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Judges abuse of power

Discussion in 'Constitutional Law & Civil Rights' started by Minos, Oct 24, 2020.

  1. Minos

    Minos Law Topic Starter New Member

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    Jurisdiction:
    California
    California.

    I hope this is not another AVVO where too many attorneys don't know what they are talking about and always end up saying I should retain an attorney.

    I had a judge make an Order, in chambers, that I could not propound any discovery w/o his permission, and if I did, I could be sanctioned up to $2,500 per submission. This order was made in chanbers,w/o notice to me, without any evidence that I had ever abused discovery in any case, and w/o any request from the opposing party or notice to her. Clear violation of Due Process.

    I rcomplained to the California Commission on Judicial Performance which requested proof. I submtted the Order. There were several other instances of abuse of power, all in transcripts and citing the judges own words.

    The CJP kept asking for more evidence and I continued to provide transcripts.

    After almost two years, the CJP said I had not made a sufficient showing of abuse of power. Four attorneys I contacted said, after reviewing my evidence, that I was 100% legally right.

    The judge is an excellent judge, top rated in The Robing Room, well liked, several awards from various attorney organizations (on the covers) and better than well liked by his peers and attorneys appearing before him.

    What is my next step? Petition for Writ of Mandate? Anything in Federal Court?

    Thanks.
     
  2. justblue

    justblue Well-Known Member

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    When one is asking for free guidance from volunteers at a legal site, one should be polite.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    Right. Open the thread with a veiled insult.

    And I hope you aren't another one of those posters that provide no details and then get mad because you're not getting the answers you want to see.

    You have shown us NOTHING to indicate that there was a "clear" violation of due process. You wrote that the judge issued the order. Why did he do it? What was his reasoning? What did he write in the case file as to why he did it? What's your case all about? What happened in the days, weeks, months, etc, prior to the order that might explain the order? Were you representing yourself?

    You wrote that it's been two years since the order. What happened with the case? Is it still in progress? Did you lose? Is there a judgment against you?

    And you didn't hire one of them because...?

    As I wrote earlier, there's no way to answer those questions without details about the case. But I have to tell you that during my divorce the b--tch judge was against me at every turn. I filed a complaint for abuse and bias and got nowhere. I suspect that you have shot your wad too.

    However, you're welcome to provide the requested details and see if anybody can provide helpful comments.
     
  4. Minos

    Minos Law Topic Starter New Member

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    The posts should also be honest and express the feelings of the poster. Often free advice is worth what you pay for it. Still, there are some AVVO attorneys who will give good advice and even quote appropriate code sections.
     
  5. Zigner

    Zigner Well-Known Member

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    You need an attorney.
     
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  6. adjusterjack

    adjusterjack Super Moderator

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    We do that here when we are given sufficient details. You still haven't provided any though you took the time to come back and make a snide comment implying that we are inferior to AVVO participants.

    Well, good luck in your quest, Don Quixote.
     
  7. Minos

    Minos Law Topic Starter New Member

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    You have shown us NOTHING to indicate that there was a "clear" violation of due process.

    ## Due Process says when a persons rights are taken, they must be given notice of the pending (in this case) Order and the right to be heard.


    You wrote that the judge issued the order. Why did he do it?

    ## He never given any reason(s) whatsoever. I have offered to give a $1,000 donation to BLM if he can show one reason/law supporting his decision. To this date, he has not said why he made the order. IMO, it was because he was/is prejudice against me because I have filed many lawsite; never lost one and have settled most. Settlements have caused large, multi-million dollar companiesot make package changes, and in some cases, including one judgment, stop selling a product in California. Jelly Belly had to change its packaging; Frito Lay had to stop selling an overszed package in California; Dan D Pak had to reduct the size of one of it's product. I have caused many more changes o be made.

    What was his reasoning? What did he write in the case file as to why he did it?


    ## He made a written Order, in chambers, acknowledging my posting a $15,000 cash bond to proceed as pro per, then added the order I must get his approval before submitting any discovery. The other side never asked for this, nor was there any proof I ever abused discovery. NON!

    What's your case all about?

    ## False, misleading and deceptive packaging due to a false sidewall. FYI, when the case was over, the defendant removed the false sidewall on its own.


    What happened in the days, weeks, months, etc, prior to the order that might explain the order?

    ## Absolutely nothing.


    Were you representing yourself?

    # Yes.

    You wrote that it's been two years since the order. What happened with the case?

    ## The two months were spent waiting for the California Commission on Judicial Performance to "investigate" my complaint. Every piece of evidence I submitted was in the judges own words, in transcripts.


    Is it still in progress? Did you lose? Is there a judgment against you?

