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Family Law

Hunger Strike – Day 6 + 1


Hunting for words. Too many thoughts want to come out at the same time; loss of home, eviction, moving my belongings into storage.

Cheating

I had to cheat. After six days of not eating I lost five pounds and was feeling pretty weak. I used to bench lift 240 lb, but boy, did I feel weak. Time was getting shorter and shorter for me to move out of my home. I started packing; then I started moving furniture; then I collapsed. I fell down on my knees gasping for breath. That was not good and there was so much work ahead of me. You know, it is not easy to sort out and pack 21 years of your life. First I took a power drink. Within half hour I started feeling better, but I needed my strength to finish the job. I ate some boiled veggies that night and continued packing. The next day I had normal breakfast. Hurray, I was back again!

Tuesday was the day when sheriff was supposed to come and kick me out. I was ready. I rented a moving truck and with help of my girlfriend and two friends we moved everything to 15×20 storage space. We all felt beat up. Thank you Marite, Mitch and my special neighbor Carlos. 🙂

Thursday

Thursday I was back “at work”. I lost 5 pounds but I regained 2 in the past there days. However, I was ready to continue, only dreading the transition from day two on day three as it is the most painful period.

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With my dog Mozart and bunny Kiki. Three Musketeers or Three Stogies. Only the time will tell.

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Mozart in his improvised sun shelter.

Friend’s Call

That evening my friend Brin called. She was crying. She had a hearing this week and judge wants to take her little son away from her. She is normal, energetic and hard working woma; always with the smile on her face. The opposing attorney was trying to make her look as an unfit mother.

Unbelievable!!!

Do these people have any conscience and any morals???

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April 20, 2012 Posted by | Family Law | , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments

Hunger Strike – Day 5


April 13, 2012

Many times I pondered should I say this, should I make it public? Even now I am not sure I’m doing the right thing, but the pain I’m feeling at this moment is overwhelming.

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Dilemma 

I know from many parent’s testimonies that it is not smart to involve government agencies like Child Protective Services into the divorce quagmire. They have their own agendas and many times they are not acting in child’s best interest.

However, I feel helpless to protect my child. My daughter is my only love and she is everything I have. For years, the other side did everything to portray me as an unfit parent in court and tried to take my daughter away. For years, and tens of thousands of dollars later and many sleepless nights, I succeeded in preventing that from happening. I kept 50% custody for all that time. That is what my child wanted.  She wanted to be with both parents, even though she frequently fought with her mother, but I respected her wishes. She knew that the next week she would be with me and that there would be peace and quiet.  I assume that was not the ideal situation for her, but she learned how to cope with all of that and she remained straight A student in school.

And that worked until Wells Fargo foreclosed on my home this February. Immediately, the new owner, ValleyOne Investment LLC, wanted me to vacate the home.  I didn’t know how the process worked and I was afraid that, one day, they would just come and change locks and we would be left out on the street.  I did not want my child to lose all her possessions and memorabilia (she had won many awards for competition dancing and for playing clarinet and saxophone in her school’s symphonic and jazz orchestras), so we packed her things and moved them to mother’s place.  We agreed that she would need to stay with mother until I figure out what to do with the house issue.

Within days, tensions between her and mother started heating up. Within a week she wrote me that she wanted to run away from home because she did not want to be yelled at and screamed at any more.

(click on image to enlarge)

I immediately reported this to child’s attorney, but nothing was done. Child continued complaining about yelling and name calling for the next few days, so I went to Santa Clara Board of Supervisor’s Office and demanded that something has to be done because Court failed to protect my child and that I will sue the county if this abuse continues. Apparently, the lady I talked to contacted DFCS and DFCS subcontracted Gardner Family Care Corp. to look into the issue.

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Text Messages

Today, on April 13, 2012, just as I was getting ready to leave for my protest in front of the Court, I received series of text messages from my daughter.

“Hi dad, ok, so this morning mom got an e-mail from child services and she said that the letter said that I have to turn off internet. I read the letter and it said no such thing. Then she said someone called her and told her she should turn off internet in my room. I don’t believe her and said I won’t let her near it until I talk to this woman myself, but mom won’t let me… and is telling me that she’s gonna throw out the computer. Also, she’s being really mean and grounded (me)…”

“Oh and she also thinks that you’re gonna say that Milos (ex-wife’s new husband) raped me. I want to slap her in the face so badly”.

