Thursday, October 29, 2009

The Spirit of LA - we are very laid back and flexible...

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Requesting comments on DRAFT request for appointment of a Special Counsel for the LA Justice System, which we allege is under the grip of a racket.

The LA Justice System now appears to be facing a crisis again, embodied in the false jailing of Atty Richard Fine - since March 4, 2009, in solitary confinement. Direct communications with the office of the LA County Sheriff failed to gain agreement of the office to allow what is guarateed by law - access to the Arrest and Booking records of Atty Richard Fine, to inspect and to copy. The Office of the Sheriff now refuses to answer the questions: Who arrested Richard Fine, when and where, and Who booked Richard Fine, when and where.

It is not by chance that such access is denied, since there are no papers at all to support that arrest and booking, and the data that was listed in the Sheriff's information system online was obviously false. It listed the Arrest and Booking in San Pedro. The Arrest took place in the Court of Judge Yaffe, in downtown LA, There were media present, since it was anticipated, and it was widely reported. The Booking in San Pedro never made sense, and the Sheriff Station there, denied that it ever happened. Furthermore, it was listed in Municipal Department 86 in San Pedro, where no such department existed, The non-existent location and booking agency fit well with the papers - since the standard procedures of the Sheriff was that Booking paper were stored with the booking agency.

The Sheriff was not alone though in denying access to records.. In LA County, for the past 25 years, both civil and criminal litigations were conducted with no access to the dockets (Registers of actions) and often also with no access to the minute orders... Flying blind...

As one well known office in LA explained - Representation by Counsel was an art, not a science, and therefore, all these papers did not make any difference... It all depended on the rapport of the Counsel with the court.

There was no doubt that such was and is indeed the case in LA County.

It was not only the Registers of Actions and the Minute Orders... In the past few weeks, the Presiding Judge of the Court was requested to finally disclose what the Local Rules of Court were in re: Entry of Judgment. So far the Presiding Judge has refused to provide the answer. The published Rules of Court were clearly false for the past 25 years - since the published Local Rules of Court stated that it required entry in the Book of Judgment - just as the California code required. However, the LA County had no Book of Judgments for the past 25 years. It also had no Rules of Court for Entry of Judgment for the past 25 years...

So, how do you determine the date of Entry of Judgment?

The clerks in the County Archive - Hall of Records - Judgments Room - indeed admitted that it was a tricky business, and you never knew for sure. Also - entered judgments were supposed to be backed up in microfilm... But if you judged by the microfilm backups, then hardly any judgments were ever entered in Los Angeles County California. Except for the family courts, which appeared to faithfully and orderly enter their judgments with notice of entry of judgments, etc.

However, appeals must be noticed within 60 days from Date of Entry of Judgment by California Law .... Well - the California Court of Appeals, 2nd District did not even have a field in its online Dockets for storing such data.

So how did the Court of Appeal, 2nd District determine such date?

It appeared that the court was flexible on this question... After all the same Court of Appeals also allowed, at least in one case, a Notice of Appeal from nothing - no order or judgment were listed as originating such Notice of Appeal, but it passed through review of the pre-docket clerk of that court. and was listed in the docket... In another case, 2 judgments were listed in the same case, and three appeals, although both of the first appeals were denied, the third was dropped by the appellant.

In Los Angeles County, California, we are also flexible on the question who is the judge in a case.... Judges preside with no assignment order in good number of cases. In a landmark case - Sturgeon v LA County - which hold the future prospect of any honest court services in LA for years to come, JUSTICE JAMES A RICHMAN, from the California Court of Appeals, First District, San Francisco presumably runs the show... but what is he? He routinely signed as "Sitting as Judge by Assignment".... The court routinely recorded him as "Not by assignment - by reference", and Plaintiff, represented by Judicial Watch, recently in a notice of appeal defined him as presiding "by Designation.".. No order supporting the authority of the Honorable Richman could be found on file... Go Figure,,, Fly Blind...

One must recall that in Los Angeles, California, we are also flexible on what is a court case, in the first place...
The Court has been denying public access to its Index of All Cases for the past 25 years. Instead it posted online some query engine, posted with a Disclaimer - that it should not be relied upon. Indeed a few months ago, when journalists searched for the case of movie star Sharon Stone, it turned out that it never appeared there at all. Moreover, we have a good number of cases, that appear there, but the Clerk of the Court refuses to certify as cases of the court....

A phone call request for observers by Attorneys without Borders, based in Connecticut, was denied. They said they operated only outside the U.S. I'd say for legal purposes, we were outside the U.S. We would like to be in again...

With all that in mind, and with attorney Richard Fine in solitary confinement for over half a year, off the inmate count, off the record, please review the request below. Any comments would be greatly appreciated.

Final notice: The writer is not an attorney, not even by a long shot, but the fact that no attorney in LA would dare say a word on the subjects listed above is alarming as well.

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