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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 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

Tani Cantil-Sakauye completes the circle


Brazen arrogance of public servants whose work is not subjected to public scrutiny:

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En banc

From Wikipedia, the free encyclopedia
Look up en banc in Wiktionary, the free dictionary.

En bancin bancin banco or in bank is a French term (meaning “on a bench“) used to refer to the hearing of a legal case where all judges of a court will hear the case (an entire “bench“), rather than a panel of them.[1][2] It is often used for unusually complex cases or cases considered to be of greater importance.[2] Appellate courts in the United States sometimes grant rehearing en banc to reconsider a decision of a panel of the court (a panel generally consisting of only three judges) where the case concerns a matter of exceptional public importance…

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… and yet they do not think that it would be appropriate, or necessary to explain their decisions.

February 22, 2012 Posted by | Family Law, Law | , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Free $1.3 Billion for consumer spending by enforcing the law


Can a simple fix of our Family Court procedures help free consumer money to jump-start our economy? I say, yes… it can!!!

 

Let’s play with some numbers for a bit.

 

There are estimated 160,000 divorces filed in California each year. 60% are now done without lawyers according to Ed Sherman in “How to do Your Own Divorce in California”, published by Nolo Press.

 

That means 64,000 divorces are handled by divorce attorneys.

 

Fighting for custody in a Court can cost a lot (says the same source) – at least $15,000-$50,000 for each side. Let’s take a median number of $30,000 per person, which is $60,000 per couple.

 

That leaves us with stunning $3,840,000,000 dollars spent in Family Courts across California, producing no real value for our economy. Not only that, but how much of that money could be spent by parents investing in their children’s education? Isn’t the education of new generation the most valuable investment that our society can make?

 

Now, let’s assume that 1/3 of these costs are not really necessary which leaves us with $1,280,000,000 (ONE POINT THREE BILLION) dollars taken out of the consumers’ pockets. Can retrieving that much spending money help our economy? You bet!!!

 

In comparison the recent news reported that Governor Schwarzenegger has reduced state employees working hours by 2-day-a-month without pay. His administration estimates that cutting worker hours would save the state $1.3 billion over the next year-and-a-half. Isn’t that the same number?

 

 

What are the causes and how can this money drain be avoided?

Keep in mind that Divorce is defined as an adversarial process, so each side is encouraged not to go easy       on each other. Don’t you think some lawyers could, would, or DO take advantage of this situation? You can bet on this one, too!

 

My own experience is a testament to that. My ex-spouse’s first attorney manipulated his client into believing that I wanted full custody of our child. Can you imagine how any mother would react when faced with the possibility of losing her child? Or any father for that matter? The stage was set for a big fight and a “cash cow” opportunity for the lawyer.

Emotions run high during the divorce, so it took my ex-spouse one and a half years to finally realize she had been played all along. $80,000 dollars later, she finally fired the crook. Our daughter ended up being shared on 50%-50% bases; something we had already agreed to even before her lawyer was hired to handle property division issues.

 

As I was not just an “innocent bystander” all these years, I talked to people who were in similar situation. I realized that “crooked” lawyers do take advantage of the fact that other lawyers (in this case your own) do not take a tough stance against other attorney’s fraudulent actions. All lawyers (and yes, even your own) are businessmen first. All of them work in the same environment and face each other long after your case is gone. “Do not hurt one of your own” is the unwritten code of their relationships. They all know each other.

 

So what remedies does one have to stop fraud, even perjury, committed by the opposing lawyer? Well, as our forefathers put the principle of “checks and balances” into our Constitution, the same mechanism was established for the Practice of Law in our country. Or, is it?

 

One has two options: Report the “crook” to California Bar, or to the District Attorney’s office. Let’s now examine those two options:

 

 

The State Bar of California

I called Cal Bar to inquire about the status of my complaint that I filed few weeks ago. The information I    received was shocking.