(click on the image to enlarge)

(click on the image to enlarge)

“She’s just being mean, and yelling at me and threatening to shut off internet connection. Also, she just left and I’m home alone. She’s just trying to put me in the guilt trip and she’s saying mean things about you, me, and everybody else”.

(click on the image to enlarge)

Memories came back. I remember being yelled at in my face from the top of her lungs, insults being slurred left and right, and I just couldn’t stand imagining my child being in the same situation. I know that mom doesn’t want child to have internet access so that she would not be able to complain about her “road rages” to me.

That broke my heart, but there was nothing I could do. If I went to pick up my child, she would call police on me, as she did in the past. She would then tell police that she is afraid for her life and I would risk being arrested. She’s already done that, twice. All I could do is to report the incident to Gardner Family Care Corp, and they promised that somebody will visit my child at home next week. I hope for the best.

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Thunderstorm

Last night there was thunderstorm in our “neck of the woods”. Ghastly winds, rain drumming loudly against the roof; thunders rumbling through the night. I was thinking: “Hey, I still have this roof over my head; at least until next Tuesday. This is good”.

Then my cell phone chimed. My daughter sent me a text message:

“Daddy, it’s thundering and raining and it’s really scary and I’m scared”.

I started crying…

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April 13, 2012 Posted by | Family Law, Law | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

Hunger Strike – Day 3


April 11, 2012

He was scaling two, three steps at the time. It looked like he was flying down the courthouse stairs. He was a young guy. Dressed in, oh you know; the way young kids are dressed these days; over sized shirt and baggy jeans. He looked clean and groomed. As he approached the place where I had my protest signs displayed, he stopped and turned sideways towards me. He was eyeballing the whole setup and I was looking back at him mildly amused.

When our eyes met, he said: “You have some real stuff going on here man”.

“How so”? I asked.

“With that perjury stuff “, he answered.

“Oh yeah”, I said, “Would you like then to sign my petition to prosecute perjury in courts”.

“No man, I can not” he said.

“Why not”, I was puzzled.

“Because I’m seventeen; I’m too young to vote”.

“How come you know about perjury then”? I asked.

“That is how my mom took everything from my dad”, and he started walking away, “But I’m telling you, you have some real stuff going on here”.

He was still smiling and I was left speechless.

I am not going to tell you what the moral of the story is here. You decide it for yourself. I would just like to tell you that perjury is not something this young kid should know about and that it should not have affected his life in any way. I would also like to tell you that perjurers do not belong to any particular sex group; they could be men or women, equally. In any case, perjury is wrong because it destroys lives.

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Funny thing about the hunger strike; day two is the worst. Your stomach is protesting so loudly that you think the whole world can hear you. Cramps can be painful, and then you have to drink water to fool the system. Day three is when everything stops.  You do not feel hungry any more. Energy levels go up, your brain is clear and your thoughts are sharp. Truly, nature hides some big surprises where you do not expect them.

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April 11, 2012 Posted by | Family Law, Law | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Hunger Strike – Day 2


April 10, 2012

When I was a kid growing up in a “land far far away” I used to read books by Jack London and Mark Twain. I mean, I did not read them; I “inhaled” them in a day or so. Once I started, I couldn’t stop reading about adventures of their heroes. In 1987 I arrived to Santa Clara’s Silicon Valley as a young engineer and one of the first books I re-read was the “Call of the Wild”, in English; the original language. I will always remember one of its first paragraphs: “Buck lived at a big house in the sun-kissed Santa Clara Valley”.  That is where I was. I arrived to the place where my childhood story begun.

