Feed a lawyer, or else …

Family Law

Judge Neal Cabrinha evades prosecuting perjury


Perjury:  It’s what keeps all courts ticking.  Perjury is the underlying basis of most legal actions, and the bastard child in Family Court.  Seldom, perhaps never has a Family Court judge referred to the DA an instance of perjury in a family court matter. Family Court judges know the DA is not likely to prosecute.  Ergo, perjury is and remains a winning and sometimes profitable tactic.  (quote)

.

All of us who entered into divorce proceedings (willingly or unwillingly) have been faced with deception and curious indifference that judges exhibit when they encounter it.

As each one of us is the best authority when it comes to knowing our own experience, I will try to  summarize one (out of many) count of obvious fraud and perjury committed in my divorce proceedings committed by the opposing attorneys.

.

NOTE:        Attached documents enlarge when you click on them.

.

Brief intro:

  • Ex-spouse spends 142 days (equivalent to 20 weeks) on vacation in 2 years period.
  • Upon her return from the first 9 weeks of vacation, ex-spouse starts a job in November, 2006.  In December of the same year, she leaves for a 2 week vacation and then returns to work. In July of the following year, ex-spouse quits job and embarks on another 7 week vacation. During most of that time she is receiving child and spousal support as if she was unemployed. Her two attorneys at the time justified her 7 week vacation by claiming that her job was temporary, and that she took the vacation in between jobs.
.

Ok… Let’s start now with “twisting and turning”

Here is what the opposing attorney wrote in his declaration:

 

.

And repeated in his trial brief which he signed under penalty of perjury:

.

But, … that is not all:

  • Attorneys for ex-spouse went as far as obtaining the Declaration from her former supervisor to testify that her job was temporary.
  • Attorney Stefan Kennedy’s co-counsel, Tamara Costa, drafted the Declaration and sent it to ex-spouse’s supervisor to sign.
  • Under penalty of perjury the supervisor testified that ex-spouse’s job was temporary.
  • Attorney Kennedy signed his Trial Brief “under penalty of perjury”.
  • Everything looks convincing and legitimate, doesn’t it? 
.
.
.
.
.
.
.
.
.
.
.
.
.
..
.
.
.
.

Not so fast!

I subpoenaed ex-spouse’s work record and received her Job Offer, W-4 and W-2 forms. Clearly, wife’s job offer was for a permanent position. Ex-spouse had already been receiving substantial spousal and child support in addition to money received from bank accounts separation and half of the house buyout (over $300K cash) and didn’t have a need to work; she instead took extended vacations.

.

  • Wife obviously knew the nature of her employment was not temporary, but did wife mislead her attorneys Kennedy and Costa?
  •  Apparently not!
  • Court records show that wife’s Job Offer was on file before wife’s attorneys made their claim.
  • Court records also show that copy of wife’s paycheck was on file before lawyers made the claim. Description of earnings states: SALARY!
  • Wife’s attorneys knew they were misleading the Court!

.

.

Now, for the funny part…

When this was brought up in family court, how did the judge handle the situation?

  • At January 4th, 2011, hearing judge Neal Cabrinha from Santa Clara Family Court finds that attorneys committing perjury is NOT RELEVANT!

 

.

.

  • At April 5th, 2011, hearing judge Cabrinha refused to hear oral motion for acknowledgement that attorneys Stefan Kennedy and Tamara Costa committed perjury.
  • It was becoming obvious that judge Cabrinha was avoiding the issue of attorneys’ committing perjury and I decided to put him in a position when he would be forced to “stop beating around the bush”.
.
  • On June 14, 2011, I filed the Motion for the Order that would be specific in qualifying the attorneys’ conduct:

Does the Court acknowledge that attorneys Stefan Kennedy and Tamara Costa lied to the Court regarding “temporary” nature of Respondent’s employment … based on the evidence presented, regardless of what impact or “relevancy” such fraud had, may or may not have on the Order for Attorney’s Fees and Costs, or any other  order ”.

