The following blog post is a prime example of what these liars and thieves are capable of and how they attempt to manipulate the San Francisco Probate Court. Larry Siracusa, Commissioner Sue Kaplan, Bruce Feder, Brian McCaffery, Elizabeth Adler, Herb Thomas, Emilie Calhoun, Anne Marie Paolini-Mori and Charles K. Lewis truly are liars and thieves.
FACT ONE: Taken directly from the San Francisco Superior Court Website:
Hearing dates for all appearance matters are assigned by the filing clerk at the time the petition is filed.
Appearance Hearings for Probate Matters other than Appointment of Guardians and Conservators: Monday, Tuesday, and Wednesday 9:00 a.m. in Department 204. Order in which matters are heard:
- Petitions for confirmation of sale
- All other matters are called sequentially by case number, lowest case numbers first.
- 10:30 a.m. - appearances by telephone (through CourtCall, 1.888.882.6878)
Petitions for Appointment of Conservator are heard on: Thursday 9:00 a.m. - Department 204 (These matters require an appearance.)
Requests for Restraining Orders to Stop Elder and Dependent Adult Abuse are heard on: Wednesday 1:30 p.m. – Dept. 204 (These matters require an appearance.)
Ex Parte matters: Monday through Friday, 10:30 a.m. and 11:00 a.m. Room 202. To schedule Ex Parte matters, call 415.551.3650.
Law and Motion Calendar: Thursday 1:30 p.m. - Department 204. To schedule a motion, call 415.551.3702.
- A Notice of Hearing must accompany every petition, including amended petitions.
- Tentative Rulings are available one to three days before the hearing at 415.551.4000 or online at: Probate Tentative Rulings
- Pre-Granted Orders will be available in Room 103, Windows 24, 25, and 26 after 9:30 a.m. the day of the hearing.
FACT TWO: A Petition to Rescind the changes made to my Grandmother's Trust when she was legally incapacitated which is confirmed by her physican of 20 years as well as a doctor chosen by Larry Siracusa is currently scheduled to be heard by Judge Mary Wiss. This hearing is in the process of being rescheduled due to the death of my Grandmother. Tentative Hearing Date is May 10th.
SEVERAL FACTS THREE: I have asked for a jury trial. Judge Mary Wiss has scheduled a hearing regarding this matter for June 15, 2011. It is on the Probate Court Calendar. Brian McCaffery, who states on his website that 10% of his business is litigation was hired by Siracusa as the litigator in this case. On March 16, 2011, Judge Wiss allowed 90 days for discovery purposes. To date, Mr. McCaffery has not even noticed my deposition!!! Mr. McCaffery's primary business is that of ambulance chaser!
FACT FOUR: Commissioner Sue Kaplan is this group's go to person when they need ex-parte motions and back door petitions signed.
FACT FIVE: Commissioner Sue Kaplan ruled against me in August of 2009 without a hearing on the matter. There is a transcript of this hearing.
FACT SIX: Sue Kaplan sent this case to pro-bono mediation in September of 2009 and approved the mediation settlement that was a result of the October 19, 2009 mediation. THE CASE WAS DISMISSED!
FACT SEVEN: On April 19, 2011, the day of my Grandmother's death, paperwork was filed that states there is a hearing on May 26, 2011 at 3:00pm to number one, argue I have no right to a jury trial and number two, ask for the court's ruling on recision of the Trust documents.
SEVERAL FACTS EIGHT: This hearing on May 26, 2011 is scheduled outside of the court's published court schedule. The hearing is being heard by Commissioner Sue Kaplan. Sue Kaplan has not made a ruling on this case since November 2, 2009 when she approved the dismissal of the case that was submitted by Emilie Calhoun. The reasons for the hearing on May 26th were already scheduled to be heard by Judge Mary Wiss. I cannot download the documents that have been filed with the court. Judge Mary Wiss has been in control of this case, and as previously stated, is already scheduled to hear the petitions that have now been re-assigned to Commissioner Kaplan on a date and time that is not within the court's published schedule.
FACT NINE: From the San Francisco Superior Court Website:
14.10 Hearings Before Commissioner. The Commissioner may sit as a temporary judge (Judge Pro Tem) on stipulation of all parties litigant or their counsel. Should any party object to the Commissioner hearing the matter as Judge Pro Tem, the objection must be made at the time the matter is assigned or called for hearing. A failure to object shall be deemed a stipulation that the Commissioner may hear the matter as temporary judge.
My Opinion Based on the Facts:
Larry Siracusa and Brian McCaffery are attempting to circumvent Judge Wiss' authority and make a mockery of the San Francisco Probate Court. They have scheduled hearings, which are not available for public view, for matters already scheduled to be heard by Judge Wiss. There are dozens of published cases in San Francisco Probate Court records that establish a pattern of Commissioner Kaplan's approval of exparte motions and petitions outside the Court's published hearing schedule. Siracusa and friends are attempting to once again break the law!!!!!!!!! 