It is raining today in “the sun-kissed” Santa Clara Valley.  Since my hunger strike is not a “fast paced suicide mission” I decided to stay home. After all, I still have a roof over my head.  Not for long, but for the time being, it will do. 🙂

Today was the day when I continued packing my things to move them to public storage.  Each item that I picked to put in a Costco moving box evoked its own memory.  Dotar, Ektar and Katho are Indian musical instruments I bought from extremely talented street vendor in Calcutta, India. Birimbao was purchased at the flee market in Rio de Janeiro; Ukulele comes from Kaanapali Beach in Hawaii. My old turntable on which I was listening to my old vinyl records was pulled out of disk jockey’s desk in Belgrade, Serbia. It was a skeleton turntable (the only one I was able to afford at the time) and I built new power supply and case for it.  It still works fine.  Hundreds of my old cassette tapes store music that I was listening to when I played in a New Wave band, way back when I was a student. All of these items fit into one large box. That box is closed now,  ready to go to storage. I decided to keep my harp harmonica with me, but my guitars will go to my friends place to avoid being damaged by humidity.

Today was also the day when Santa Clara Municipal Utilities was to disconnect my electricity because of the outstanding balance.  Since I am going to occupy this house for one more week, I paid the bill and that left me with $900. That is all the money I have left.

I also received several support e-mails and I thanked people who wrote them . That was nice. There was also one e-mail in which person wanted to be removed from the mailing list.  That is cool, too.  I understand that my fight is not everybody’s priority and I wish them luck with whatever they are doing.

I hope it stops raining so I can go tomorrow in front of the Court to continue collecting signatures for my petition.

Good night everybody! 🙂

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April 10, 2012 Posted by | Family Law, Law | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Hunger Strike – Day 1


April 9, 2012

Today was the first day of my strike. I woke up at 7 AM, called a reporter in New York to give him an update on my situation. After I took a shower I called a law office that advertises taking cases considering fraud. I spent half hour on the phone with them and they promised to call me back in two or three days. Next phone call was to the  Serbian Consulate in Chicago to let them know that I am starting the strike and gave them instructions what I would like them to do in case something happens to me (I remind you, I’ve received death threats in the past).

Just when I was ready to depart for the court, around 9 AM, I found an eviction notice placed on my door by the Sherriff. It said that I must vacate my house by midnight on Tuesday, 4/19/2012. The definitiveness of the approaching homelessness struck me like a hammer. My whole body started shaking and in spite of my attempts to remain calm, I was not able to control it. I had to sit down, but even that didn’t help. Years of constant stress finally caught up with me. I was not able to move. I found the whole situation bizarrely funny. My brain was saying “Move, this is ridiculous”, but my legs didn’t listen and my hands were shaking uncontrollably. For years I resisted taking anti-depressant pills doctor prescribed me long time ago, but this time I decided to take them. This was stronger than me. I popped two pills and went to bed. I was out in minutes.

Woke up around noon, my body still weak, but I was determined not to be deterred by that. After all I am a grown man with a strong will and some funny feeling in my legs never stopped me in the past. I drove myself to the friend’s house and from there we drove to the Law Foundation of Silicon Valley. I wanted to see if they would be interested to take my case on pro bono basis. The lady who works in Public Interest Division was not there and I was given her direct number to call her back later.

From there we went to the Court House at 170 Park Plaza, downtown San Jose. I unloaded my things, banners, garden chair, small table and Petition against fraud and perjury for people to sign. As I set up my “shop”, new wave of strength overflew my body and I was ready to roll. Some of the Court sheriffs recognized me and greeted me with a smile. That felt nice. I was always pleasant with them in the past and ready to pop the joke. They took good care of me when I had my last strike two years ago. I felt good and ready to engage people who were passing in and out of the court to sign my petition.

I will talk about those encounters more in my next diary logs, but I must mention two cases today. First, it was a guy in his thirties who literary cried in front of me; he also lost everything due to false accusations he had to endure for three years of divorce proceedings, and the only thing that prevented him from becoming homeless was that he still has his mother who took care of him when he was down. He is still fighting for his son that he claims his ex neglects and leaves him for days unattended with some distant relative when she takes off on vacations with her new boyfriend.

There was also a lady with four kids who experiences the same treatment from her ex, for whom she claims that he is a drug addict. Her youngest son who was jumping all over the place had a chocolate mustache, which was cute, and we joked about that.

It felt good. People were talking to me, telling me their stories, as if they finally found somebody who would listen to their problems. One guy even called me “his hero”. Go figure; me and a hero in a same sentence. Eat your heart out Chuck Norris. 🙂

Friend of mine picked me up around 5 PM and I went home. I was done for the day. My girlfriend came around six and that gave me more strength. We spent cozy evening talking and watching TV. First we watched NCIS, which was a “boy’s” stuff and then we watched some “girly” stuff on Lifetime channel. Then it was time to go to bed. Tomorrow is the new day.