  .

.

What happened next?

At August 16th, 2011, hearing judge Cabrinha denies the motion again stating that:

        This motion is not relevant to any pending motion.”

and that

        This issue has been handled 2 previous times”,

which is a misrepresentation of the facts. The issue has been avoided two previous times.

  

  • When I requested that Court issues a written order quoting the law that judge based his decision on; judge Cabrinha refused.
  •  The only Order that exists to this day is a Minute Order written by clerk after the hearing.
.
.

Letter to Santa Clara County Presiding Judge

Of course, I wrote a letter to Santa Clara County Presiding Judge Richard J. Loftus about Judge Cabrinha’s conduct. His answer was that he found :

”… nothing that was inappropriate or improper concerning the actions of Judge Cabrinha.”

.

.

I wrote back an reminded Judge Loftus of the California Code of Judicial Ethics:

Cannon 3D, Disciplinary Responsibilities

(1) Whenever a judge has reliable information that another judge has violated any provision of the Code of Judicial Ethics, the judge shall take or initiate appropriate corrective action, which may include reporting the violation to the appropriate authority.*

(2) Whenever a judge has personal knowledge that a lawyer has violated any provision of the Rules of Professional Conduct, the judge shall take appropriate corrective action.

 

ADVISORY COMMITTEE COMMENTARY:

Appropriate corrective action could include direct communication with the judge or lawyer who has committed the violation, other direct action if available, or a report of the violation to the presiding judge, appropriate authority, or other agency or body. Judges should note that in addition to the action required by Canon 3D(2), California law imposes additional reporting requirements regarding lawyers.

Judge Loftus never wrote back.

.

.

Conclusion:

On August 24th, 2011, complaint was filed against Judge Cabrinha with the office of California Chief Justice Tani Cantil-Sakauye, with the Center of Judicial Performance (CJP) and with the office of Attorney General Kamala Harris, for “aiding and abetting fraud” and for “public corruption”.

.

All cases are currently pending.

Advertisements

September 10, 2011 - Posted by | Family Law, Law | , , ,

3 Comments »

  1. […] (link), (link), (link) […]

    Pingback by Mirage, or fallen angels … « Feed a lawyer, or else … | March 3, 2012

  2. I filed a Verified Statement of Disq of a Sonoma County Judge and the first notice I had of an assignement was Lynn Duryee’s order. Apperantly the verified answer was all she needed for her fellow 1979 SFO classmate. I have now filed a second verifed statement and I am guessing she will do the same thing. I am ready for her this time.

    Comment by Phearl | October 18, 2012

  3. In 2005, I had a similar experience with Cabrinha … He decimated my case by dissallowing my attempt to depose my own executive at Hewlett-Packard (which agreement to depose had already been established with defense counsel…)

    Cabrinha, after he totalled my case, COMMENDED me on my abilities, saying, “Ric you could probably pass the Bar without going to law school !”

    To which I answered, “I might be able, Your Honor… but why would I want to do that, to become someone like you?”

    Cabrinha almost fell out of his chair at my irreverence…

    I held up my finger, and said, “Hear me out sir ! … whenever I walk into a law library, I am in awe of what is clearly 10’s of millions of hours of hardworking people to chronicle our system of jurisprudence … Perhaps it was like that for you when you decided to go into law… perhaps you went to a great law school, perhaps you articled at a great law firm, passed your Bar Exams on the first try, perhaps you went on into litigation … maybe one your first case, then won another and another… Before you knew it, it was all about WINNING, and NOT ABOUT JUSTICE ….So I ask you,Why would I allow myself to be corrupted the way our system has corrupted you? Will you look at what you’ve done to me this morning on two simple motions??? ”

    To which Cabrinha said, ABSOLUTELY NOTHING !

    In my opinion, Judge Cabrinha isn’t fit to break bread with…

    Comment by Ric Robson | April 29, 2016


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: