State orders audit of Marin family court

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courtwatch Mill Valley, CA	Reply » \| Report Abuse \| Judge it! \| #263 Aug 13, 2009 to_courtwatch wrote: courtwatch: I don't understand why you won't answer this: I'm still wondering.... Was Mediator X the same mediator assigned to evaluate the same case on previous occasions? Or was this the first time Mediator X was assigned to this case? I gave you a hypothetical. No extra facts to consider. Just those stated in the hypothetical. Two facts, one question. You know, sort of like on a test, with a word problem. How about an answer?
GMC Oakland, CA	Reply » \| Report Abuse \| Judge it! \| #264 Aug 13, 2009 courtwatch wrote: <quoted text> I gave you a hypothetical. No extra facts to consider. Just those stated in the hypothetical. Two facts, one question. You know, sort of like on a test, with a word problem. How about an answer? Court Watch: I gave you an answer. I think that a failure to follow every single provision of the California Rules of Court, or follow the law, as you put it, is irrelevant unless we know all of the facts. But, given the way you describe the situation, yes, the mediator did not follow the law. Now, what about my question?
to courtwatch Sausalito, CA	Reply » \| Report Abuse \| Judge it! \| #265 Aug 13, 2009 courtwatch wrote: <quoted text> I gave you a hypothetical. No extra facts to consider. Just those stated in the hypothetical. Two facts, one question. You know, sort of like on a test, with a word problem. How about an answer? You and your smug little responses are indicative of the fact that you like to present only evidence you find to be relevant and which serves your purpose; inconveniently parallel to your efforts to crucify a mediator for allegedly using the same type of selective thinking and processes. Hypocrite.
courtwatch Mill Valley, CA	Reply » \| Report Abuse \| Judge it! \| #266 Aug 13, 2009 GMC wrote: <quoted text> Court Watch: I gave you an answer. I think that a failure to follow every single provision of the California Rules of Court, or follow the law, as you put it, is irrelevant unless we know all of the facts. But, given the way you describe the situation, yes, the mediator did not follow the law. Now, what about my question? Fair enough. Thank you for answering my question. I will answer your question in a subsequent post.
courtwatch Mill Valley, CA	Reply » \| Report Abuse \| Judge it! \| #267 Aug 13, 2009 GMC wrote: Frankly, I really don't know the details of CRC 5.210 and 5.215, but I assume that they set forth the rules and responsiblities of a court mediator. For the purposes of this exercise, I will accept that the mediator you guys are referring to did not follow most of the rules of court, and maybe she did not follow any of them. So what? We don't know the facts of the case. Here is my hypothetical: Mom thinks that Dad is physically abusive with their 10 year old daughter. He spanks her and has used a belt on her buttocks. She files a motion to take custody away from him. Dad files a response and says that corporal punishment is part of his family and religous traditions. He also says it was not a big deal, I didn't hurt her at all. It was just a joke. The mediator talks to the kid and she confirms that dad has whipped her with a leather belt many times and she's really scared of him. The mediator recommends that dad lose custody. Dad's really agressive attorney cross examines the mediator and it turns out that she didn't read Dad's pleadings. In fact, she only listened to mom and the kid. Did the mediator follow the law? I must assume this mediator was faced with an emergency situation, and did not have time to investigate or read the custody file, because she clearly did not comply with CA Rule of Court 5.210 and 5.215, by reading the court file, and both parents' pleadings--or perhaps even most of CA laws and rules of procedure (which you appear to concede). But, given the extreme nature of the allegations of physical abuse, I must also assume that the family court mediator (who by law is a trained psychologist) has complied with the mandated reporter laws (CA Penal Code section 11164-11174.3.) These laws are so very important. So, in answer to your question--no, if the mediator did not read the father's declaration, she did not follow CA Rule of Court 5.210 and 5.215. But, if this was because she really had no time to investigate, and she reported the abuse as required by CA Penal Code section 11164-11174.3. so law enforcement and CPS could investigate, and in the interim submitted an emergency custody recommendation, she was arguably trying her best to comply with the law.