Good night everybody!  🙂

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April 10, 2012 Posted by | Family Law, Law | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Alamo


I have exhausted all legal means and venues as prescribed by our legal system. On each and every step in the process I encountered layers of corruption, cronyism and personal ties among participants. The whole case, with legal arguments and timeline of events is summarized in following PDF document -> Judicial Corruption

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Man stages hunger strike to protest injustice in Santa Clara, CA, Family Court

  • My name is Mirko Vojnovic. I used to be an engineer. A good one; 10 US Patents approved and two pending. I have been working hard all my life. I came to this country as a young engineer, hoping that the only laws I would be dealing with would be the laws of physics. It did not turn out that way.
  • On February 21st, 2012, my home of 20 years was sold on foreclosure auction. In few days I will be homeless.
  • I didn’t lose my home because I made a bad business decision or a bad investment. I didn’t lose my home because I was living a lavish lifestyle; or because I was drinking or gambling; or because I was doing drugs. I did not, and do not, do any of those things.
  • I was robbed, in broad daylight, by the people who were sworn to abide by the law and enforce the law. I did not allow them to take my daughter away from me. I won that battle, but lost everything else during a seven year ordeal.

–   I have been robbed by divorce attorneys who perjured themselves numerous times.

–   I have been robbed by judges who are protecting those attorneys.

–   I have been robbed by legal institutions and regulatory bodies who are protecting those judges and attorneys.

–   I have been robbed by cronies who infested our judicial system. And I am not alone.

(To learn more about the case please visit www.feedalawyer.wordpress.com)

(To learn more about Family Court problems visit: Center for Judicial Excellence: http://www.centerforjudicialexcellence.org)

  • I will not be a silent victim. They did not take away my dignity. I, as everybody else, deserve my unalienable Rights, to Life,Libertyand the pursuit of Happiness without oppression.
  • I decided to conduct this hunger strike, starting on Monday April 9, 2012, in front of Santa Clara Family Court (170 Park Avenue, San Jose, CA) with the intention to bring public awareness and demand accountability for fraud and perjury that is rampant in the family courts; not only to help myself, but also other parents and their children in similar situations.

I will end my hunger strike once the following conditions are met:

  1. Santa Clara DA’s office to prosecute attorneys Stefan P. Kennedy and Tamara T. Costa for perjury and to prosecute other open cases against parties who committed perjury and/or are guilty of public corruption, including DDA John Chase; and sue for damages; i.e. collapse of my business, depleting of my lifetime savings and personal injuries.
  2. Attorney General to prosecute retired judge Neal Anthony Cabrinha, his accomplices in staged disqualification proceedings and State Bar cronies who protected attorneys Kennedy and Costa.
  3. Immediate processing of my claims against the Santa Clara County by Santa Clara Board of Supervisors and the State of California by California Victim Compensation and Government Claims Board.

At the same time I appeal to ValleyOne Investment, LLC to delay the eviction process.

Mirko Vojnovic                                                       e-mail: mirko_vojnovic@yahoo.com

2335 Menzel Place                                                  tel: 408-644-2717

Santa Clara, CA95050                                             blog: www.feedalawyer.wordpress.com

March 15, 2012 Posted by | Family Law, Law | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Mirage, or fallen angels …


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Both of these guys had questionable roles in my case. They are, or will be, no more:

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1.      Judge Neal Anthony Cabrinha

Cynthia Sevely has announced her candidacy to run for Superior Court Judge, Seat Number 7, which will be vacant due to the upcoming retirement of Judge Neal Cabrinha.

http://sevely4judge.com/

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(link), (link), (link)

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2.      State Bar of California Chief Trial Counsel James Towery:

Amid a developing ethics probe — James Towery — the embattled Chief Trial Counsel of the State Bar of California, has resigned.

http://lesliebrodie.blog.co.uk/2011/06/16/d-e-v-e-l-o-p-i-n-g-james-towery-california-bar-embattled-chief-prosecutor-to-resign-11327086/

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(link), (link)

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March 3, 2012 Posted by | Family Law, Law | , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Ring Around the Rosie …


… or, how to deflect the responsibility by being psychic.