    ## After the judge made an order I had to post $15,000 cash bail, he also set an OSC re the status of the bond posting. When the cash bond of $15,000 was posted, that hearing was mooted and should have been taken off calendar. It was left on Calendar. I told opposing counsel I would not appear, she said she would since technically it was on calendar, but she agreed it was moot. In his order, the judge said the posting of the cash bond was valid, At the hearing, the judge set an OSC re: dismissal for my failure to appear. He said I should habe notified the court I was not going to appear because I had requested a CART system due to my hearing disability. I NEVER requested the CART system, and the ROA (Register of Actions) shows no request from me, which would have been posted if I made a request. The judge set the OSC for my "Failure to Prosecute." In California FTP is for not bringing a matter to trial within a certain period, NOT for not appearing at a hearing that should have been taken off calendar when I posted the bond, and the judge knew this.

    It became clear to me what the judge was going to do was sanction me for not appearing, and charge my $15,000 bond for the ssanctions. He would have no right to do this, but he did have the power.

    I saw the writing on the wall and settled the case for $1.00 before the judge could sanction me.

    The judge also Lied from the bench, on the record, that he wasn't prejudiced against me and didn't know I had filed a complaint with the Commission on Judicial Performance. He forgot I had attached a copy of the complaint to my letter for recusal, and that he had referened it in his reply.

    And you didn't hire one of them because...?

    ## I had no money to pay the thousands of dollars retainers asked. I borrowed the $15,000 for the bond, and as an 81 year old disabled veterain, living on Social Secrity and havins suffered two heart attacks, couldn't get $$ to hire an attorney.

    I would respectfully remind attorneys here, judged are human and can make mistakes and/or act out of perjudice. They are not gods even though they have, in their own courtrooms, the power of gods. If you doubt my words, remember The Innocense Project, and the cases where the convice had been found factually innocent, and not always o DNA evidence (See People v. Ronald Cotton) or the show about him on 50 Minutes.

    I hope the above is understandable.

    Everything I have said is is documented in transcripts, and proven by the judge's own words on the records.



    As I wrote earlier, there's no way to answer those questions without details about the case. But I have to tell you that during my divorce the b--tch judge was against me at every turn. I filed a complaint for abuse and bias and got nowhere. I suspect that you have shot your wad too.

    However, you're welcome to provide the requested details and see if anybody can provide helpful comments.
     
  8. justblue

    justblue Well-Known Member

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    If you feel the need to "express your feeling" you're on the wrong site. You want www.dr.phil.com
     
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  9. adjusterjack

    adjusterjack Super Moderator

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    When you expand post #7 you'll see the details.

    Only one point stands out:

    Sorry, you settled the case. You're done. There is nothing more to discuss.
     
    Last edited: Oct 25, 2020
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  10. Minos

    Minos Law Topic Starter New Member

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    ## If I had not settled, my bond could have been taxed ty the judge.

    ## The CJP has given the popular judge carte blanch to do what he wants against me.

    ## I believe there have been sufficient posts for me to get a feel for how my situation is viewed.

    Thanks for the input, education and confirmation of what I expected.
     
  11. Tax Counsel

    Tax Counsel Well-Known Member

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    When did you learn of this order? How did it affect your case? Did the judge ever reject your requests for discovery? Did you ever file a motion with the judge for reconsideration of the order or file an appeal of the order? You cannot force the CJP to take any action against the judge. What you could have done is pursued remedies to get the order reversed or at least ensure that you made timely applications to the judge for the discovery you wanted so that you would get what you needed for your case.
     
  12. Minos

    Minos Law Topic Starter New Member

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  13. Tax Counsel

    Tax Counsel Well-Known Member

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    Without knowing the reason why the judge did as he did it is impossible to comment on whether the order exceeded the judge's authority or violated your rights. Judges are permitted to make a variety of rulings sua sponte (which means the judge makes the ruling on his own initiative) and may not always need to give the parties notice or opportunity to be heard.

    You might not have been able to appeal the order immediately (an interlocutory appeal), but at the very least after the final judgment you could have included that as one of your issues for appeal of that final judgment. That appeal and the writ are available options to challenge the order, thus providing you due process to challenge it. Note that unfortunately your inability to afford to pursue those options isn't a factor in determining whether due process was available to you.

    Finally, remedies for violations of your rights depends on the impact that the violation had. The judge's order did not necessarily deprive you of your opportunity to get discovery. It did, however, set up an extra hurdle for you to jump through to get it. Irritating to be sure, but if you could still get the discovery you needed then the impact on your ability to present your case would have been pretty minimal. In that case there may not be anything more for you to do about the order.

    Of course you'd not be pleased with the order. But lacking the details behind the order and what impact, if any, it had in preventing you from getting discovery that you were entitled to get, I cannot say if there is any good recourse for you now. Your best way to determine what you might be able to do at this point is to consult a local litigation attorney. But that is an answer you said at the outset you didn't want to hear.
     

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