Thursday, December 26, 2024

Won my First Appeal; Trial Judge Should've Recused Himself

 

I won my first appeal on November 21, 2024. It's a long time coming. This is my father's case. If you've been following, I prevailed in an elder abuse restraining against the step-lady in my father's life, Yun Ja Kim. She retaliated and filed a conservatorship against my brother and me. 

I had my worst trial court experience ever. I knew something was wrong at the hearing. The first thing that happened was that there was a substitute judge named William Barry. The court didn't send me notice. The court appointed counsel, William C. Price hasn't been sending me any service copies of the documents he filed in court. I found the whole thing strange.

In California - within time limits - everyone has the right to recuse one judge. So, I orally disqualified him. Barry said that I couldn't do this. I told Barry that I would email him the recusal documents, or we should continue the hearing until 1:30, so I could come to court to file it. Barry still refused. (Barry was actually reversed by the Court of Appeal before, because he blocked a litigant from blocking him or her from filing paper work.)

Barry then ordered sanctions against me and later told me I had to self-report to the bar. (See; I knew something was wrong.) When I tried to dispute what he was doing, Barry muted me; so I couldn't make my record. His last words to me was that I was disruptive and unprofessional.

Anyways, I appealed him and the appellate court said I was right. The first recusal is the first one presented to the court, in this case, my oral recusal challenge. The second ruling the court held was that an oral peremptory challenge is valid.

You know what was weird after that? I got a notice from Los Angeles Superior Court that Judge Barry would no longer be coming back to the bench.

Anyways, I reported Barry to Judicial Performance (which is the agency that oversees judges). Judicial Performance wrote to me and said I should check with Judicial Council to see if he was even authorized to sit on the bench during this hearing. In other words, Barry might not have even been permitted to hear this case.

Anyways, I've been finding at least two of these conservatorship judges, Judge Barry and Judge Jonathan L. Rosenbloom, to engage in unjustified amounts of arbitrariness. The Epoch Times has written its first piece on the abuses of the conservatorship processes. 

I wrote an opinion on what I believe to be the unconstitutionality of the conservatorship process. You can read it on Cerritos News, titled: "California State Legislature Needs To Enact Laws That Require a Probable Cause Determination In Conservatorship Hearings".

The other appeal I came close to winning was against the City of Baldwin Park. I argued that the City was illegally indemnifying Manuel Carrillo, the Director of Parks and Recreation, by providing him an attorney, when Carrillo was being sued for non-city activity and instead for illegally running the City's sham alter-ego nonprofit.  Carrillo was taking thousands of dollars in funds and then laundering them into gift cards that he can't account for.

After the nonprofit was dissolved, the City started up another nonprofit, called the Baldwin Park Charitable Relief Foundation. The officers are the same directors of the City of Baldwin Park: Director of Parks and Recreation, Manuel Carrillo; City Manager, Enrique Zaldivar; and Finance Director, Rose Tam.

I didn't win that in appeal in 2016, but you can read the opinion here. (It was a close call.)

 Incidentally, the law firm representing Carrillo on appeal appears to be under FBI investigation right now for a bribery scheme that involved the granting of marijuana distribution licenses. The firm is Albright, Yee & Schmit, and Cristeta Paguirigan-Summer, a disbarred attorney who works for Albright, was a consultant representing the Jade Effect, a marijuana company. 

Cristeta was an avid donor to state Senator, Susan Rubio. Cristeta was previously disbarred for forgery.

The Carrillo-appeal was my first appeal. I appeared in front of Norman Epstein. I have nothing but the greatest respect for him. Funny that my trial mentor also appeared in front of him, when he was a litigator.

To end, I recall Ulysses S. Grant's quote: "Man proposes and God disposes."