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Sometimes it feels like I am playing some kind of a weird game with these people… A child’s game… or childish, maybe?

I remember when I was in the Army, the way to avoid doing something was to “play stupid“. They can punish you for refusing to carry out an order, but there is no penalty for “being stupid“. Is that what these people are doing here?

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On December 7, 2011, I sent a letter to Chief Justice Tani Cantil-Sakauye with all the supporting documents related to the Disqualification of Judge Neal A. Cabrinha, outlining how he and Judge Lynn Duryee made mockery of CCP 170.3.  (link)

Today, December 9, 2011, I received a letter from Frederick K. Ohlrich (Court Administrator and Clerk of the Supreme Court) in which he returned the documentation with the following cover letter:

Dear Mr. Vojnovic,

Your document, received today, to Chief Justice Tani Cantil-Sakauye, has been referred to this office for a reply.

It appears from your documents that you wish to file a complaint against a California judge(s). Such complaints should be directed to the Commission on Judicial Performance…”

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Well, Mr. Frederick K. Ohlrich,  I had already filed my complaint with the CJP (thank you very much for asking, … and yes, they are taking their sweet time). (update)

This document was sent to Chief Justice, … to be put in the same file with the accusation against attorneys Kennedy and Costa; because they belong to the same case.  Your job is not to read my mind and assume what I want to do; your job is to add the documents to the file, … and God forbid, maybe act on it?

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I also understand, Mr. Frederick K. Ohlrich, that this time you were not able to ignore my letter as you did it with the one sent to Chief Justice on November 4, 2011. The reason is simple, this time I sent it via CERTIFIED mail. You had to sign the receipt, right?

December 9, 2011 Posted by | Family Law, Law | , , , , , , , , , | 2 Comments

Color of Law


NOTICE FOR DISQUALIFICATION OF JUDGE NEAL CABRINHA

This is the best example of how corrupt judges play “street politics” with the support of California Supreme Court.   (Connections)

Based to my sincere belief that judge’s conduct of evading prosecuting perjurious attorneys Kennedy and Costa was unlawful and contrary to the Codes of Judicial Ethics and that it represents obstruction of justice (which is a federal crime under Title 18, U.S.C., Section 242, “Deprivation of Rights Under Color of Law”), I filed a “Notice of Disqualification and Verified Statement for Disqualification of Judge Neal Cabrinha, Set 1”, based on CCP 170.1 (6)(A)(iii) and violation of Code of Judicial Ethics 3D(2).

September 21st, 2011, Wednesday

Notice of Disqualification and Verified Statement for Disqualification of Judge Neal Anthony Cabrinha, Set 1, was filed. Judge was served personally at 2:03 PM.    (Disqualification, Set 1)

September 30th, 2011, Friday

I received a letter with “Verified Answer of Judge Neal A. Cabrinha to Statement of Disqualification”. According to mailed proof of service the document was filed on September 28th, 2011. In his declaration Judge Cabrinha denies any wrongdoing.    (Cabrinha, answer)

October 11th, 2011, Tuesday

As I noticed some of the case law Judge Cabrinha was quoting was not applicable in this particular matter, I wrote and filed on October 11th, 2011, a “Verified Response to Verified Answer of Judge Neal A. Cabrinha to Statement of Disqualification, Set 2” and moved the court to strike inapplicable case law from the record.    (Disqualification, Set 2)

October 18th, 2011, Tuesday

At 3:40 PM, I went to Santa Clara Family Court Clerk’s office to file a document regarding other upcoming hearing and at the same time I inquired about the “Disqualification” documents and whether they had been submitted to the court file as public record.[1]

I was informed by the clerk that  “Disqualification” related documents were never filed.

October 19th, 2011, Wednesday 

At 10 AM, I called Judge Cabrinha’s clerk and left a message on her answering system, asking about the filing of the “Disqualification” documents.