John Olagues New Orleans, LA	Reply » \| Report Abuse \| Judge it! \| #268 Aug 14, 2009 Concerned wrote: JO - are these all of your cases? Have any of them been successful (or have made it past the pleading stage)? http://www.websupp.org/data/NDCA/3:07-cv-0391... http://www.ca5.uscourts.gov/opinions/unpub/07... March 18, 2009 Olagues v. Klien et al LA Eastern Barbier Other Civil Rights Federal Question Plaintiff: John Olagues; Defendant: Steven Klien, Peggy Tranchina, Joseph McMahon, David Wolff, David W Walker and others... October 1, 2007 Olagues v. Turner et al LA Eastern Fallon Other Civil Rights Civil Rights Act Plaintiff: John Olagues; Defendant: Kim Turner, James Bernazzani August 30, 2007 Olagues v. Kousharian et al LA Eastern Feldman Other Statutory Actions Cause Code Unknown Plaintiff: John Olagues; Defendant: Leon Kousharian, Patricia Stafford, Christopher Pool, Joseph McMahon, Jason Mitchell and others... June 12, 2007 Olagues v. Foti LA Eastern Lemmon General Petition for Writ of Habeas Corpus (State) Plaintiff: John Olagues; Defendant: Charles C. Foti, Jr.Respondent: Attorney General State of Louisiana May 3, 2007 Olagues v. Hundley et al LA Eastern Lemmon Other Civil Rights Declaratory Judgement Plaintiff: John Olagues; Defendant: Mimi Hundley, Peggy Tranchina, Unidentified Parties March 21, 2007 Olagues v. Schwarzenegger LA Eastern Lemmon Other Civil Rights Declaratory Judgement Plaintiff: John Olagues; Defendant: Arnold Schwarzenegger May 25, 2005 Olagues v. Stafford, et al LA Eastern Duval Other Civil Rights Civil Rights Act January 22, 2004 Olagues v. Jensen, et al LA Eastern Duval Other Statutory Actions Fed. Question Dear "Concerned"; Yes those are cases where I tried to get address of my grievances as I have a right to do. None were decided on the merits, most were duplications of transfers of the cases from Louisiana to California and from State court to Federal Courts as defendants filed motions to change venues. In none was there presented evidence that prove what I have said here previously is incorrect. But I would like to ask you a question. What is your name and the nature of your game. Have you spoken to the DA about this? Have you any proof that any of my claims are false or exaggerated. If so please advance that proof. JO
GMC Los Altos, CA	Reply » \| Report Abuse \| Judge it! \| #269 Aug 14, 2009 courtwatch wrote: <quoted text> I must assume this mediator was faced with an emergency situation, and did not have time to investigate or read the custody file, because she clearly did not comply with CA Rule of Court 5.210 and 5.215, by reading the court file, and both parents' pleadings--or perhaps even most of CA laws and rules of procedure (which you appear to concede). But, given the extreme nature of the allegations of physical abuse, I must also assume that the family court mediator (who by law is a trained psychologist) has complied with the mandated reporter laws (CA Penal Code section 11164-11174.3.) These laws are so very important. So, in answer to your question--no, if the mediator did not read the father's declaration, she did not follow CA Rule of Court 5.210 and 5.215. But, if this was because she really had no time to investigate, and she reported the abuse as required by CA Penal Code section 11164-11174.3. so law enforcement and CPS could investigate, and in the interim submitted an emergency custody recommendation, she was arguably trying her best to comply with the law. OK, let's assume the mediator had plenty of time to review everything carefully, but didn't because she was lazy, or inept, and, as you said she did not follow the law. She just talked to the kid who reinforced everything the mom said. Should the order taking custody away from dad be overturned?
GMC Los Altos, CA	Reply » \| Report Abuse \| Judge it! \| #270 Aug 14, 2009 John Olagues wrote: <quoted text> Dear "Concerned"; Yes those are cases where I tried to get address of my grievances as I have a right to do. None were decided on the merits, most were duplications of transfers of the cases from Louisiana to California and from State court to Federal Courts as defendants filed motions to change venues. In none was there presented evidence that prove what I have said here previously is incorrect. But I would like to ask you a question. What is your name and the nature of your game. Have you spoken to the DA about this? Have you any proof that any of my claims are false or exaggerated. If so please advance that proof. JO It's amazing. As soon as you question something on this forum they want to know your name and assume that you are connected to the alleged bad guys. I wonder why?

