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Family Law

Curious case of $Benjamin CalBar


So, this is how it goes…

Some guy by the name of F. Scott Fitzgerald wrote a short novel about some guy named Benjamin Button who ages in reverse. Then some guy by the name of David Fincher directed a movie where some guy by the name of Brad Pitt played Benjamin and some lady by the name of Cate Blanchett played the love of his life. Both of them died in the end.  As a result of all that effort some guy from The New York Observer by the name of Rex Reed wrote that this is “A movie that must be experienced. A monumental achievement”.

Monumentally experienced, indeed.   In this production of docu drama, the main character is $Benjamin (as on a dollar bill) and his curious connections with other main characters.  Time is his weapon, and his opponents are, hopefully, aging out of existence (doesn’t matter in which direction).   Keep in mind, tragedy is that $Benjamin and his buddies are not supposed to be actors, but responsible members of our legal community.

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This is my latter to California Supreme Court Chief Justice Tni Cantil-Sakauye regarding malversations within the State Bar of California and how powerful insiders protect their protegees.

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Santa Clara,CA

August 16, 2011

Chief Justice Tani Cantil
Supreme Court of California
350 McAllister St
San Francisco,CA94102

 

Re:   State Bar of California, inquiry number: 10-28699, 11-0-13436 (Kennedy), 11-0-13437 (Costa)

Dear Chief Justice,

My name is Mirko Vojnovic and I’m writing this letter convinced that my complaint to the State Bar of California against attorneys Stefan P. Kennedy and Tamara T. Costa who committed perjury in case Vojnovic v. Vojnovic in Santa Clara Family Court was closed without any basis.

As the California Supreme Court is charged with overseeing the State Bar of California, it is imperative that you be made aware of these facts and issues.

Attorneys Kennedy and Costa committed several acts of perjury during their engagement in my divorce case, but for the sake of simplicity and because evidence to prove perjury was very clear, I limited my initial complaint to only one example.

Former State Bar employees, Chief Trial Counsel  James Towery (who was forced to resign amid ethics probe on July 1st, 2011) and Assistant Chief Trial Counsel Djinna Gochis (who was fired on July 8th, 2011) dismissed my complaint as a personal favor to those attorneys, regardless of the obvious conflict of interest they had when they made their decisions.

Attorney Costa was employee at Hoge, Fenton, Jones and Appel, a law firm where James Towery was a senior partner prior to his nomination as the Chief Trial Counsel. At the same time attorney Kennedy hired an “expert witness” Daniel Fenton in the same case. Daniel Fenton is a son of late Lewis Fenton, who was one of the founders of the said law firm.  Even State Bar at one point admitted that James Towey had a conflict of interest in evaluating my complaint.

Further, taking into the account James Towery’s long lasting connections and influence with/within the State Bar (President 1995-1996, Chief Trial Counsel 2011); Towery’s close ties with the former State Bar President Howard Miller (Member of Board of Governors 2006 – 2009, President 2009 – 2010), and his connections and influence with/within the State Bar; and Djinna Gochis’ long lasting employment with the State Bar (Assistant Chief Trial Counsel, Intake Unit Manager 2001 – 2004,Assistant Chief Trial Counsel, Manager, 2004 – 2011), it is fair to conclude that Djina Gochis had strong personal and professional ties with James Towery and therefore had a conflict of interest in my case against attorneys Kennedy and Costa.

Also, Ms. Gochis, prior to making her decision  never asked for any additional explanation, or the complete original documentation that I offered to support my claims, or any additional evidence to clarify any questions that she might have had regarding my claims.

The facts stated above, her sudden dismissal from office shortly after Towery’s resignation, combined with her unqualified reasons for case dismissal, hastily made on the first working day after she officially took over the case (Fourth of July weekend between Towery’s resignation on Friday, July 1st, 2011, and her letter dated July 5th, 2011, Tuesday) only confirm this conclusion

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California State Bar Case

In my complaint I presented to the State Bar documents supporting that:.

