Judicial misconduct?

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dmtrust

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At a hearing to remove the Trustee, no one appeared for opposing party and so the Judge removed him and appointed me Trustee.

The next day. the opposing party hand delivered a letter to the Judge with deliberate mis-information to get him to change his ruling from the hearing the day before. The Judge did change his ruling. The Judge told Complainant he had new evidence that would have overturned his ruling anyway.

The attorney said he was entitled to send the letter to oppose the proposed Order of the new Trustee.

The letter is labeled: "VIA HAND DELIVERY" but i could not discover how the clerk accepted it or which clerk accepted it and how it was passed to the judge as it obviously discusses the case.

The Judge admitted receiving "new information" and told me in chambers that he stayed his ruling pending another hearing on the matter. That if the info was a lie, he would reinstate my appointment. Instead, at the hearing, the Judge reprimanded me for not understanding the terms of the Trust.

The terms are: 4% allotted yearly until age 100, balance in full.

The Trust does not say I should not be Trustee and I explained the terms had been irreversibly damaged by the loss of salary due to the Trustee, as he had been my employer and caused me to lose the job. That 4% was formulated to the salary, that the Trustee assured the Grantor job was secure and he would fulfill her wishes as they concerned me.

The Judge offered the new reason as it was the only way he could justify reversing his earlier ruling.

The info the Judge offered wasn't new info as that was in the trust doc on file. Besides, the Trustee was there as was my sister to inquire of my mothers intentions.

Q1: was the opposing party entitled to send a personal letter to the Judge?
Q2: was I supposed to be notified and given a chance to rebut the new information and was this all supposed tol be handled in Court or is chambers okay?


Q3: as opposing party did not appear for the hearing are they not entitled to object or conduct ex parte communications of the hearings? Cal Rules of Court 3.1207

Q4: can I force the reinstatement of my appointment, if so by which method (appeal, etc.)?

Thanks in Advance for all replies!
 
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