without permission, and I have never been granted permission.

US court imprisons 9 year old child in a children’s camp for refusing to follow orders in a domestic violence case


The actions by Judge Lisa Gorcyca, of Oakland County, Michigan reflect how the U.S. is currently isolating children and violating every single international law that exists including the universal declaration of human rights (

This is what occurs when children are exposed to the court on a repeated basis in a high conflict case, when children are fed up.  A child cannot be ordered to have a “healthy” relationship with a parent. The role is on the parent to develop that relationship fostered by the other parent without the brainwashing and manipulation of the other parent and detrimental language where the child is being coached to call the other parent “an asshole” or a “delusional piece of shit”  or where the children are being exposed to constant negative and detrimental portrayal of their parent by the other parent and third parties..

The entire childhood of these children is centered around an insane court and the insane actions of Judge Lisa Gorcya, who according to the report of Brian Silver Esq ( has since retracted the decision of a children’s camp and sent the son to a summer camp.

CA law specifies that the court has to consider which parent is more likely to allow the child frequent and continuing contact with the “non custodial” parent, which includes the parent who willfully violates court orders to prevent access to children. The onus is on the parent not the child. (CA family code 3040  (a))

 In making an order granting
custody to either parent, the court shall consider, among other
factors, which parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent, consistent with
Sections 3011 and 3020,

Former Presiding Judge Cope loses control of his mental faculties, imposes sanctions for failure to appear without filed OSC . Additional OSC for sanctions for failure to appear set with $ 1500 in sanctions

On 9/1/2015 the court heard an additional OSC for failure to appear with $ 1500 in sanctions. The case notation specifies that $ 1500 in sanctions for failure to appear was issued on 7/30/2015 when there was no filed OSC on calender and the previous OSC with regard to this issue had been taken off calender.

On 7/30/2015 the court filed an additional OSC for failure to appear for $ 1500 in sanctions set for 9/1/2015. CCP § 177.5 specifies that the maximum sanctions award is $ 1500 and can only be issued upon notice and opportunity to be heard. It appears that Judge Mark Cope has enormous problems and is seriously confused as to issuing sanctions when there is no filed OSC on calender and as to the actual meaning and relevance of CCP § 177.5 and appears to issue $ 3000 in sanctions for the same offense.

The same occurred in another case also heard on 9/1/2015 where the court heard an OSC for sanctions for failure to appear when it had previously issued sanctions on 7/30/2015 without a filed OSC or notice. Two other cases heard on 9/1/2015 have the same sanctions issued without a filed OSC.

Due process generally originates from the Fourteenth Amendment of the United States and the fundamental principle mandates that there has to be notice and an opportunity to be heard and EQUAL protection under the law. Due process is viewed as the gold standard in civil and criminal cases.

CCP § 177.5 specifies “A judicial officer shall have the power to impose reasonable money sanctions, not to exceed fifteen hundred dollars ($1,500), notwithstanding any other provision of law, payable to the court, for any violation of a lawful court order by a person, done without good cause or substantial justification. This power shall not apply to advocacy of counsel before the court. For the purposes of this section, the term “person” includes a witness, a party, a party’s attorney, or both.
Sanctions pursuant to this section shall not be imposed except on notice contained in a party’s moving or responding papers; or on the court’s own motion, after notice and opportunity to be heard. An order imposing sanctions shall be in writing and shall recite in detail the conduct or circumstances justifying the order.”

– See more at:


HONORABLE Judge Mark A Cope
DATE: 09/01/15 TIME: 8:30 DEPT: T1

Hearing on Order to Show Cause re: Why an additional $1500
sanction S/N be imposed for FTA as to JENNIFER BRADY.



To be determined by Judge


At hearing on 07/30/15, no appearance made by personal rep and
Court imposed $1500 in sanctions

This OSC re: additional sanctions then set


Examined by J. Real on 08/18/15.

Reviewed by J. Real on 08/27/15. No new documents filed.


Hearing on Order to Show Cause re: Why Sanctions S/N be imposed
for failure to appear as to ALLAN RICHARD MARTIN.



To be determined by Judge


At hearing on 07/30/15, no appearance was made and Court imposed
$500 in sanctions and set this OSC
Superior Court of California – Countywide PROBATE Page: 31

HONORABLE Judge Mark A Cope
DATE: 09/01/15 TIME: 8:30 DEPT: T1

re: why additional sanctions should not be imposed


Examined by J. Real on 08/18/15.

Reviewed by J. Real on 08/27/15. No new documents filed.


Riverside Superior Court Indio Family law division initiates new vexatious policy to harass pro per litigants. OSC set without filed OSC TO STRIKE RESPONDENT’S PLEADINGS FOR FAILURE TO COMPLY.

Department 2 J has two family law matters on calendar on 8/13/2015. Both matters have been set without a filed Order to Show Cause and without the mandatory notice required by law. The hearings are to address why the respondent’s pleadings should not be struck for failure to comply. Continue reading

Litigants request first amendment right to have access to the court system.

Ron Pierce testified in front of the judicial council last year. There was a limited amount of time to present the issues. Ron detailed the problems that litigants face when trying to access the court system. Instead of merely providing a platform for litigants to voice their opinion in less than 1 minute, litigants should have a legal recourse available to them as provided by the first amendment right to governmental recourse. The United States claims to provide a home for the free and the brave, instead the U.S. judiciary has shackled litigants by prohibiting that they exercise their constitutional rights and there is NO EQUAL PROTECTION STANDARD UNDER THE LAW AS PROVIDED BY THE FOURTEENTH AMENDMENT. To date the judicial council has not implemented any steps based on the feedback they obtained from litigants or attorneys.

These are the profound words of the former Riverside Superior Court Presiding Judge, Mark Cope.

“People have a civil right, and therefore a constitutional right to have
their issues resolved in a fair way,” the presiding judge in Riverside
County, Mark Cope, said. “When they can’t get into court to have those
issues heard … it’s a violation of those rights.”

The above statement was part of a comment on the current budget crisis in the Riverside Superior Court, published in the Gavel Grab.

On his online running platform, under justice, Judge Cope advocates that “The role of a judge is not to make law, but to apply it”.

Although as litigants we truly appreciate the sentiment, the reality that parents and children deal with in the Riverside Superior Court is very different. Our cases are not heard and most of us have our constitutional rights violated on a day to day basis, with cases languishing for years as the Court refuses to address the legal standard required to overturn heinous criminal custody orders where parents and their children alike suffer and are tormented. The sentiment is to sweep everything under a rug hoping that we will go away or to perpetuate the malicious legal rape and battery that has become the norm. For most of us giving up on our children is not a possibility, as our children as parents are all we care about, and the Court is our only option.

