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#1
11-05-2009, 10:23 PM
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Judicial misconduct?JUDICIAL MISCONDUCT? CALIFORNIA At a hearing of the FINAL ACCOUNTING the judge simply announced he would accept the account. We had not discussed it and so I said we should. The Judge asked if I had any objections and I said I did. I mentioned a few and then offered to suspend my objections if the opposing side would accept. The judge instead rescheduled the hearing for 30 days for me to put my objections in writing. The Judge didn’t even ask the opposing side if they would accept the offer. And the opposing side didn’t mutter a word. He told the attorney for the Trustee to file a petition . Q1: what was wrong with stating an objection if I didn’t have it in writing? Q2: was the Judge wrong to stop the hearing and re-schedule it? Q3: shouldn’t the Judge ask if the opposing side accepted the deal? Q3: can I file a 170.6 to change Judge’s? Q4: why would the opposing side need to file a petition? Or do they file an answer to my objections? ----------- rescheduling for 30 days is a hardship for me, as I live out of state. I feel the Judge is being unnecessarily tough on me and this adds more costs to the account.What is the name of your state (only U.S. law)? |
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#2
11-05-2009, 10:35 PM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#3
11-06-2009, 12:56 PM
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| Thanks for your reply. ------------------- The Trustee’s attorney told the Court additional charges had developed and wanted them paid. Though the attorney did email me of additional charges, the negotiation changed repeatedly. At the hearing, when the attorney said he wanted additional charges, Q1: how was I supposed to submit a written objection if the attorney hadn't given me a written request? Q2: how was the judge supposed to rule on additional charges if none had been submitted in writing to the Court? Thank You In Advance for all replies! |
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#4
11-12-2009, 01:55 PM
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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? Calif Rules of Court 3.1207 Q4: can I force the reinstatement of my appointment, if so by which method (appeal, etc.)? Thank You In Advance for all replies! Last edited by stockton; 11-12-2009 at 02:05 PM. Reason: placed citation to proper question |
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#5
11-12-2009, 05:54 PM
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| Q: Does the opposing party lose his right to object to the ruling of a hearing if he failed to appear at that hearing? Thank You In Advance for all the replies! |
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#6
11-13-2009, 11:18 PM
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| 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! |
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