Wednesday, December 18, 2024

My Opinion Was Published in Cerritos News - California State Legislature Needs To Enact Laws That Require a Probable Cause Determination In Conservatorship Hearings

(C) Reuters
Imagine that people from a cultish church show up to kidnap your father. You call the police on them. Then you find out that your father’s confidential wife also smuggled in opiates into the rehab center, to convince your father to leave the place. Then you find out that while your father had dementia and was being drugged on opiates the whole time, the confidential wife deeded herself all of his real properties, worth over $2 million, and was trying to conceal all this and take control over your father again to get away with her scheme and flee with the money.

. . .

  Read more on Los Cerritos News here.

Sunday, December 8, 2024

Breaking News: Former City Attorney, Robert Tafoya, Admits to Bribing California State Senator, Susan Rubio, to Promote Her Senate Election.

According to a plea agreement with the Department of Justice entered into with Robert Tafoya, former City Attorney of Baldwin Park, Tafoya bribed California State Senator, Susan Rubio with approximately $230,000 in money received from marijuana kickbacks. The Legal Lens has identified that Person 20, which the plea agreement describes as, "public official", as Rubio. In this agreement, Tafoya admitted that he was the architect of a complex marijuana scheme, in which people would pay Baldwin Park City public officials to vote for their licenses, if they provided $240,000 to him and other city officials, like former Council Member, Ricardo Pacheco.

According to it, "In or around 2017 or 2018," Susan Rubio, "approached defendant and asked him to solicit a bribe payment from company seeking a marijuana permit in the City using the same intermediary scheme utilized by Pacheco."

Tafoya then selected a close friend or relative to launder the money for him; with the purpose of Susan Rubio receiving $200,000, while $40,000 would be kept by the money launderer, who used the title, "consultant".

When the marijuana operator started backing down from the deal, Rubio and Tafoya met with him or her to reassure them that a permit would be received for the price of $240,000. Tafoya became concerned that the marijuana operator might report the two of them to law enforcement. So, he threatened that if they didn't pay, the deal was off.

Rubio started running for State elected office from 2017 to the end of 2018. "To raise campaign funds, [Rubio] asked [Tafoya] on two occasions to provide [her] $15,000 in cash that [Rubio] could then funnel to other individuals to make conduit contributions to [her] campaign. [Rubio] wanted these small donations to demonstrate to other donors [her] broad support amongst the community. 

"[Tafoya] agreed on both occasions to provide the cash because he believed [Rubio] could remove defendant as [Baldwin Park] City Attorney and understood that [Rubio] would provide [Tafoya] additional work if [she] were elected to State office.

"In or around October 2017, while in the primary for [Rubio's] election, [Rubio] first asked defendant for $15,000 in cash. [Tafoya] agreed to provide it and then withdrew $15,000 from the Tafoya & Garcia, LLP account at Wells Fargo in four transactions between October 25, 2017 and October 26, 2017. Defendant then met with [Rubio] and provided [her] the $15,000 in cash in an envelope.

"After [Rubio] won [her] primary in June 2018, [Rubio] once more solicited $15,000 in cash from defendant in order to further engage in the conduit contribution scheme described above. 

"[Tafoya] agreed but, before providing the money, wanted assurances from [Rubio] that [she] would take care of [him], protect [Tafoya's] job as the City Attorney, and assist defendant financially or professionally in [her] official capacity if [she] obtained State elected office.

"[Rubio] agreed, and [Tafoya] withdrew $15,000 in cash, which he provided to [Rubio]".

The DOJ has unsealed Tafoya's plea agreement, in which he pleaded guilty to bribery and tax evasion, owing the IRS $675,000, accruing since 2007. Rubio was a former city council member of Baldwin Park and allegedly and originally from the City of Bell.

Activists, employees, business owners, citizens, civil rights attorneys and academics, and the Department of Justice, have been tirelessly exposing the rampant, open, and brazen corruption of Baldwin Park's officials and administrators. Greg S. Tuttle, small business owner in Baldwin Park, first blew the whistle in 2007, when former Mayor Manuel Lozano, Council Member Monica Garcia, and Council Member Ricardo Pacheco tried to steal his business by eminent domain. More to be exposed.

Mugshot of Robert Tafoya,
Looking like he's high on drugs.


Alleged mugshot of Susan Rubio