Our constitution in this country guarantees that the relationship between parents and their children is accorded a protected preferential status and we have the first amendment right to have our cases addressed. The fourteenth amendment substantive due process right to a protected familial parent child relationship was already recognized in IDK, Inc. v. County of Clark, 836 F.2d 1185, 1192 (9th Cir. Nev. 1988) and Carey v.Population Services International, 431 U.S. 678, 684-685 (1977), where the United States Supreme Court repeatedly teaches that there is “a right of personal privacy” which includes “family relationships,” and child rearing and education.

We expect justice and we expect that the court addresses the law and that our protected rights under the constitution be treated that way. That scenario does not exist in the Riverside Superior Court. Why for example is a litigant denied access to the Court system for a year, while their paperwork vegetates on a desk somewhere?

Why are our children forced to suffer due to the heinous orders initiated by a court that violated all due process accorded by the relevant statute and the fourteenth amendment equal protection standard, merely as the relevant judicial officer wanted to teach a parent a lesson and was fixated on punishing a litigant with his/her children?

Why can none of us obtain the legal relief in the interest of justice that we are entitled to under the statute as there was a blatant miscarriage of justice which the court can correct pursuant to CCP section 128.(a)(8) and CA family code section 3022 and the Court refuses that we file the appropriate and necessary litigation to address these orders?

Words, your Honor are meaningless, unless the appropriate action mirroring those words is implemented, and we are accorded the relief that we are constitutionally entitled to.

The current Riverside Superior Court Presiding Judge, (Judge Harold Hopp) and the Assistant Presiding Judge, (Judge Becky Dugan), now hide the request for orders and paperwork that have been presented to the court and instruct judicial bench officers not to address proposed orders or amended proposed orders. None of the request for orders are addressed in a timely manner and the court refuses to address them in any capacity.

OSC hearings for sanctions set without a filed OSC. Judge Cope’s department issues sanctions without notice and opportunity to be heard.

The probate department appears to be violating the applicable law as it relates to issuing and setting hearings for sanctions. CCP 177.5 is very clear that there needs to be a noticed hearing and opportunity to be heard. Judge Cope’s department repeatedly sets hearings for an OSC for sanctions without a FILED OSC. The same hearing was continued twice already.





Forensic Audit of Judge Cope’s department needed

The Riverside Superior Court and courts across the state are attempting to conserve judicial resources. The judicial council even advises the courts that they need to cut back on the resources used and increase their fees. Judge Cope’s Probate department has a habit of granting continuances 3-5 times for the same proceeding so that the cases drag on for months at a time.

Judge Cope even sets a separate hearing to simply FILE A SIGNED ORDER WITH THE CLERK’S office and continues a hearing to sign the order and file it with the clerk’s office.

Normally judges simply sign the order and serve it on the parties of the case. No separate hearing is required to simply FILE AN ORDER with the clerk’s office.

If one adds up the cost for the probate support staff to review cases for additional filed documents, and the cost of the court reporter, the clerk and the judicial officer it appears that Judge Cope’s department is wasting considerable court resources.

HONORABLE Judge Mark A Cope
DATE: 08/04/15 TIME: 8:30 DEPT: T1

Hearing re: Review re: Proof of Blocked Account



Continue for signed order to be filed at clerk’s office.


At hearing on 06/02/15, Court approved minor’s compromise and
ordered $16,008 deposited into blocked account

Receipt filed 07/22/15

Judge Becky Dugan refuses to file amended proposed order. Riverside Superior Court for the first time in history refuses to address proposed orders that are common practice in law.

Judge Becky Dugan is the new Assistant Presiding Judge of the Riverside Superior Court. The Riverside Superior Court for the first time in history is refusing to address proposed orders after instructing the relevant judge to look for it and instructing the litigant to resubmit it. Continue reading

Judge Mark Cope recommends sanctions without notice at a review hearing. Violation of CCP 177.5.

The probate department has a habit of issuing sanctions without notice or filing an order to show cause for sanctions. As an example the court has set a review hearing for proof of blocked account. The recommendation is to issue sanctions. There is no proof of service that the “parties” were advised of the recommendation nor was an order to show cause for sanctions filed.


CCP 177.5. A judicial officer shall have the power to impose reasonable
money sanctions, not to exceed fifteen hundred dollars ($1,500),
notwithstanding any other provision of law, payable to the court, for
any violation of a lawful court order by a person, done without good
cause or substantial justification. This power shall not apply to
advocacy of counsel before the court. For the purposes of this
section, the term “person” includes a witness, a party, a party’s
attorney, or both.
Sanctions pursuant to this section shall not be imposed except on
notice contained in a party’s moving or responding papers; or on the
court’s own motion, after notice and opportunity to be heard. An
order imposing sanctions shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.

HONORABLE Judge Mark A Cope
DATE: 08/06/15 TIME: 8:30 DEPT: T1
6. MCP1500252 Matter of REGINA ERAZO

Hearing re: Review re: Proof of Blocked Account



Recommend sanctions issue if receipt is not filed


Court approved petition for compromise and ordered $7514.60
deposited into a blocked account

Order to deposit filed 07/06/15


No receipt for blocked account filed


1 continuance(s)

Examined by J. Real on 06/05/15.

Updated by J Real on 06/22/15.

Reviewed by J. Real on 07/01/15. No new documents filed.

Updated by J Real on 07/23/15.


Riverside Superior Court, Indio Family law department allows contempt of proceedings without personal proof of service; a jurisdictional requirements

An Order to show cause (OSC) for contempt was FILED by the Indio Family Law Department of the Riverside Superior Court, in Department 2 J. Once the OSC for contempt has been approved it is up to the adversarial party to serve the OSC on the person allegedly guilty of contempt proceedings.  The docket shows that the contempt of court hearing was continued with a mailed proof of service. Continue reading

Presiding Judge Harold Hopp has failed to implement the necessary rules and procedures.A Dissolution action was dismissed by the Riverside Superior Court, Indio family law department, against the law

The case docket reveals that a dissolution action was dismissed after Judge xxxx filed an Order to Show Cause RE Non Proof of Service pursuant to CCP 583 et seq. The hearing for failure to file a proof of service was set within 30 days from the date that the action was filed on the date that the dissolution summons was filed.

On 4/20/2015 Judge xxxxx issued the OSC. The court docket does not show that a proof of service was filed for the OSC and there was no notice of court hearing normally served by a clerk, just a notice of assignment to Judge xxxxx.