  1. Attorneys Kennedy and Costa made false claims to the court, given under oath and in writing where they claimed “temporary” nature of my ex-spouse’s employment in order to justify her extensive vacationing during which she was receiving child and spousal support as if she was unemployed..
  2. Documents that prove their claims were fraudulent; ex-spouse’s original job offer and  W-2 forms..
  3. Documents that prove that the attorneys had previous knowledge their claims were fraudulent, thus intentionally misleading the court. I presented the documents that court file already had ex-spouse’s paystubs that listed her earnings as salary, as well as the original job offer where she was offered health and other benefits.

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This is a clear violation of the Business and Professions Code 6106:

“The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension. If the act constitutes a felony or misdemeanor, conviction thereof in a criminal proceeding is not a condition precedent to disbarment or suspension from practice therefore.”

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The latest update from the State Bar is that my complaint was dismissed by former Assistant Chief Trial Counsel Djinna Gochis.  In her letter dated July 5th, 2011 (three days before she was fired), Ms. Gochis wrote: “It is my assessment that your allegations would not result in discipline”.  In her letter she did not address any specifics, nor did she explain which evidence she disputed. (EXHIBIT 1 – Djinna Gochis’ letter)

Furthermore, Ms. Gochis’ response stated that she had written attorneys Kennedy and Costa and that their response was: “… you (Mirko Vojnovic) had made the same claims of misconduct to the civil court, which had not been sustained.”

That statement is false. I have never filed any documents withCivil Court in this matter. I only filed with the Santa Clara Family Court, and case was dismissed because I filed under the old CCP Section 128.5 (applicable to divorces filed before January 1991), instead of the current CCP Section 128.7. Dismissal was based on procedural error and had nothing to do with the facts presented in this matter.

However, attorneys’ new false[1] statement was enough for Ms. Gochis to conclude: ” The fact that a court, hearing your claims and objections, did not make a finding in your favor only confirms that assessment”.

At the same time that also means that Djinna Gochis was actively working on my complaint even during the period when James Towery was still with the State Bar, and State Bar still had a conflict of interest in dealing with my complaint, per their own admission.

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History of the case:

It is worth mentioning that this is not the first time my case has been dismissed by the California State Bar.  The first time it was dismissed was on February 7th, 2011, by James Towery, former Chief Trial Counsel (ethics probe: Miller-Lack-Girardy). His claim was that: “ … the judge did not make any findings against the attorneys”. I challenged this reasoning because it is not written anywhere in the State Bar rules.  I also pointed out that Mr. Towery had conflict of interest because attorney Costa was his employee at Hoge, Fenton, Jones and Appel, and attorney Kennedy used Daniel Fenton as an “expert” witness in my case.

After my complaint the case was reinstated and was handed over to Djinna Gochis.  She admitted that “… the judge not making findings against the attorneys” does not constitute grounds for dismissal and acknowledged State Bar’s conflict of interest. Early June 2011 she appointed outside examiner Gail Charles to investigate my case.

Taking into the account my previous experience with the State Bar’s office of Chief Trial Counsel, it was only prudent of me to find out the eligibility of this outside resource. I contacted Gail Charles via e-mail asking her to clarify whether she had any conflict of interest in this case. She did not respond positively to my inquiry and I informed Ms. Gochis that I would like State Bar to find another outside examiner.

After James Towery left the State Bar on July 1st, 2011, Ms. Gochis concluded, in her letter dated July 5th, 2011, that: “Any claim of conflict (of interest) is now moot” and that she can make a decision in my case.  I strongly disagree with her conclusion for the reasons stated above.

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Conclusion:

Current reshuffling at the State Bar uncovered years of abuse and personal favoritism among the high ranking officials of the State Bar. It was only after they became too greedy and when they stepped on some very powerful toes (Dole Food Company, which brought the Ninth Circuit Court of Appeals’ involvement; CaliforniaALL money laundering, just to name the few) those things came to light.

But what about all those ordinary people who had been taken to the cleaners by dishonest and downright criminal attorneys? Those people have destroyed more families and children’s future then what they suffer in this economic downturn.  I’ve written a study based on government census data and Nolo press of how much money is embezzled in family courts acrossCaliforniaevery year. We are talking here about 1.1 billion dollars (EXIBIT 2). That is a dirty business that destroys the very fabric of our own society and if it continues unchecked our children will pay the price.

