Caridad - Owen and Caridad

another excerpt from...

The Sad Saga of Elder Abuse:

Prevalence Far Greater Than Perception
by Albert Samaha
examiner.com

"Caridad Vallangca remains in the shadows, though, immersed in the harsh realities. In one sense she is fortunate-- she is 88 years old and deeply in love. But the man in her heart sits dozens of blocks and a restraining order away, ripped from her by, to her mind, the merciless teeth of greed and injustice. “The pain is there constantly,” she says with sad eyes, “Morning, day and night. It hurts in my chest.”

Continue reading on Examiner.com The sad saga of elder abuse: prevalence far greater than perception - New York urban policy | Examiner.com http://www.examiner.com/urban-policy-in-new-york/the-sad-saga-of-elder-abuse-prevalence-far-greater-than-perception#ixzz1QJ4lzsQp

Divorce - Owen and Caridad

the following excerpt is from...

The Sad Saga of Elder Abuse:

Prevalence Far Greater Than Perceptionby Albert Samaha
examiner.com

Owen and Caridad

"After a short outing on July 21 2008, Vallangca returned to the home she shared with Walsh. She was shocked and confused to find a police officer waiting for her to serve her a temporary restraining order and a petition for divorce, signed by Walsh’s conservator, Elizabeth Adler. Three years earlier, after he was diagnosed with Alzeimer’s, Walsh’s children, citing that his disease had rendered him incapable of fully handling his own power of attorney, had hired the conservator, giving her full power of attorney. Vallangca was given five minutes to gather her belongings and vacate her home. She has not seen Walsh since."

Well, the temporary order turned into a ten year
restraining order and the divorce became final.

Thanks to Liz Adler Caridad never saw Owen again.

 Owen J. Walsh died on May 18, 2011

Caridad received a call on May 19, 2011 to advise her of Owen's passing but she was not able to receive any details of the circumstances surrounding his death.  She has since learned that he did not die in San Francisco and that he may have died in Vallejo.

VALLEJO?  Wjhy was he moved from his home, why was he moved from his beloved San Francisco?

  

Continue reading on Examiner.com...  
The sad saga of elder abuse: prevalence far greater than perception - New York urban policy | Examiner.com http://www.examiner.com/urban-policy-in-new-york/the-sad-saga-of-elder-abuse-prevalence-far-greater-than-perception#ixzz1QIzR0HwJ

SF Probate Court - Owen and Caridad

San Francisco Probate Court

PCN-04-286463

July 3, 2008:  Exparte order waiving notice and to file documents in confidential file.  Filed by Elizabeth Adler.

September 3, 2008: Probate exparte application for order waiving notice to conservatees spouse and to file documents in confidential file.  Filed by Elizabeth Adler. 

January 16, 2009:  Probate exparte order application for order waiving notice to Caridad Vallangca Walsh and to file documents in confidential file.  Filed by Elizabeth Adler.

Why all the secrecy?  Why was Mrs. Walsh intentionally kept in the dark by means of exparte orders waiving notice and confidential files?

 

As I searched the San Francisco Superior Court database for information regarding Caridad Vallangca Walsh, I found the following:

There are no cases for Caridad

 Vallangca Walsh available for public view.

What about the 10 year restraining order Ms. Adler orchestrated prohibiting Mr. and Mrs. Walsh from ever seeing one another again?  Why isn't it available

for public view?

Below is an excerpt from an article found on examiner.com written by Albert Samaha...

"Throughout this volley of depositions, one person’s perspective remained noticeably absent. That of Owen Walsh. Adler’s legal team argued that Walsh was not competent enough to testify, that it would be damaging to his health. This, of course, seems wildly counterintuitive. Why, wondered Vallangca, waste hours and hours in legal battles (and thousands of dollars in legal fees) when the entire case would be satisfied by Walsh simply telling a judge that he does want a divorce?"

The Conservator's Handbook published by the California Superior Court states that a "Conservatee has the right to marry."

Shouldn't the Conservatee also have the right to STAY MARRIED???

TO BE CONTINUED...

Did You Know?

Declarations are commonly used in court proceedings.  Basically, a person makes a statement and signs it.

Let me tell you about some of the Declarations used in my case.

1.  My Grandmother's Declaration was FORGED.  This has been confirmed by two independent forensic handwriting specialists one of which works for the SFPD.