Normally a summons and complaint needs to be served within 60 days from the date it is filed, (if the court participates in the Trial Court Delay Reduction Act), and answered within 30 days once served.

Proof of service needs to be filed with the court within 60 days after the time the summons must be served upon the defendant. The relevant law is posted below. However, in the proceeding held on 5/27/2015 which was not even properly placed on the court’s calendar  the court dismissed the entire action.

A search of the local rules of court reveals that the Riverside Superior Court does not have any rules addressing the Trial Court Delay Reduction Act  Those rules need to be implemented by the Presiding Judge of the Riverside Superior Court pursuant to Title 2 rules of court.

California Title 2 rules of court addresses the Case management and delay reduction-statement of general principles and the Presiding Judge’s role in implementing the expeditious resolution of cases as follows:

Standard 2.1  (c) Presiding judge’s role (

The presiding judge of each court should take an active role in advancing the goals of delay reduction and in formulating and implementing local rules and procedures to accomplish the following:

(1)The expeditious and timely resolution of cases, after full and careful consideration consistent with the ends of justice;

(2)The identification and elimination of local rules, forms, practices, and procedures that are obstacles to delay reduction, are inconsistent with statewide case management rules, or prevent the court from effectively managing its cases;

(3)The formulation and implementation of a system of tracking cases from filing to disposition; and

(4)The training of judges and nonjudicial administrative personnel in delay reduction rules and procedures adopted in the local jurisdiction.

The recommended goals for case disposition is defined under California Rules of Court Standard 2.2. Trial court case disposition time goals (

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SECTION 583.210-583.250

583.210.  (a) The summons and complaint shall be served upon a
defendant within three years after the action is commenced against
the defendant. For the purpose of this subdivision, an action is
commenced at the time the complaint is filed.
   (b) Proof of service of the summons shall be filed within 60 days
after the time the summons and complaint must be served upon a

583.220.  The time within which service must be made pursuant to
this article does not apply if the defendant enters into a
stipulation in writing or does another act that constitutes a general
appearance in the action. For the purpose of this section none of
the following constitutes a general appearance in the action:
   (a) A stipulation pursuant to Section 583.230 extending the time
within which service must be made.
   (b) A motion to dismiss made pursuant to this chapter, whether
joined with a motion to quash service or a motion to set aside a
default judgment, or otherwise.
   (c) An extension of time to plead after a motion to dismiss made
pursuant to this chapter.

583.230.  The parties may extend the time within which service must
be made pursuant to this article by the following means:
   (a) By written stipulation. The stipulation need not be filed but,
if it is not filed, the stipulation shall be brought to the
attention of the court if relevant to a motion for dismissal.
   (b) By oral agreement made in open court, if entered in the
minutes of the court or a transcript is made.

583.240.  In computing the time within which service must be made
pursuant to this article, there shall be excluded the time during
which any of the following conditions existed:
   (a) The defendant was not amenable to the process of the court.
   (b) The prosecution of the action or proceedings in the action was
stayed and the stay affected service.
   (c) The validity of service was the subject of litigation by the
   (d) Service, for any other reason, was impossible, impracticable,
or futile due to causes beyond the plaintiff's control. Failure to
discover relevant facts or evidence is not a cause beyond the
plaintiff's control for the purpose of this subdivision.

583.250.  (a) If service is not made in an action within the time
prescribed in this article:
   (1) The action shall not be further prosecuted and no further
proceedings shall be held in the action.
   (2) The action shall be dismissed by the court on its own motion
or on motion of any person interested in the action, whether named as
a party or not, after notice to the parties.
   (b) The requirements of this article are mandatory and are not
subject to extension, excuse, or exception except as expressly
provided by statute.

CAL. GOV. CODE § 68616 : California Code – Section 68616

(a) Service of the complaint within 60 days after filing. Exceptions, for longer periods of time, (1) may be granted as authorized by local rule, and (2) shall be granted on a showing that service could not reasonably be achieved within the time required with the exercise of due diligence, consistent with the amount in controversy.

(b) Service of responsive pleadings within 30 days after service of the complaint. The parties may stipulate to an additional 15 days. Exceptions, for longer periods of time, may be granted as authorized by local rule.

(c) Time for service of notice or other paper under Sections 1005 and 1013 of the Code of Civil Procedure, and time to plead after service of summons under Section 412.20 of the Code of Civil Procedure, shall not be shortened, except as provided in those sections.

(d) Within 30 days of service of the responsive pleadings, the parties may, by stipulation filed with the court, agree to a single continuance not to exceed 30 days.

It is the intent of the Legislature that these stipulations not detract from the efforts of the courts to comply with standards of timely disposition. To this extent, the Judicial Council shall develop statistics that distinguish between cases involving, and not involving, these stipulations.

(e) A status conference, or similar event, other than a challenge to the jurisdiction of the court, shall not be required to be conducted sooner than 30 days after service of the first responsive pleadings, or 30 days after expiration of a stipulated continuance, if any, pursuant to subdivision (d).

(f) Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure shall govern discovery, except in arbitration proceedings.

(g) A case shall not be referred to arbitration prior to 210 days after the filing of the complaint, exclusive of the stipulated period provided for in subdivision (d). Any rule adopted pursuant to this article shall not contravene Sections 638 and 639 of the Code of Civil Procedure.

(h) Unnamed (DOE) defendants shall not be dismissed or severed prior to the conclusion of the introduction of evidence at trial, except upon stipulation or motion of the parties.

Maha Abdel Rahim criminal case has been pending for over two years in the Riverside Superior Court with no end in sight

In general criminal trials are speedily disposed of as the criminal defendant has the right to a speedy trial. However, In Maha Abdel Rahim’s case  her criminal case has been pending for over two years after the initial complaint was filed on 1/9/2013 by the Riverside County District Attorney’s office, for Felony violation of CA penal code 278.5.  The docket shows 5 trial court readiness hearings, 2 preliminary hearings, and 2 felony settlement conferences.

In addition, Judge Becky Dugan, set a trial on 02/23/2015, it was vacated and another trial court readiness conference was set in violation of CA penal code section 1382 (a)(2)(b) which states that the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.

(B) The defendant requests or consents to the setting of a trial
date beyond the 60-day period. In the absence of an express general
time waiver from the defendant, or upon the withdrawal of a general
time waiver, the court shall set a trial date. Whenever a case is set
for trial beyond the 60-day period by request or consent, expressed
or implied, of the defendant without a general waiver, the defendant
shall be brought to trial on the date set for trial or within 10 days

Under California law a delay of one year can create a presumption of prejudice. (Id. at pp. 655-656; People v. Williams (2013) 58 Cal.4th 197, 234-235 [seven year delay in bringing a capital case was presumptively prejudicial].(

CA penal code section 1382 (a)(2)(A) specifies that unless the defendant enters a 60 day trial waiver the sanction of dismissal may apply.

 (A) The defendant enters a general waiver of the 60-day trial
requirement. A general waiver of the 60-day trial requirement
entitles the superior court to set or continue a trial date without
the sanction of dismissal should the case fail to proceed on the date
set for trial. If the defendant, after proper notice to all parties,
later withdraws, in open court, his or her waiver in the superior
court, the defendant shall be brought to trial within 60 days of the
date of that withdrawal. Upon the withdrawal of a general time waiver
in open court, a trial date shall be set and all parties shall be
properly notified of that date. If a general time waiver is not
expressly entered, subparagraph (B) shall apply.

Maha has not seen her son in over two years due to the unreasonable and prejudicial delay of the criminal case. Any parent can identify with that pain and suffering. The Eighth Amendment of the US constitution prohibits cruel and unusual punishment.





Judge’s Extra-judicial Activities may not demean the judicial office, cast doubt on impartiality

7 A. Extrajudicial Activities in General
9 A judge shall conduct all of the judge’s extrajudicial activities so that they do not
11 (1) cast reasonable doubt on the judge’s capacity to act impartially;*
13 (2) demean the judicial office;
15 (3) interfere with the proper performance of judicial duties; or
17 (4) lead to frequent disqualification of the judge.
20 Complete separation of a judge from extrajudicial activities is neither
21 possible nor wise; a judge should not become isolated from the community in
22 which he or she lives. Expressions of bias or prejudice by a judge, even outside
23 the judge’s judicial activities, may cast reasonable doubt on the judge’s capacity
24 to act impartially* as a judge. Expressions that may do so include inappropriate
25 use of humor or the use of demeaning remarks. See Canon 2C and accompanying
26 Commentary.
27 Because a judge’s judicial duties take precedence over all other activities
28 (see Canon 3A), a judge must avoid extrajudicial activities that might reasonably
29 result in the judge being disqualified.

Intrusion in private places and in a home is the primary weapon of a tyrant. CA law recognizes intrusion tort for violation of privacy.

Of the four privacy torts identified by Prosser, the tort of intrusion into private places, conversations or matter is perhaps the one that best captures the common understanding of an “invasion of privacy.” It encompasses unconsented-to physical intrusion into the home, hospital room or [18 Cal.4th 231] other place the privacy of which is legally recognized, as well as unwarranted sensory intrusions such as eavesdropping, wiretapping, and visual or photographic spying. (See Rest.2d Torts, § 652B, com. b., pp. 378-379, and illustrations.) It is in the intrusion cases that invasion of privacy is most clearly seen as an affront to individual dignity. “[A] measure of personal isolation and personal control over the conditions of its abandonment is of the very essence of personal freedom and dignity, is part of what our culture means by these concepts. A man whose home may be entered at the will of another, whose conversations may be overheard at the will of another, whose marital and familial intimacies may be overseen at the will of another, is less of a man, has less human dignity, on that account. He who may intrude upon another at will is the master of the other and, in fact, intrusion is a primary weapon of the tyrant.” (Bloustein, Privacy as an Aspect of Human Dignity: An Answer to Dean Prosser (1964) 39 N.Y.U. L.Rev. 962, 973-974, fn. omitted.)

Despite its conceptual centrality, the intrusion tort has received less judicial attention than the private facts tort, and its parameters are less clearly defined. The leading California decision is Miller v. National Broadcasting Co., supra, 187 Cal.App.3d 1463 (Miller). Miller, which like the present case involved a news organization’s videotaping the work of emergency medical personnel, adopted the Restatement’s formulation of the cause of action: “One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.” (Rest.2d Torts, § 652B; Miller, supra, 187 Cal.App.3d at p. 1482.) The tort is proven only if the plaintiff had an objectively reasonable expectation of seclusion or solitude in the place, conversation or data source. (Rest.2d Torts, § 652B, com. c., p. 379; see, e.g., PETA v. Bobby Berosini, Ltd. (1995) 111 Nev. 615 [895 P.2d 1269, 1280-1281]

Shulman v. Group W Productions, Inc. (1998) – 18 Cal.4th 200, 74 Cal.Rptr.2d 843, 955 P.2d 469.

Riverside Superior Court Budget and salary schedule, for the interested tax payer.

The certified baseline budget is made available by the Judicial Council. The Riverside Superior Court Budget is available at the Judicial Council website:

The budget reveals $ 4,319,851.00 profit.

The salary schedule for the Riverside Superior Court employees has also been certified by the court executive officer and released by the judicial council and is available at the following site:

New published opinion by the Fourth district Court of Appeal Division one, addresses the mandatory 60 day period for ruling upon a motion. Relevance to the VLS statute in CA.

The VLS statute specifies that there is no defined time period for filing motions, which mirrors the Shalant holding that motions in one civil case do not qualify as new litigation as defined pursuant to CCP 391.(a).

A new published case by the Fourth District Court of Appeal, has allocated a new meaning to the mandatory time frame for deciding any motion for new trial once filed as the time limit in section 660 is jurisdictional. Consequently an order granting a motion for new trial beyond the relevant 60 day time period is void.

The case has relevance for any civil family law proceeding where litigation has been received and forwarded and file stamped as received. Pursuant to California rules of court 1.20 (a) litigation is deemed filed once it has been received by the clerk.

“The power of a trial court to rule on a motion for a new trial expires 60 days after  (1) the clerk mails the notice of entry of judgment, or (2) a party serves written notice of entry of judgment on the party moving for a new trial, whichever is earlier, or if no such notice is given, then 60 days after filing of the first notice of intent to move for a new trial. (§ 660.) If the motion for a new trial is not ruled upon within the 60-day time period, then ‘the effect shall be a denial of the motion without further order of the court.’ (§ 660.) The 60-day time limit provided in section 660 is jurisdictional. Consequently, an order granting a motion for a new trial beyond the relevant 60-day time period is void for lack of jurisdiction.” (Dakota Payphone, LLC v. Alcaraz (2011) 192 Cal.App.4th 493, 500; see Mercer v. Perez (1968) 68 Cal.2d 104, 123; Siegal v. Superior Court (1968) 68 Cal.2d 97, 101.)

Section 659, governing new trial motions, provides in part: “(a) The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of his or her intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court, or both, either: [¶] (1) After the decision is rendered and before the entry of judgment. [¶] (2) Within 15 days of the date of mailing notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon him or her by any party of written notice of entry of judgment . . . .”

“[C]ompliance with the 15-day requirement of section 659 is jurisdictional,” and absent compliance a trial court is “without power to entertain the motion.” (Tri-County Elevator Co. v. Superior Court (1982) 135 Cal.App.3d 271, 277.)

Presiding Judge Hopp disqualifies himself from a family law case. Malicious vendetta of the CURRENT Presiding Judge continues.


One again the Presiding Judge of the Riverside Superior Court flipp flopps from existing orders in a case.

Presiding Judge Cope in December of 2014 had appointed the current family law judge in this case as the designate to hear any litigation pursuant to CA family code 391.7 (e).

Based upon a filed request for a reconsideration of Judge Hopps flipp flopping decisions on 4/20/2015 where he approved and granted the request to remove a vexatious litigant from the judicial council list twice, which was sent to his office on 4/29/2015, he disqualified himself on 5//13/2015. The reconsideration was file stamped on 4/29/2015 and has yet to be acted on within the 10 day frame required for a reconsideration litigation.

The malice displayed by his insane decisions heightens the bias and prejudice displayed by the Riverside Superior Court and that this court cannot conduct any proceedings that comply with the law as the court failed to once again address the request for order in the mandatory time frame, based upon its vendetta; against ONE certain litigant. Judge Hopp assigned the case to a judge who is responsible for criminal law and is not assigned to any cases in Riverside family law.


HONORABLE JUDGE MARK A COPE PRESIDING. Minute order dated: 11/04/2014

State definition of sexual harassment and emotional distress. Hostile work environment is not conducive to a positive interaction with employees.

The CA department of fair housing and employment regulates the definition of sexual harassment and the damages awarded for emotional distress.

All employers are prohibited from harassing their employees including through physical, verbal and visual conduct. Exposure to various kinds of behavior or to unwanted sexual advances alone may constitute harassment.

Fair Employment and Housing – Sexual Harassment

Continue reading

Riverside Superior Kangaroo court emerges with a vengeance. Judge Hopp’s initiation as Presiding Judge begins with a bang.

Another day in Paradise of the most revered law institute in Riverside County. Presiding Judge Hopp has initiated his term as Presiding Judge by once again flipp flopping from one decision to the next, without adhering to the law. Kangaroo court’s unite would be appropriate but there is only one kangaroo court in Riverside county.

In his latest insanity, Judge Harold Hopp GRANTED litigation TWICE, on 3/20/2015 and 4/20/2015 and ordered the JUDICIAL COUNCIL on 4/20/2015 to remove a “vexatious litigant” from the vexatious litigant list.

HOWEVER, Judge Hopp actually failed to grant the application to remove A vexatious litigant from the vexatious litigant list.

Flipp flopping does not describe the malicious vendetta of the Riverside Superior Court. When a litigant requests reconsideration of Judge Hopp’s conflicted decision, the court INSISTS ON the filing of OPTIONAL MC 701 and MC 702 forms BEFORE addressing the request for order addressing his conflicted decision. However, strangely enough these forms were not required to FILE the actual application which resulted in TWO orders granting the application.

There are no words to describe the malicious snickering actions of this court and the heinous nature of the flipp flopping decisions of this court and the legal relevance. The truly disgusting nature as to what this institution of law has actually become and the prejudicial and hostile State of Mind towards a litigant is reflected by an email received from Presiding Judge Hopp’s office.

The complaint as to actions of the Presiding Judge and the request to file the litigation in this case, which was cc’d to the Presiding Judge was returned with an email from Presiding Judge Harold Hopp as follows:

> To: xxxxxx
> CC:;
> Subject: Re: Request for order IND xxxxx Reconsideration and Motion to Quash/Dismiss Judge Hopp’s order dated 4/20/2015.
> Date: Thu, 30 Apr 2015 23:16:18 +0000
> She’s lying. I never granted her request to be removed from the vexatious litigant list. Never will!
> Harold W. Hopp
> Presiding Judge
> Riverside County Superior Court
> > On Apr 30, 2015, at 4:06 PMxxxxxxxxxxxxxxxxx> wrote:
> >
> > Dear Sir/Madam,
> >
> > Please see the below complaint with the attached litigation in question.
> >
> > Sincerely,
> >
> >xxxxxx

Judge Hopp attempted to recall his email:

> From:
> To: xxxxxx
> CC:;
> Subject: Recall: Request for order IND xxxxx Reconsideration and Motion to Quash/Dismiss Judge Hopp’s order dated 4/20/2015.
> Date: Thu, 30 Apr 2015 23:37:39 +0000
> Hopp, Harold would like to recall the message, “Request for order IND 098669 Reconsideration and Motion to Quash/Dismiss Judge Hopp’s order dated 4/20/2015.”.



Amicus Brief published in Domestic Violence Supreme court case by Domestic Violence Legal Empowerment and Appeals Project (DV LEAP)

Some relevant excerpts are included below:

“The adversarial setting of a custody dispute tends to magnify the inherent inclination to disregard, discount, or reject allegations of abhorrent acts when those allegations are made by one litigating parent against the other litigating parent. See Getting to the Truth at 123-24; Lundy Bancroft et al., The Batterer as Parent: Addressing the Impact of Domestic Violence on Family Dynamics 154 (2d ed. 2012) (“Family courts and child protective services often appear skeptical of domestic violence or child abuse allegations brought by women in custody and visitation litigation, believing that such reports are exaggerated for strategic purposes.”). “[B]ecause the [custody] court is hearing only from two warring parents, . . . courts become deaf to mothers’ claims that they are advocating for the best interest of their children.” Joan S. Meier, Domestic Violence, Child Custody, and Child Protection: Understanding Judicial Resistance and Imagining the Solution, 11 Am. U. J. Gender Soc. Pol’y & L. 657, 717 (2003) (Understanding Judicial Resistance) (“Many judges’ and mental health professionals’ resistance to taking seriously a battered mother’s claims of risk to children is driven, at least in part, by the fact that she is a litigant with a presumed self-interested bias against the opposing party, which casts doubt on all of her claims about the children’s welfare.”). The tendency of courts to discount abuse claims made by one parent against the other may be revealed, for example, when a judge indicates from the 0 bench that he intends to discredit reports of child maltreatment merely because it was reported “by the mother.” See id. at 665 (describing case in which judge disparaged attorney’s allegations of the child’s destructive behaviors after visits with the child’s father).