I’m talking from experience. I spent close to $160K in my divorce (my lifetime savings) fighting false accusations and fighting for my child; my business was destroyed in the process and I’m left without any means to support myself. Wherever I turned (over 6 years period) I came across, either personal favoritism or indifference.  Whatever checks and balances were built into the legal system (State Bar, CJP, DA’s office, Appellate Court) those things do not work unless one has unlimited amount of money to hire more attorneys or has backing of some high ranking official.  Honor and moral integrity have been sacrificed to simple survivalism too often these days.  People are disillusioned to fight for their rights. They “cut their loses” and try to disappear from the spot light as fast as they can.

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Great Mahatma Gandhi once said: “Become the change you want to see in the World”.

My child deserves better future; I will not stop fighting this corruption and injustice.

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I declare under penalty of perjury under the laws of the State ofCaliforniathat the foregoing is true and correct.

_________________________

Mirko Vojnovic

2335 Menzel Place

Santa Clara,CA95050


[1] I strongly disagree with the statement given to me by the State Bar Complaint Specialist Lisa, on July 7th, 2011, regarding State Bar’s practice that accused attorneys’ response is “privileged information” and that it can not be reviewed by the person who made the complaint. As it can be seen in this case, attorneys made another false claim in order to protect themselves.

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September 11, 2011 - Posted by | Family Law, Law | , , , , , , , , , ,

6 Comments »

  1. With Criminal Justice Degree List Curious case of $Benjamin CalBar […]

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  2. […] (link), (link) […]

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

  3. I admire your courage and I’m fighting for the same for my sons future depends on it. I never wanted a war with government and courts but I don not have a choice. I will not ever back down…

    Comment by Kelly | April 18, 2012

  4. To Mirko and all-

    I am Valerie Carlton: http://www.ValerieCarlton.com
    I have not updated my site in awhile but the link will give you some idea of who I am.

    I too have been fighting back and I have run into many others, courageous victims, parents like ourselves.

    However, as you should know, or soon come to realize, the stronger we fight, even for the life and welfare of our children, the more “the system” will try to oppress us with insurmountable obstacles.

    With grave regret, I will never forget what a court appointed psychologist once told me. She looked me straight in my eyes and said, “If you ever sincerely believe that your daughter’s life is in jeprody, I am pleading with you now to disregard any judges order and act appropriately to save her life.”

    HERE’s The Problem:

    We Don’t have a underground railroad currently in place.
    There was one, you may be unaware. It was investigated by the FBI over several years, agents were planted, and is was destroyed close to two decades ago.

    Realize then that there must have been an identified, significant need decades ago.

    I can tell you much more, but not here.

    Now I pray for thoes unaware. I know how much courage it takes, the energy and emotional costs, the pain.

    Most American’s are now enslaved, they just don’t realize it until they try to legally demand constitutional and even Human rights.

    I have yet to meet a victim who doesn’t agree that we are at war.

    -Valerie Carlton-

    Comment by Valerie Carlton | July 10, 2012

  5. Lynn Duryee is a jewish crook like the rest of them. I also filed a complaint against that whore’s staff and it was beautifully choreographed by those kikes in a well rehearsed fashion of pointing fingers at eachother and pretending they have no idea what is going on. Everyone is in on it. Get used to it. We get screwed, they get rich and send their proceeds to Israel and UK, as though the billions in tax payer money that goes to UK and Israel’s war mongering and enslavement of the public isn’t enough. The only way to stop it is an ALL OUT revolt.

    Here is more…

    http://www.google.com/url?sa=t&rct=j&q=jeanne+mann&source=web&cd=2&ved=0CFcQFjAB&url=http%3A%2F%2Fwww.ripoffreport.com%2Fgovernment-corruption%2Fmarin-county-superio%2Fmarin-county-superior-court-of-bcd73.htm&ei=mOoQUNO4Ian5iwKwoYGYBA&usg=AFQjCNEvlSoYsP3Gl49BfONTLTh2gwqgkQ

    Comment by JerryK | July 26, 2012

  6. I have an idea on how to execute your answer.

    Comment by Valerie Carlton | August 8, 2012


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