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: http://codes.lp.findlaw.com/cacode/CCP/3/1/2/4/s177.5#sthash.tUtO7ay4.dpuf
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HONORABLE Judge Mark A Cope
_____________________________________________________________________
DATE: 09/01/15 TIME: 8:30 DEPT: T1
_____________________________________________________________________
6. MCP1300180 ESTATE OF MALINDA ANNE HORSLEY COLLINS

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

PARTIES: FIRM/ATTORNEYS:
JENNIFER BRADY Administrator PRO/PER
MALINDA ANNE HORSLEY COLLINS Decedent
JENNIFER BRADY Petitioner RAXTER LAW
MALINDA ANNE HORSLEY COLLINS Decedent
JENNIFER BRADY Petitioner RAXTER LAW
MALINDA ANNE HORSLEY COLLINS Decedent

————RECOMMENDATIONS————

To be determined by Judge

—————REQUESTS—————-

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.

14. MCP1300724 ESTATE OF RICHARD DOUGLAS MARTIN

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

PARTIES: FIRM/ATTORNEYS:
ALLAN RICHARD MARTIN Executor LAW OFFICE OF RONALD E. DO
RICHARD DOUGLAS MARTIN Decedent
ALLAN RICHARD MARTIN Petitioner LAW OFFICE OF RONALD E. DO
RICHARD DOUGLAS MARTIN Decedent

————RECOMMENDATIONS————

To be determined by Judge

—————REQUESTS—————-

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
http://www.riverside.courts.ca.gov 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.

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