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. http://law.justia.com/cases/california/court-of-appeal/3d/140/361.html

View original post 1,901 more words

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.

https://www.change.org/p/appoint-an-ethical-presiding-judge-to-the-riverside-superior-court

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, (http://www.courts.ca.gov/documents/dv110.pdfhttp://www.courts.ca.gov/documents/dv109.pdf)  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.

cutouttro

HONORABLE JUDGE HAROLD W. HOPP PRESIDING. Minute order: 5/13/2015
CLERK: M. PETTIE
COURT REPORTER: NONE
ON COURT’S OWN MOTION:
JUDGE HOPP IS DISQUALIFIED FROM REVIEWING OR HEARING ANY ISSUES RELATED TO xxxxxxxxx AS A
VEXATIOUS LITIGANT

APPLICATION FOR ORDER TO VACATE PREFILING ORDER; OPTIONAL JUDICIAL COUNCIL FORM

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: http://www.courts.ca.gov/documents/mc703.pdf

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

Tsimhoni-Case-e1436571827418

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 (http://www.un.org/en/documents/udhr/)

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 (http://www.defenseflorida.com/legal-blogs/) 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: http://codes.lp.findlaw.com/cacode/CCP/3/1/2/4/s177.5#sthash.tUtO7ay4.dpuf
m3
m3

m3

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.

m4

Parents do not have the first amendment right to privacy. Invasion of privacy by the court system.

The infamous “what if statement” has been used to deny a perfectly valid request for custody based on hypothetical scenarios that are not based on evidence.

What if covers a whole range of scenarios.

As a hypothetical scenario, what if you were very aware that a court invades your privacy as a parent, and harasses your children at a school?

What if you were aware that a court deliberately prevents you from obtaining work and prevents you from achieving anything to keep you tied to to an insane situation?

What if you were aware that a court deprives you of earning ability?.

What if you were aware that a court monitors your phone calls, emails, and prevents you from actually having a life and interferes with any close relationship that you may have?

What if the court invades your privacy and deliberately tortures you to an unbelievable degree as that is the only tool that this court has against you as they cannot use any legal means to torture you?

What would you do as a parent in response to protect your children, your life and your friends?

How would you react to the total destruction of your life?

By NewsViews Posted in Law, News

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.”
http://www.gavelgrab.org/?p=68971

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”. http://www.democracy.com/JudgeCope/issues.aspx?Tag=Justice

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? https://viewsandnewsriversidesuperiourcourt.wordpress.com/2013/08/05/riverside-superior-court-sabotages-litigation-against-the-best-interest-of-the-child-by-filing-a-document-one-year-later-after-it-was-received-ppeal/

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.

Clipboard01

Clipboard02sanctions

Clipboard03

Clipboard04

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
_____________________________________________________________________
18. MCP1500284 MATTER OF MOISES ESPINOZA

Hearing re: Review re: Proof of Blocked Account

PARTIES: FIRM/ATTORNEYS:
MARIA ASUNCION CAMARILLO Petitioner LAW OFFICES OF MORTON J GR
MOISES ESPINOZA Minor LAW OFFICES OF MORTON J GR

————RECOMMENDATIONS————

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

—————REQUESTS—————-

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

Receipt filed 07/22/15

Published family law case: Appeal treated as writ; “An order for joint custody may be modified or terminated upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires modification or termination of the order.” (Fam. Code, § 3087.)

http://www.courts.ca.gov/opinions/documents/B258767.PDF

CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE Continue reading

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 requires NOTICE AND AN OPPORTUNITY TO BE HEARD.

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

PARTIES: FIRM/ATTORNEYS:
AURELIA ERAZO Petitioner LAW OFFICES OF BRENT A DUQ
REGINA ERAZO Minor LAW OFFICES OF BRENT A DUQ

————RECOMMENDATIONS————

Recommend sanctions issue if receipt is not filed

—————REQUESTS—————-

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

Order to deposit filed 07/06/15

————-DEFICIENCIES————–

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.

sanctionsinanity