. A recent study considered 27 custody cases involving parental allegations of child abuse initially determined to be false, resulting in an order granting 2 custody to the alleged abuser. The allegations were later found to be valid and, in a subsequent proceeding, the child was protected from unsafe contact with the abusive parent. In analyzing the factors that caused the incorrect initial determinations, the authors found one significant problem to be that the “[f]amily courts were highly suspicious of mother’s motives for being concerned with abuse.”

Second Appellate District Court of Appeal: Published civil case highlights Mediation confidentiality of products originating from mediation

Mediation confidentiality is codified in Evidence Code section 1115 et seq.3 “With specified statutory exceptions, neither ‘evidence of anything said,’ nor any ‘writing,’ is discoverable or admissible ‘in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which . . . testimony can be compelled to be given,’ if the statement was made, or the writing was prepared, ‘for the purpose of, in the course of, or pursuant to, a mediation . . . .’ ” (Cassel v. Superior Court (2011) 51 Cal.4th 113, 117 (Cassel), quoting § 1119, subds. (a), (b).) Even after mediation ends, communications and writings protected by the statutes are to remain confidential. (§ 1126.)

Our Supreme Court has broadly applied the mediation confidentiality statutes and all but categorically prohibited judicially crafted exceptions, even in situations where justice seems to call for a different result. (Cassel, supra, 51 Cal.4th at p. 118; see Wimsatt v. Superior Court (2007) 152 Cal.App.4th 137, 152 (Wimsatt).) “To carry out the purpose of encouraging mediation by ensuring confidentiality, the statutory scheme . . . unqualifiedly bars disclosure of communications made during mediation absent an express statutory exception.” (Foxgate Homeowners’ Assn. v. Bramalea California, Inc. (2001) 26 Cal.4th 1, 15 (Foxgate); accord, Rojas v. Superior Court (2004) 33 Cal.4th 407, 416; Fair v. Bakhtiari (2006) 40 Cal.4th 189, 194.) “Judicial construction, and judicially crafted exceptions, are permitted only where due process is implicated, or where literal construction would produce absurd results, thus clearly violating the Legislature’s presumed intent. Otherwise, the mediation confidentiality statutes must be applied in strict accordance with their plain terms. Where competing policy concerns are present, it is for the Legislature to resolve them.” (Cassel, at p. 124; Simmons v. Ghaderi (2008) 44 Cal.4th 570, 582-583; Foxgate, at pp. 14-17.)

California Appeal court system oppresses immigrants


Small matters such as the U.S. civil rights act of 1964 and the Fourteenth Amendment equal protection standard under the law have no relevance in the Fourth District Court of Appeal or in the California Supreme Court, nor does the ability to seek redress from the court if you are an immigrant caught up in legal proceedings.

Litigants just need to point to the California Supreme court stats to highlight that pro per immigrant litigants are unable to obtain the relief they are legally entitled to based on a Court of Appeal “opinion” that revels in the oppression and subjugation of immigrant litigants.

Riverside Superior court pontificates on remittitur in non noticed exparte hearing to recite the court of appeal opinion.

The utter fictitious nature of the current proceedings being held in the court have litigants scratching their head in a collective “WHAT?”.

The court of appeal issued an opinion. The opinion was modified based upon a denied petition for rehearing. Notably the opinion did not direct the the trial court to do anything, nor did it reverse the orders in the trial court. Normally, the court of appeal will direct the trial court to set a hearing for either a new trial or address circumstances that have been reversed i.e. DIRECTING the trial court to modify an order. In this case there was just an utterly flawed and prejudiced “opinion” which did not direct the trial court to do anything and which failed to adhere to any family law and appeal legal standard.

Yet the Appellate Division of the Riverside Superior Court set a non noticed exparte hearing to REVIEW the remittitur. There was no notice, there were no moving documents, and the parties were not even notified of this particular hearing. IT was just SET for hearing.

The court even created special departments for this particular privilege. At first Department 2 KR was created which was then switched to Department 2 JR.

The sole purpose of the non noticed exparte hearing of a review of the remittitur was to recite the opinion into a minute order on the COURT’S OWN MOTION to “modify” the modified opinion of the court of appeal. The hearing which had no legal basis in any capacity was another denigration exercise by Judge Dale Wells against the litigant involved. The minute order also stated that there was no appearance by either party. There was no appearance as the Court set a non noticed exparte hearing without notice to any party so that the parties court not appear. There was no exparte notification, that complied with the mandatory rules of court pursuant to CA rules of court 3.1204, 3.1201, 5.165, 5.151.

Litigants literally cannot even invent the lunacy of the current actions of this court which have no legal relevance in any capacity.  We just cannot make this stuff up.


A judgment is not a judgment unless it’s been entered as a judgment.

Currently the California court system is facing a dilemma.  Once an appeal has been filed and an “opinion” has been issued the trial court is generally supposed to accept the “opinion” as law. That becomes a problem when the “opinion” actually conflicts with the law. Take for example a family law appeal where the Fourth District Division Two opined that a statement of decision was a “JUDGMENT” and that there was a “POST-JUDGMENT” modification.

Strangely enough the trial court record and the appeal court record reflect a lack of “A” judgment. None has been entered in the case as a custody judgment, yet it is characterized by the Court of Appeal as one. A statement of decision is not a judgment.

A judgment in family law becomes formal when it is signed by a Judge and entered in the court record as such. The CA judicial council was even so kind as to make MANDATORY judgment forms available. This form specifies that this is the mandatory judgment form to be used by the court in family law proceedings

California rules of court Rule 3.1590 (l) governs the requirements for signature and filing a judgment during the statement of decision process as follows:  “If a written judgment is required, the court must sign and file the judgment within 50 days after the announcement or service of the tentative decision, whichever is later, or, if a hearing was held under (k), within 10 days after the hearing. The judgment constitutes the decision on which judgment is to be entered under Code of Civil Procedure section 664.”

Published CA Supreme Court cases accepted for review reflect considerable dearth of pro per litigants and family law cases.

The cases listed below represent the California Supreme Court published cases that have been accepted for review over a year period. Pro per litigants represent 0.078 % of cases accepted by the court. Family law cases represent 0%. It is quite apparent that justice is not equal for all in California as it relates to family law civil cases and the ability of pro per litigants to have their cases heard. Continue reading

Published family law case, Fourth District Division One court of Appeal: Failure to act on CCP § 170.3 statement of disqualification renders orders void.

The same holding also applies to the failure to act on a CCP § 170.6 peremptory challenge which was acknowledged as being received:
Peremptory challenges can only be denied or granted, they cannot be struck.

The below opinion acknowledges that an appeal can be taken to examine the IMPACT of the court’s failure to act on the validity of the court’s subsequent orders based on the failure to act on a disqualification. Appeal case law is evolving on a continual basis.