At 7:30 PM, I received a phone call from court’s clerk who claimed that she was working late, and she told me that “Disqualification” documents were filed earlier, but they were not entered into the electronic file. She stated that the error had been corrected and that records now reflect the filing. EXHIBIT 1 is October 20th, 2011, CASE FILE printout from the Superior Court of Santa Clara website which shows that documents were filed and postdated on 9/21/2011 and 9/28/2011 respectively, with the latest Number-Sequences of 0350-000 and 0351-000, respectively. Older Number-Sequence 0349-000 relates to newer 10/18/2011 filing.

Please note that by that time THREE documents were filed in regards to “Disqualification”, but only two were submitted to the file on the record. Also note that filing on 9/28/2011 was attributed to my filing (“For: Mirko Vojnovic/PTR”, PTR stands for petitioner), even though, based on the date, it should have been Judge Cabrinha’s filing of his “Verified Response”. Something looked very “fishy” and improper regarding all of that filing business.

This was additionally very suspicious as I already had previous bad experience with Judge Cabrinha’s “altered and doctored” Court Transcripts.[2]

October 20th, 2011, Thursday 

All of the above prompted me to call California Supreme Court Office of the Courts, to inquire about the status of the “Disqualification” process. At that time I learned that my case was assigned to Judge Lynn Duryee.

October 20th, 2011 – October 23rd, 2011, Thursday – Sunday

Immediately, I started researching Judge Duryee’s qualifications and what I found shocked me. It turned out that public and legal community view of Judge Duryee is that she is a judge with questionable ethics and who apparently had been involved in “document shredding”, State Audited incident in Marine County Family Court.

In addition, I found that Judge Cabrinha and Judge Duryee know each other outside the regular court business and that both of them are graduates from The University of San Francisco School of Law.

I found out that Judge Cabrinha’s long time friend and partner from his University of San Francisco School of Law student days is Supreme Court Associate Justice Ming W. Chin.

Justice Chin is the chairman of Supreme Court’s Commission for Impartial Courts that is involved in “disqualification” processes.

I also found out that Justice Chin is Judge Duryee’s boss, as she is also a member of the Commission for Impartial Courts.

Relationship between Justice and two Judges is undisputable and it raises great suspicion that the whole “disqualification” process is staged as a “kangaroo trial”.

October 24th, 2011, Monday

As a result of my research regarding Judge Cabrinha’s, Judge Duryee’s and Justice Chin’s relationships, on Monday  October 24th, 2011, I filed “Notice of Disqualification and Verified Statement for Disqualification of Judge Lynn Duryee Re. Disqualification of Judge Neal Anthony Cabrinha”.    (Disqualification, Set 3)

October 24th, 2011 – October 27th, 2011, Monday- Thursday 

I was checking Court Case Information website all these days; in the morning, in the afternoon and in the evening to find out whether there were any new developments in the Disqualification case.

October 28th, 2011, Friday 

At 10:25 AM I checked Court Case Information website again.  It stated that Lynn Duryees Order Denying Disqualification to Judge Cabrinha (as expected 🙂 ) was filed on October 27th, 2011. Around 2PM I went to Court Clerk’s Office to obtain the copy of that Order.  Order states that Judge Duryee made her ruling on October 17th, 2011.   (Duryee, Order)

Judge Duryee filed her Order THREE DAYS AFTER I requested her disqualification, stating that she made the order SIX DAYS BEFORE I requested her disqualification. Smart, she created  fait accompli (An accomplished fact, something that has already occurred; a done deal. Often said of something irreversible or performed without going through standard procedure). But, how bogus is that? Do they really believe this does not look like a scam? 🙂


JUDGES CABRINHA AND DURYEE MADE A MOCKERY OF CALIFORNIA CODE OF CIVIL PROCEDURE 170.3:

