ruling in the hall

[dmtrust]

I met the judge outside chambers and not in Court.

He told me he stayed his ruling.

Q: does a judge have authority to stay a ruling outside of Court?

Q: was the judge supposed to put that in writing anywhere and where?

Q: As we were not with a recorder, how would that legal act be recorded?

THANKS FOR ALL THE REPLIES!

 

[jharris352]

A Judge can sign a ruling from a beach or on a mountain top. As long as his ruling is written down and recorded with the clerk of court in the jurisdiction where he is a judge it is a valid judgment. He wasn't staying his ruling when he talked to you, he was telling you what he had already done.

Go to the clerk of court with the case number and pull the file.

 

[dmtrust]

Thanks for your reply,

Yes, he said something about having the clerk type something.

his ruling was entered in the minute order. I will check to see if he changed it.

Q; Can he change the minute order without a formal proper Court session?I didnt get any written change from the Court.

Q; do you have a citation for abuse of discretion for calif.?


THANKS FOR ALL THE REPLIES!

 

[jharris352]

Q; Can he change the minute order without a formal proper Court session?I didnt get any written change from the Court.

Once a parties have initiated actions, a judge may act sui sponte or of his own motion to do most anything he/she deems necessary. So there would be no need for a formal hearing. If you wish to change what was done you can always motion for a modification of his order and move in Rule Nisi for a show cause hearing.

Q; do you have a citation for abuse of discretion for calif.?

Abuse of discretion is a standard of proof more than something you would find in a "citation" if I understand what you are asking. Abuse of discretion is where a Judge acts without jurisdiction or authority or where his/her actions are so egregious that no Judge can see that he acted reasonably. That's the best I can do for you. I'm sure you can find a case to define it if you want, but I doubt you will find a statute that "defines" it.

Good luck.

 

[dmtrust]

thank you for your reply.

i am afraid this matter has unearthed a "good 'ol boy" system and i dont know how to continue without exposing it for fear of reprocussions.

an appeal is best i can figure.

Q: can an appellate ct issue protection against pretext arrest or contempt of ct resulting in arrest?

 

[jharris352]

Q: can an appellate ct issue protection against pretext arrest or contempt of ct resulting in arrest?

No. The appellate court is not going to get involved in something that hasn't happened yet.

Further, you don't seem to have a final judgment so a direct appeal is not available. You might have a discretionary interlocutory appeal available but I have not heard any grounds for reversible error yet.

Why do you think the judge has abused his discretion?

 

[dmtrust]

At a hearing to remove the Trustee opposing side did not show. Judge appointed me Trustee.

Next day judge tells me he has new info that I cannot be Trustee. He stays ruling to next hearing does but will not discuss it more.

The attorney had sent him a letter with half truths and judge accepted that.
At hearing judge switches to another reason and completely reverses ruling.

MY ARGUMENT

ATTORNEY was barred from objecting to ruling as he did not show

Attorney was in violation by sending Judge personal letter not filed and recorded.

Attorney knowingly and deliberately misled Judge w/false info to change ruling and it worked

Judge was in violation for reading letter and then acting on it as it was not reliable and it usurped the adversary system by not notifying me to oppose.

Judge denied me to respond on the record as we were in the Hall and talk not recorded.

Judge clearly favored opposing party.

There was never a valid reason to reverse ruling.

Attorney wanted to keep the issue open for leverage to negotiate the final accounting which I am contesting.

Small Trust but these guys are affronted that I filed a petition.

Big guys make small mistakes but those mistakes are enough to take them down.

I say Judge cannot change ruling except for good cause or facts justify.

THANKS FOR ALL THE REPLIES!

 

[dmtrust]

i wanted to appeal the reversing the appointment to trustee

i am not saying the jj cannot change mind

i am saying he was improperly influenced and he deliberatetly allowed it and then the two blamed me and i am the victim!

the buddy system is difficult to beat.