“Father contends the court’s orders of November 22, 2013, are void because the  court became disqualified after failing to act on father’s second statement of disqualification.5 We agree.

A party may seek a commissioner’s disqualification for cause by filing and serving  a written verified statement objecting to the hearing before the commissioner and setting forth the facts constituting the grounds for the commissioner’s disqualification. (Code Civ. Proc., §§ 170.3, subd. (c)(1); 170.5, subd. (a).) The statement must be presented at the earliest practicable opportunity after the party discovers the facts constituting the grounds for disqualification. (§ 170.3, subd. (c)(1).)

Once a statement of disqualification is filed, the commissioner has limited power to act in the proceeding until the question of his or her disqualification is determined. (Code Civ. Proc., § 170.4, subd. (a), (d).) The commissioner may, without conceding disqualification, “request any other judge agreed upon by the parties to sit and act in his  or her place.” (Code Civ. Proc., §§ 170.3, subd. (c)(2), 170.4, subd. (a)(2).) The commissioner may also, within 10 days of the filing or service of the statement, whichever is later: (1) order the statement stricken if the statement is untimely or, on its face, discloses no legal grounds for disqualification; (2) consent to disqualification; or (3) file a written verified answer to the statement. (Code Civ. Proc., §§ 170.3, subd. (c)(3); 170.4, subd. (b).) However, the commissioner may not ignore the statement. (Urias v. Harris Farms, Inc. (1991) 234 Cal.App.3d 415, 421.) Continue reading

The influence of Mormonism on the Riverside Superior Court

The Riverside Superior Court has a history of cultivating Judges and Presiding  Judges that have a Mormon faith and background. A  prior federal lawsuit filed by Jon Clements revealed how pervasive  the influence of the church was on legal proceedings. In his complaint he alleged that he received a phone call from one of the judges on his case specifying that his daughter would be fine as she attends the Mormon church, where this judge was  a member. The case goes back ten years.  Custody was granted on an exparte basis, based upon a move away exparte from the father  to the mother, when a prior evaluation specified that due to her long term alcoholism she should have no overnight visits until there was extensive rehabilitation.  The mother at that time had just hired one of the more favored attorneys in the court. The court banned Mr. Clements from filing any litigation to redress the situation, in another order that had no legal basis.

Some of the prior Presiding Judges in the Riverside Superior Court, are devout Mormons with the corresponding attitude that their religion teaches them.  That is why patriarchy in this court runs rampant and mothers and children are treated as second class citizens with no rights, where invidious oppression is the norm in this court, and where women in particular are unable to obtain a divorce if they legally request one. Rampant abuse is accepted as the “norm” that women and  children have to be subjected to.

Patriarchy reigns supreme in this court, stigmatized by the belief that the father in the clan or family is supreme where women and children are supposed to be legally dependent, fostering a culture where women are not treated as equals, rather as submissive vessels where abuse is perfectly accepted as it falls within the realms of subservience. HE knows how to handle them is the refrain that is bandied about by patriarchal judges who have no clue about the impact of leaving children in an abusive environment and what the long term repercussions are to these children and the mothers involved and that it TEACHES another generation that abuse is acceptable. Of course as litigants we are supposed to accept a Judge’s BELIEF as law; we are supposed to cater to the perception that we are possessions of the abusive ex-spouse deserving of years of abuse and that our children are taught the same behavior. After all in the mind set of the judiciary involved, mothers have to be subjugated at all cost and our cases have to be directed and controlled by the court to allow the relevant law not to be applied. Coercion is the norm to intimidate parents to agree to something that is against the law and proceedings take the vein of either you agree OR I will order an evaluation, appoint a GAL etc etc so parents incur an enormous costs forced by the court rather than applying the law as TESTIMONY and presented evidence is not  enough.  Orders are made that do not adhere to the law in any capacity when it involves children as it is just EASIER to leave them in the abusive environment rather than addressing the long term cost of such abuse and that it would not have been factor IF the court had actually acted when these abusive issued were raised years ago. Any mother who has been exposed to this situation knows how to DEAL with these children, and that raising another generation of children exposed to abuse is not in their interest; after all most of us raised our children in their formative years and there is a bond that neither the court nor the abusive ex can destroy. It is not normal to BELIEVE that children exposed to abuse are deserving of that abuse as is the other parent on the receiving end as the court BELIEVES an instigated and fabricated YOU GUYS scenario to cover up for their own corruption.

The Ruben Clark Law Society which several judges and attorneys in the Riverside Superior Court community belong to has a strong religious affiliation with the Mormon faith; where faith based community service of members of the LDS church is advocated.  The LDS church refers to Church of Jesus-Christ of Latter-Day Saints.

The memorandum of this particular law society is filled with religious beliefs and prophecies and how belief can be applied to law, regardless of the fact that the U.S. has a strict separation of church and state.

“The Law Society strongly endorses one of the noblest traditions of the legal profession – the legal representation of those in society who otherwise do not have equal access to protection of the law.  This tradition has special meaning for attorneys loyal to the Church of Jesus-Christ of Latter-Day Saints whose faith leads them to give freely of their time, skills and means to the Lord’s storehouse.[1]  “The Lord’s storehouse includes the time, talents, skills, compassion, consecrated material and financial means of faithful Church members.  These resources are available to the bishop in assisting those in need.”[2]

Events hosted by the Society advocate the influence of virtue in the court and were attended by members of the Riverside Superior Court judiciary, who have an LDS faith:

Justice Douglas P. Miller
Judge Sherrill A. Ellsworth
Judge Mark A. Cope
Judge Kelly L. Hansen
Judge Michael J. Rushton
Judge Gordon R. Burkhardt
Commissioner Bradley O. Snell

Former Presiding Judge Ellsworth commented at an event held this year that she as an LDS woman is more qualified to preside over child molestation cases due to her religious background.

“Who better than me, a mother of six, to sort out the complex issues of high-conflict custody battles? Who better than me, an LDS woman, to preside over child molestation cases where the victims and the juries need a gentle touch? Who better than me to handle domestic violence cases?

Mormonism teaches that opposition towards men is tantamount to arguing with God. The Mormon religion makes no distinction between clergy and laity, at least with regard to men (Laake 9). All Mormon men are ordained as members of the “priesthood,” with the absolute authority to preach the gospel, bestow blessings, prophecy, perform healings and baptisms, and generally speak for God. “Their priesthood gives them the right to advise and instruct the Saints (i.e., Mormons), and their jurisdiction extends over all things spiritual and temporal” (Snowden 134).