  1. Fact is that I had not been informed about any developments in “disqualification” proceedings until I inquired about it myself on October 20th, 2011.
  2. Fact is that, pursuant to CCP 170.3 (5)[3], the judge selected to hear the case of disqualification shall be determined by mutual agreements of all parties involved.
  3. Fact is that, pursuant to CCP 170.3 (5), in the event that parties are unable to agree within five days of notification of the judge’s answer (filed by Judge Cabrinha on September 28th, 2011), only then judge hearing the disqualification shall be selected by the chairperson of the Judicial Counsel or his or her vice chairperson. This step had been completely bypassed and 25 days had passed since Judge Cabrinha’s filing of his “Verified Answer”.
  4. Fact is that selection of Judge Lynn Duryee was not transparent and not agreed upon by me, i.e. Petitioner.
  5. Fact is that Judge Lynn Duryee was appointed illegally and against the law, by whoever appointed judge Duryee (most likely by Justice Ming Chin, who is the chairman of The Commission for Impartial Courts).
  6. Fact is that, pursuant to CCP 170.3 (5), no challenge may be made against the judge who is selected to decide the question of disqualification.
  7. By forcing the selection of Judge Duryee on me and me not having a legal recourse to challenge her appointment, and taking into the account trio of Justice-Judges’ personal relationships, a person aware of the facts might reasonably entertain a doubt that the stage was set up for “kangaroo hearing”.
  8. Fact is that, pursuant CCP 170.3(d)[4], once the decision regarding the disqualification is made, the order is not appealable and I would be left with no recourse to challenge the apparent scam.
  9. Fact is that Judge Lynn Duryee signed an Order to deny my motion for disqualification of Judge Neal Cabrinha on 10/17/2011 and postdated and filed on 10/27/2011, three days after I filed Motion for her disqualification.
  10. Fact is that such conduct is criminal.
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November 4th, 2011,  Friday

Letter was sent to the Supreme Court, Chief Justice Tani Cantil-Sakauye outlining what happened in this disqualification case; urging her to review the process. To this date, December 4th, 2011, there was no reply. (update)

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[1] Judge Cabrinha was served with the original documents and it was his clerk’s duty to file them on the record.

[2] I had my first bad experience with Judge Cabrinha’s Court Reporter, Melody Dickinson’s transcripts related to October 14th, 2011, hearing. In that transcript certain words had been added to Judge Cabrinha’s statements which completely altered the meaning of my subsequent arguments. I can provide you with that transcript (19 pages long), per your request, if you think it is relevant.

EXHIBIT 2 is my April 7th, 2011, letter to Judge Cabrinha’s Court Reporter Melody Dickinson regarding April 5th, 2011, hearing, regarding other separate incident.

[3] CCP 170.3 (5)

A judge who refuses to recuse himself or herself shall not pass upon his or her own disqualification or upon the sufficiency in law, fact, or otherwise, of the statement of disqualification filed by a party. In that case, the question of disqualification shall be heard and determined by another judge agreed upon by all the parties who have appeared or, in the event they are unable to agree within five days of notification of the judge’s answer, by a judge selected by the chairperson of the Judicial Council, or if the chairperson is unable to act, the vice chairperson. The clerk shall notify the executive officer of the Judicial Council of the need for a selection. The selection shall be made as expeditiously as possible. No challenge pursuant to this subdivision or Section 170.6 may be made against the judge selected to decide the question of disqualification.

[4] CCP 170.3(d) The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought only by the parties to the proceeding.

November 2, 2011 Posted by | Family Law, Law | , , , , , , , , , , | 5 Comments

I spy …


… with my little eye, something beginning with C

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Find three small objects in the big picture

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A.      Judge Neal Cabrinha, Santa Clara Family Court.  Protector of perjurious attorneys Stefan Kennedy and Tamara Costa.  Motion for disqualification filed and in process.

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B.      Judge Lynn Duryee, Marin County, California. Selected by the Supreme Court of California to decide whether Judge Cabrinha should be disqualified. She is a member of the Supreme Court’s Commission for Impartial Courts.

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C.      Associate Justice Ming W. Chin of the Supreme Court of California and Chairman of the Supreme Court’s Commission for Impartial Courts.

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.http://usf.usfca.edu/law/news/stories/blakeay.html

Judge M. Lynn Duryee ’79 of the Marin County Superior Court, Judge Neal A. Cabrinha ’64 of the Santa Clara County Superior Court, and Justice Ming W. Chin ’67 of the California Supreme Court serving as guest “panel judges” at The University of San Francisco School of law annual competition event.  All three are USF Law Alums. Their service as “judges” reunited Cabrinha and Chin, who partnered as a moot court team as students.

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Nice try guys 🙂

October 25, 2011 Posted by | Family Law, Law | , , , , , , , , , , , , , , , , | 4 Comments