John Olagues New Orleans, LA	Reply » \| Report Abuse \| Judge it! \| #271 Aug 14, 2009 GMC I did not ask your name. I asked "Concerned" what his or her name was. Maybe you and "concerned" are one and the same and you slipped. Can't really tell who is who. JO
GMC Oakland, CA	Reply » \| Report Abuse \| Judge it! \| #272 Aug 14, 2009 John Olagues wrote: GMC I did not ask your name. I asked "Concerned" what his or her name was. Maybe you and "concerned" are one and the same and you slipped. Can't really tell who is who. JO That's true. You didn't, but others did. I am not "concerned" but he or she seems to be pretty sensible. I also looked at you You Tube video, and although it was a little difficult to follow, it appears to me that you got some pretty bad legal advice. You might want to address your anger against your attorney instead of the DA, the Judges, the Governor, etc. I have a suspicion that many other posters on this forum also received lousy legal advice, but can't say for certain without knowing more. I encourage everyone to watch Mr. Olagues' You Tube video. It's very interesting. I also encourage all of you protesters to put up your own You Tube stories so that we can learn more about your individual cases.
John Olagues New Orleans, LA	Reply » \| Report Abuse \| Judge it! \| #273 Aug 15, 2009 Thanks for your support GMC. I am glad you viewed the videos. The focus of the first videos is that California clearly defined law, laid out in 9th Circuit cases and the U.S. Supreme Court says that a father's children can not be removed w/o notice and hearing prior. The form order that Judge Adams signed requires notice and an opportunity to be hear. In fact it says I had notice and an opportunity to be heard. Exparte proceedings by definition are not notice and an opportunity to be heard. So they seized my children in Louisiana via an exparte proceeding which itself was vacated and set aside 10 days later by Judge Smith because Judge Adams had no jurisdiction to issue the order. There was a ex parte proceeding in Louisiana also. It can not get any clearer that there was never notice and hearing before or after the seizure. Did they do that? Yes they did. Is it a crime? Yes it is. Have they been prosecuted. No they haven't. The question then is why? All I am trying to do is get some justice and fairness for my children who are suffering because of what was done to their father. Where do you think my lawyer erred? JO
GMC Oakland, CA	Reply » \| Report Abuse \| Judge it! \| #274 Aug 16, 2009 Mr. Olagues: I can't give you legal advice, but when there are so many unsucessful appeals, you have to think that maybe something was done wrong. State and Federal courts of appeal are pretty much removed from everything and I think that most attorneys would say that they are fair.
John Olagues New Orleans, LA	Reply » \| Report Abuse \| Judge it! \| #275 Aug 18, 2009 GMC: I offered to quit this forum if you or anyone else produced any proof that I am incorrect or exaggerating about any of my claims that crimes were committed against me and my children by people that disgraced that fine building at 3501 Civic Center drive. I haven't even seen an attempt. Can't you find even one document that shows I am wrong. John
Concerned Novato, CA	Reply » \| Report Abuse \| Judge it! \| #276 Aug 18, 2009 John Olagues wrote: GMC: I offered to quit this forum if you or anyone else produced any proof that I am incorrect or exaggerating about any of my claims that crimes were committed against me and my children by people that disgraced that fine building at 3501 Civic Center drive. I haven't even seen an attempt. Can't you find even one document that shows I am wrong. John I think the extent of your numerous suits show your inability to make a cogent legal or factual argument that will either be taken up by a court or a competent attorney. As for finding you a "document that shows I am wrong", I think the posting listing all of your failed suits speaks for itself. I have no desire to prove you wrong at all, but I refuse to stand by when baseless accusations are flung around lambasting the entire legal establishment.
Concerned Novato, CA	Reply » \| Report Abuse \| Judge it! \| #277 Aug 18, 2009 John Olagues wrote: GMC I did not ask your name. I asked "Concerned" what his or her name was. Maybe you and "concerned" are one and the same and you slipped. Can't really tell who is who. JO Though I certainly align more with GMC's viewpoint, I am not GMC, but, thanks.
Concerned Novato, CA	Reply » \| Report Abuse \| Judge it! \| #278 Aug 18, 2009 John Olagues wrote: GMC: I offered to quit this forum if you or anyone else produced any proof that I am incorrect or exaggerating about any of my claims that crimes were committed against me and my children by people that disgraced that fine building at 3501 Civic Center drive. I haven't even seen an attempt. Can't you find even one document that shows I am wrong. John And let's just be clear. You are not going to quit the forum, nor given your beliefs, should you. I sincerely hope that you find the right kind of help you need, and if you need any direction to a non-profit legal aid org, please let the forum know. I would think Courtwatch's organization would look into a case like yours, wouldn't it? Courtwatch, can you help John?
to_concerned San Francisco, CA	Reply » \| Report Abuse \| Judge it! \| #279 Aug 18, 2009 Concerned wrote: <quoted text> And let's just be clear. You are not going to quit the forum, nor given your beliefs, should you. I sincerely hope that you find the right kind of help you need, and if you need any direction to a non-profit legal aid org, please let the forum know. I would think Courtwatch's organization would look into a case like yours, wouldn't it? Courtwatch, can you help John? I'm guessing Courtwatches' organization wouldn't touch that case with a ten foot pole, either. Not in the court room, anyway, but it certainly in their "documentary".