At age twelve, boys become members of the Aaronic, or lesser priesthood, and at nineteen become eligible for the Melchezedek, or higher priesthood. Members of either priesthood are higher authorities on everything than are non-members. Women are, of course, excluded from the priesthood. This practice in effect says that a woman’s prepubescent son is more qualified to advise her than she is to advise him.

Because of the doctrine of celestial marriage, it is very difficult for Mormon women to obtain divorces in the church. Women are told that “divorce is usually the result of one or both not living the gospel”, and that a woman who wants a divorce is “untrue to the covenants she has made in the house of the Lord” (Laake 176). Legal divorces are no problem to obtain, but they create many problems in the religious life of a Mormon; a church divorce is almost impossible. After a civil divorce, a woman’s temple recommend is rescinded (Laake 193). In other words, she is considered unworthy to enter the temple, until she can prove to the heads of the church that the divorce was not caused by adultery.

Mormon women today are still brought up to believe that the most important thing they can do is “to marry the right person, in the right place, by the right authority” (McConkie 118). Deborah Laake, who was excommunicated in 1993 for writing Secret Ceremonies, states that “it had been repeatedly impressed on me that if I failed to marry a faithful Mormon man…in a Mormon temple, I would be denied access to the highest level of Mormon heaven” (Laake 4). The temple marriage is so important “that a longing for romance on earth should not be allowed to interfere with it” (Laake 77).

Girls and boys are also told that a good and proper Mormon home is a patriarchal one. A handbook written for fourteen year old boys states that, “The patriarchal order is of divine origin and will continue throughout time and eternity” (Laake 39). Husbands conduct family prayers, bless their wives and children, and generally control the household. They also are in charge of “family home evening”, one night per week set aside for family prayer and togetherness. The Mormon belief is that Eve’s roles in life, those of help-meet and child-bearer, set the pattern for all of her daughters (McConkie 844). Girls are told that God wants them at home (Laake 153), and boys are never taught to clean up after themselves, since when their mothers stop doing it for them, their wives will take over the job. These ideas, at least, have not changed at all since the nineteenth century.

The Mormon church of today is still clinging to the patriarchal beliefs of the nineteenth century; ideas which are becoming more outmoded every day. A few women in the Mormon church are trying to make a difference, but they are usually swiftly excommunicated (Laake 342; Johnson 351). In Mormon magazines, which are full of advice for women from the heads of the church, the message has changed in response to the feminist movement. In 1964, advice on marriage and divorce was fairly dispassionate; by 1972, these topics were addressed with increasing panic and harshness (Laake 175). Feminists are described as “the Pied Pipers of sin who have led women away from the divine role of womanhood down the pathway of error” (Laake 176).

The oppression of women is intertwined with the Mormon faith and that is the pervasive belief that exists in the Riverside Superior Court, where a culture has been allowed to develop where attorneys and the judiciary who advocate the LDS faith are accorded preferential status in the court. The Supreme Court has already ruled that religious paraphernalia cannot be posted in a court house in its ten commandment ruling (MCCREARY COUNTY V. AMERICAN CIVIL LIBERTIESUNION OF KY. (03-1693) 545 U.S. 844 (2005), 354 F.3d 438), and has already ruled on allowing religious practices in a Court and has specified that the separation of church and state exists and that discrimination of one religious practice over another violates the first amendment establishment clause which certainly includes a presiding judge and judiciary who cannot separate their belief from judicial rulings and belief policies and procedures that have no bearing on the actual law.

The Book of Mormon. Salt Lake City, The Church of Jesus Christ of Latter-Day Saints, 1981. First English edition, 1830.

Fife, Austin and Fife, Alta Saints of Sage and Saddle. Salt Lake City, University of Utah Press, 1980.

Green, N. W. Mormonism: Its Rise, Progress, and Present Condition, Embracing the Narrative of Mrs. Mary Ettie Smith. Hartford, Belknap & Bliss, 1870.

Hoekema, Anthony A. The Four Major Cults. Grand Rapids, Michigan, William B. Eerdmans Publishing Co., 1963.

Johnson, Sonia From Housewife to Heretic. Garden City, New York, Doubleday & Company, Inc., 1981.

Laake, Deborah Secret Ceremonies, a Mormon Woman’s Intimate Diary or Marriage and Beyond. New York, Dell Publishing, 1993.

McConkie, Bruce R. Mormon Doctrine. Salt Lake City, Bookcraft Inc., 1966.

Smith, Joseph The Prophet Joseph Smith’s Testimony. Salt Lake City, The Church of Jesus Christ of Latter-Day Saints.

Snowden, James H. The Truth About Mormonism. New York, George H. Doran Co., 1926.

Wallace, Irving The Twenty-seventh Wife. New York, Simon and Schuster, 1961.

Judge Wells Snaps

News and Views Riverside Superior Court and National Family Law Abuse

Well folks we have a situation where the father repeatedly alleges that the mother is a flight risk with no evidence to substantiate those factors. The mother has not even left the county in twelve years. In other cases where the mother has alleged that the father is a flight risk she was immediately labelled the least likely to share by Judge Wells of the Riverside Superior Court.

So an exparte was filed by “daddy” on 5/12/2011 once again withholding children against a court order and specifying that the mother is a flight risk where Judge Wells specified the following:





At a hearing to set aside a statement of decision of a trial based upon the fact that  Judge Wells removed evidence of Daddy’s abuse against the mother and the children, declined to take into consideration that daddy’s allegations of an alleged flight risk status are unsubstantiated, declined to take…

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The Jezebels of the Riverside Superior Court.

News and Views Riverside Superior Court and National Family Law Abuse

In the mind set of the Riverside Superior court judiciary we exist. We are characterized by definition as “an immoral woman who deceives people in order to get what she wants”. There are certain cases that all have one common denominator. Mothers who object to their children being abused and provided to drug/alcohol addicts and felon, where our only crime is to engage in healthy holistic activities with our children, where concern is expressed by the court as to the activities that said mother engages in, (see below excerpt from a custody trial and tentative statement of decision). No such concern is of course expressed for the fact that children are placed with alcoholics or drug addicts where pervasive rampant abuse is the norm; who conceal children from the other parent and disappear with them on a constant basis.

These are not isolated cases. There is a pattern, going back…

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I am an alienator. You know me well. You lived with me once and you witnessed my behavior patterns but you did not spend time studying and internalizing them. I know your behavior patterns better than you know them yourself. I know how to measure you, test you and control you. I know what your hooks are and I know that the depth of the love for your children is a weakness I can exploit. I am an emotional terrorist. I will terrify you into submission. You will do as I tell you to do, if you do not, I will take your children away. Continue reading