.jpg)
Flickr/ Ann Althouse
This is part three of the full text of a Petition for Writ of Mandate to change the venue of a family law case from Los Angeles to San Diego. It is not written by a lawyer. The litigant is in pro per. It is a public document. The litigants' names and names of the children are disguised to provide privacy for the children.
It will be easier to understand if you read part one and part two first.
V. PROCEDURE AND DOCUMENTATION
On May 27, 2008 the petitioner filed a petition for writ of mandate to disqualify Commissioner Alan H. Friedenthal from case Super. Ct. No. PD016769, Ct of Appeal no. B208080. The petitioner claimed there was a reasonable belief the Court was biased against her, evidenced in the outrageous rulings of the Court. The first day Commissioner Friedenthal presided, July 12, 2007, the petitioner asked for drug intervention for her 17 year old son. The real party in interest had sole legal custody and refused to give permission for counseling from two different low cost programs. The Trial Court also refused treatment. The drug addicted son was eventually placed with the petitioner by the Delinquency Court in San Diego, after a thorough investigation, but the Trial Court still gave sole legal custody of the younger son to the paternal grandparents. The paternal grandparents admittedly had a strong influence in raising the drug addicted son, they had two grandchildren who had disappeared from their home, and their daughter Crystel Strelioff was charged with four counts of child abduction (for which she was later found guilty and is now incarcerated after a U.S. Marshall man-hunt located her and the missing grandchildren. According to the MySpace page of the 17 year old grandchild, he was placed in a mental institution after being recovered.)
There is no legal reason that the petitioner should be denied her right to raise her own child. She has never abused substances, she has no criminal record and she did an amazing job assisting in the recovery of the older son. Both children asked to live with the petitioner.
The petitioner was ordered monitored visits on December 21, 2007 because she hung missing children posters of the missing grandchildren. This is a violation of her right to free speech, as well as being sinister.
The Court of Appeals denied the petition summarily.
On January 21, 2009 Commissioner Friedenthal admitted on transcript that he was seeking out and reading information about the case and the petitioners opinions of the Commissioner and her investigative journalism into the Commissioners other illegal and unethical behavior. The Commissioner, practicing law from the bench, called the writing “defamation”. He was wrong in his opinion and had no jurisdiction over freedom of speech issues not related to the case.
About February 6, 2009 Commissioner Friedenthal was moved from Family Court to Traffic and Small Claims.
In a declaration of June 12, 2009 the real party in interest swore under penalty of perjury that he met Commissioner Friedenthal impromptu, without the presence of the petitioner and the Commissioner asked the real party in interest questions about the case. The two of them then wrote an order of January 21, 2009 that is materially different from the order on the transcript.
The real party in interest requested the recusal of the commissioner, not by motion or OSC, but on his declaration of June 12, 2009.
On June 30, 2009 Commissioner Friedenthal recused himself pursuant to Section 170.1(a)(6)(A)(i) of the Code of Civil Procedure. On June 25, 2009 Court Counsel Brett Bianco sent an email to Commissioner Alan Friedenthal suggesting the recusal and informing Commissioner Friedenthal “Judge Feffer is aware and understands that the matter will be returned to her.” On August 5, 2009 Mr. Bianco audited the hearing in Department 87, Judge Feffer’s courtroom. It is reasonable to believe, by Mr. Bianco’s actions and the orders that are being made by Judge Feffer which are inconsistent with orders she makes in her other cases that there is not a “fresh” judge in this case, and that Judge Feffer is not making her rulings independent of input from Commissioner Friedenthal and Presiding Family Law Judge Marjorie Steinberg.
Before the case was sent to Judge Feffer, it was sent to Judge Amy Pellman. The real party in interest disqualified her pursuant to CCP 170.6. It then was assigned to Judge Hank Goldberg. He recused himself. It then was assigned to Judge Rafael Ongeko. The petitioner recused him pursuant to CCP 170.6 because his clerk refused to notice a hearing she thought was on the petitioner’s motion. When the clerk found out the hearing was on the real party in interest’s motion, she sent out notice to all parties.
On August 5, 2009 the Court Reporter Anita Alderson gave petitioner a transcript of a hearing that was held in front of Judge Feffer on June 10, 2009. The transcript was not an accurate accounting of the mornings proceedings. The petitioner requested and the reporter sent her an amended transcript. The amended transcript is about 10 pages extra, but there appears to be additions and deletions in the amended transcript. The Court Reporter’s Board is investigating.
Because of the foregoing facts and because the petitioner is openly asking the Commission on Judicial Performance to discipline Commissioner Friedenthal, Judge Feffer and Judge Steinberg and the petitioner is asking for criminal charges to be filed against the three judicial officers, the petitioner has reason to believe she cannot have a fair trial in the County of Los Angeles.
Read the final part, the Prayer for Relief by clicking here.
Update September 3, 2009: The Court of Appeals denied summarily. Stay tuned.
Comments
Dear Laura Lynn:
I read your article and was dismayed that you were penalized so severly for just hanging missing person posters of your children whom you were unjustly alienated from. I wish that you would have contacted me so that we could have placed their pictures and bios on the back of our milk cartons. Best of Luck,
Bruce
Dear Bruce,
Maybe the situation was not clear. the missing children posters were of the two children abducted by my ex-sister-in-law, Crystel lynn Strelioff. She is sitting in jail now. She keeps postponing sentencing. Perhaps a deal is in the works.
There is plenty of evidence in the telephone records and emails between her family and the corrupt court and collaterals. Now, figure it out oh funny one, the U.S. Marshall found Crystel on May 6, 2009. Perhaps the lead I generated for them helped. But, do you think, maybe, just maybe they have other sources.
Here are just a few suggestions of posabilities: Ken Sherman, Linda Grillo, Friedenthal himself, Steff Padilla the disgruntled wife, Helen Lynn who let Crystel take the fall for abducting Mac and Lynn, Jackie Lynn, Lisa Hacker, William Spillar, Marjorie Steinberg, Judge Elizabeth Feffer, Joanne Feigin, Kim Brown, Tim Lynn, the children...
Just a few of the people who know something about the dirty little secret.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!