John Olagues New Orleans, LA	Reply » \| Report Abuse \| Judge it! \| #280 Aug 18, 2009 Concerned wrote: <quoted text> And let's just be clear. You are not going to quit the forum, nor given your beliefs, should you. I sincerely hope that you find the right kind of help you need, and if you need any direction to a non-profit legal aid org, please let the forum know. I would think Courtwatch's organization would look into a case like yours, wouldn't it? Courtwatch, can you help John? Dear Concerned: Let me ask you a few simple non trick questions. If an investigator and the DDA claim under the penalty of perjury that one parent has sole custody, while attaching a valid order which says that both parents have equal joint custody and another order says that the joint custody order will not change. What is the claim by the DDA and his investigator called? If the DDA and his investigator claim under penalty of perjury that a parent has unlawfully removed his children from California, then later when forced in court to produce the prohibition against taking them from California, he states that there was "no prohibition",.... "the order doesn't says anything about taking them from California". what is that called? JO
State Audit San Francisco, CA	Reply » \| Report Abuse \| Judge it! \| #281 Aug 18, 2009 Dear Mr. John Olagues and concerned citizens, Please prepare for State Audit! http://www.bsa.ca.gov/pdfs/analyses/2009-109.... Judge Peter McBrien has a long and checkered career in Sacramento County, California. He pled down a felony to a misdemeanor in 2000. His crime was that he destroyed ancient oaks on a nature preserve to improve his view. He paid $20,000 restitution and received a public admonishment from the Commissioner on Judicial Performance. He was then rewarded at every turn for embrarassing himself, the judiciary, and Sacramento County by his criminal behavior. He was subsequently found 20 guilty of judicial misconduct in 2009 by the Commission's Special Masters after he walked out of a trial in the middle of witness testimony, and became embroiled in the case to the extent that he acted outside his judicial bounds to ruin one of the litigants. Judge Peter McBrien's temper tantrums in court, his snide, cruel remarks that verge on the sadistic, his erratic, nasty demeanor, and the fear felt by litigants of being a mouse being played with by a dangerous cat in court. Similar to Judge Verna Adams misconduct, judicial retalitation, made up non-existing order, and her violation of state law: Code Civ. Proc. Section 170.1(a)(6)(A)(iii), 170.1(a)(6)(B) and 170.3(c)(5). It is time to remove problematic judges who disgrace to the community from Family Court.
GMC Oakland, CA	Reply » \| Report Abuse \| Judge it! \| #282 Aug 18, 2009 State Audit wrote: Dear Mr. John Olagues and concerned citizens, Please prepare for State Audit! http://www.bsa.ca.gov/pdfs/analyses/2009-109.... Judge Peter McBrien has a long and checkered career in Sacramento County, California. He pled down a felony to a misdemeanor in 2000. His crime was that he destroyed ancient oaks on a nature preserve to improve his view. He paid $20,000 restitution and received a public admonishment from the Commissioner on Judicial Performance. He was then rewarded at every turn for embrarassing himself, the judiciary, and Sacramento County by his criminal behavior. He was subsequently found 20 guilty of judicial misconduct in 2009 by the Commission's Special Masters after he walked out of a trial in the middle of witness testimony, and became embroiled in the case to the extent that he acted outside his judicial bounds to ruin one of the litigants. Judge Peter McBrien's temper tantrums in court, his snide, cruel remarks that verge on the sadistic, his erratic, nasty demeanor, and the fear felt by litigants of being a mouse being played with by a dangerous cat in court. Similar to Judge Verna Adams misconduct, judicial retalitation, made up non-existing order, and her violation of state law: Code Civ. Proc. Section 170.1(a)(6)(A)(iii), 170.1(a)(6)(B) and 170.3(c)(5). It is time to remove problematic judges who disgrace to the community from Family Court. What does a Sacramento Judge have to do with the Marin family court? Just wondering. Anyway, thank you for posting that link. I was wondering exactly what the audit was all about and now I have a better understanding. It looks like they are going to be examining the court appointees, which is probably a good thing, although I am not sure who they are talking about. However, it doesn't look like they're going to be looking at judges at all.
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