 

[jharris352]

The only part I definitely agree with you on is the ex parte communications between the Judge and the other party. He should not be "getting other information" outside of the court that influences his decision. Now THAT is reversible error. Get that on the record at the next hearing.

He can however change his mind for any reason at all. He can hear a bit of something, stop them and stay his ruling until everyone can be heard. That is not error.

I'll deal with your statements one at a time:

1. ATTORNEY was barred from objecting to ruling as he did not show

A: That's reasonable. No shows don't get to object.

2. Attorney was in violation by sending Judge personal letter not filed and recorded.

A: A judge should not entertain ex parte communications, true. However, he can hear bits and pieces and if he thinks there may be something interesting in it he can stay an order and hear the full matter later. There is no harm done in that.

3. Attorney knowingly and deliberately misled Judge w/false info to change ruling and it worked

A: An attorney mislead a Judge? Say it ain't so! All joking aside his argument is his argument. Of course you are going to be contrary to it. The Judge has not yet "changed" his ruling he has stayed his ruling until a full hearing can be had. Thats ok.

4. Judge was in violation for reading letter and then acting on it as it was not reliable and it usurped the adversary system by not notifying me to oppose.

A: You have a point but the Judge only issued a stay. That's reasonable. A Judge can hear a Motion for a temporary stay Ex Parte. It's done all the time. If he issued a final ruling on that communication it would be different. You have notice and opportunity to be heard at the full hearing.

5. Judge denied me to respond on the record as we were in the Hall and talk not recorded.

A: That was the proper thing to do. You will have the opportunity to respond at the hearing.
Judge clearly favored opposing party.

6. There was never a valid reason to reverse ruling.

A: Since you haven't heard his reasoning, you have no way of saying that. Besides that, your opinion is not the one that counts. His counts. So when you hear the matter and respond to it you can try to sway his opinion.

7. Attorney wanted to keep the issue open for leverage to negotiate the final accounting which I am contesting.

A: I don't know why this is a problem.

8. Small Trust but these guys are affronted that I filed a petition.

A: Let them be offended. Don't sweat it.

9. Big guys make small mistakes but those mistakes are enough to take them down.

A: Ok, I don't get your point.

10. I say Judge cannot change ruling except for good cause or facts justify.

A: Well, you are wrong. A Judge can make decisions because his pancakes were cold that morning or his wife pissed him off. He shouldn't but he can. That's what the appellate process is for. You are quite obviously personally invested with this case which makes you a poor attorney for yourself. Even attorneys have a very hard time representing themselves. Emotion and passion cloud your judgment and strategy. When you add that to not being intimately familiar with the process it's a very bad mix.

You need an attorney my friend. Good luck.

 

[dmtrust]

Jharris,
Thank you sooo much!

It is one of those cases where the violation is so wrong—people don't believe it so.

It actually is more blatant than I expressed to you but as long as you agree w/me on the first two I feel so much better going ahead.

LAYWERS: so difficult to get one that will litigate. Settle? No problem. Plea bargain no problem.

Trying to find one in this area would be risky as if there is a buddy system here I might pull one and then I would have one of "them" .

I would always rather defend myself and lose than Trust a person who dumped me or double-crossed me.

Defense lawyers are compromised by the system. Judges know how to make them work harder or make it easier for them.

Defense lawyers who plea bargain when told are in and out.

Jharris, anyone who has the truth on their side should try the fight. It makes the corrupt system work hard to not look bad and they always make it worse. Though they still win.

Still, I am certain the extra effort to cheat plays on them.

Thanks again. No more Q's at this time!

 

[dmtrust]

Q: how can I submit a letter the Judge improperly was given

​

2. Improperly read

​

3. Improperly acted on

To the appellate Court?

Q: any citations for Calif.?

Though it is in the Court folder/file it is not "filed stamped" and the Court staff acts as though it is "junk mail" in the sense the contents are of matters not pertaining to the case and of little interest to the judge

Thanks In Advance for all replies!