 

CalBar Intake Office (the office that handles and sifts through received complaints) increased the number of lawyers working on complaints from 3 to 5 at the beginning of this year. The lady on the other side of the line was proud to announce that the manager is working hard to bring those two newcomers up to speed, but unfortunately, one person is out, sick. That leaves only 4 Cal Bar lawyers to work on all the incoming complaints. What does that mean?

Bear with me while we go over this simplified mathematics assuming that the number of complaints is evenly spread over the 12 month period.

 

So, 4 lawyers, on average, are available for reviewing what has been estimated to be 100,000 complaints each year for all sorts of things, not only the family law related stuff.

 

That is 8,333 complaints per month, or over 2,000 complaints for each Cal Bar lawyer to review each month. Break it down even further and you get about 11.5 complaints per hour, provided every Cal Bar lawyer works without interruption 8 hours per day, 5 days a week.

 

How effective can that be? Is that sufficient deterrent for those “shady” lawyers who are tempted to walk the fine line, or on occasion even cross it? In addition, many clients are already overwhelmed and confused with the whole “legalese” business and they don’t even bother sending their complaints. It is too complicated.

 

Taking into the account the above statistics, if I were a “crooked” lawyer I would take my chances. I would go about my “business as usual” feeling as safe as single zebra in 10,000 zebra herd all the while the lion is walking around. I would find safety in numbers. It can’t be me that they will catch, right? And even if they do, for most part it is a reprimand that is not even listed on my official record. A slap on a wrist; I can survive that, right? So, I would keep doing what I was doing, feeling safe and keeping my pockets full.

 

 

District Attorney’s Office

I wrote an e-mail to DA’s office complaining about my ex-spouse’s second attorney’s conduct that can be classified as perjury (misrepresentation of material facts under oath).

 

At first I received “Dear John” type of a response from some clerk that told me to first complain to Cal Bar….and then,… if Cal Bar finds my complaint worthy of an investigation, they will send it to the DA’s office for their consideration,… and then, if they find it worthy they will discuss… Wow??? With such intense filtration one would be able to drink sewer water every day and live healthy and happily ever after.

In all fairness to Santa Clara County’s DA Dolores Carr, I have to report that I had received an e-mail from Ms. Carr directly, ten days after the initial “Dear John”.  It was a letter in which she informed me that DA’s office is working with the Family Court to define the parameters of conduct that would help to reduce instances of perjury.  And that was it. How effective is/was this effort? I do not know, there is no statistical data available to support claims either way.

 

 

How can this be fixed?

I am not an expert in any other field but my own: Electrical Engineering. However, being an engineer I have keen eye for detail and by recognizing hurdles that I have faced, I’m willing to put my 2 cents into the solution pot.

 

1. Double the number of attorneys in Cal Bar’s Intake unit to 10. That would bring the number of complaints to probably manageable 50 complaints per day/per person. At $100,000 annual salary for each attorney, that is less than $1,000,000 per year, including benefits and operating cost. How much is that compared to $1.3 billion waste in Family Courts only, not including all other civil and criminal cases? The number is probably much higher than that.

 

2. At the DA’s office make one person available to proactively give guidance to people who approach the office for the first time, to let them know what is required as evidence to make a complaint stick in Court.

 

It would also help to make a simple handout of items that represent the list of sanctionable conducts and support documents that would be required to prove such conduct is factual. Give some examples.

 

3. Here in California we have “three strikes you’re out” rule for criminal offenders.

 

This law is formally known among lawyers and legal academics as habitual offender law. Why can’t the same principle be used for the habitually offending attorneys? Let them know they risk losing their licenses forever if they practice law by not following the Rules of Professional Conduct as set by Cal Bar.

 

 

Would the proposed actions be enough to provide effective deterrent to “wannabe” offenders? I do not know, but I’m sure it would be worth a try.

 

 

Prosecute fraud and perjury in Family Courts?
(polls)

February 8, 2009 Posted by | Family Law, Law, Uncategorized | , , , , | Leave a comment