2.  My Mother's Declaration was changed.  Emilie Calhoun took the signature page and attached it to a Declaration that my Mother never saw containing things she never said.

3.  Charles Lewis' Declaration is filled with lie after lie many of which I can prove with documents.

4.  Ron Robles' Declaration was changed.  Just like Emilie, Larry Siracusa took the signature page and attached it to a Declaration that Ron never saw containing thiings he never said.

5.  Thomas DeMartini's Declarations completely contradict what he testified to in his deposition.

6.  Emilie Calhoun's Declaration is a total fabrication.  I can prove she is lying with documentation and other factual evidence.

When a person signs a declaration, they do so under penalty of perjury.  Penalty of Perjury is serious stuff, don't you think?  I do!

More Trustee Duties

The Trustee has the DUTY to make the trust productive (ie. Income producing).

Elizabeth Adler has left the property located at 1462 11^th Avenue vacant for ten months.   Ms. Adler along with her partner, Herb Thomas, the Conservator of the Person, had NO intention of allowing my Grandmother to return home after her October hospitalization.  Instead of renting the house and produce income (her duty as trustee), she has left the house vacant.  In addition, she has refused my Uncle’s request to go into the house, I have been denied access and she and her attorney will not return our personal property.   Documented personal property that is no way trust property.

Mediation

From the San Francisco Superior Court Website:

“Mediation is a voluntary (ordered by Commissioner Sue Kaplan), flexible and confidential (nothing has been kept confidential in this case…take a look at the court website) process in which a neutral 3^rd party “mediator” (a friend of Larry Siracusa which Larry and Francesca Vallejo failed to disclose) facilitates negotiations.”

Mediation was ordered by Commissioner Kaplan in September of 2009.  Mediation was scheduled for October 19, 2009 and the case was settled.  The Mediation Agreement was approved by Commissioner Sue Kaplan shortly thereafter.  Parties to the Mediation Agreement included Elizabeth Adler, Mr. Siracusa and Bruce Feder.

Despite the fact that I continued to work with Ms. Adler after the mediation and assist her with the accounting she was hired to do in July of 2009, not more than seven weeks later Mr. Larry Siracusa on behalf of his client, Elizabeth Adler, filed the exact same case against me under the exact same number of the dismissed case.  Go figure!

So much for the Trustee’s Duty of Impartiality; Duty of Loyalty;  Duty to Avoid Conflicts of Interest including Self-Dealing, Conflicting Personal Interests and Conflicting Duties;  Duty of Disclosure;  Duty Not to Delegate and Duty of Enforce or Defend Claims.

Ms. Adler is guilty of breach of trust and as each day goes by, she gets herself in deeper and deeper with her lies and greed.  She has perjured herself on many occasions and does not seem to recall what she claims from one Petition to the next.

Grounds for Removal of a Trustee!

Probate Code 15642(b) states a trustee may be removed for any good cause including, but not limited to, any of the following reasons:

Breach of Trust…Guilty!

The Trustees failure to act or declining to act….Guilty!

Excessive compensation…Guilty!

Wonder what duty is breached when a trustee lies and perjures themselves?

A statement that claims against the trustee for breach of trust may not be made after 3 years from receipt of a report or account disclosing facts giving rise to the claim.

3 years…GOTCHA!

My Rights

I was just sitting here thinking how many of my rights have been violated over the last two years by Siracusa and Company.

For the past two years, I have been accused of stealing money.  Yet they are only accusations. 

I have not had a trial to prove my innocence.  Isn’t there something in the United States Constitution that covers innocent until proven guilty and a right to a trial?

I was deprived of the right to spend time with my Grandmother by conservators who isolated her from family members.  Aren’t there laws that were passed to prevent this?

My mail has been delivered to my legal residence yet a conservator has decided not to give it to me.  Doesn’t federal law regarding delivery of personal mail prohibit this?

A conservator and her attorney have deprived me of the right to my personal property despite of the fact that I provided documentation proving that it is my personal property and that the items were purchased prior to my move to San Francisco to care for my Grandmother at the request of my Uncle and brother.

I was forced out of my home.

I have depleted my savings in an attempt to fight this injustice.  My Uncle and I have spent over $100,000 of our own savings.  To date, close to $500,000 have been billed in just legal fees.

Just the tip of the rights violation iceberg!

Siracusa’s Shenanigans

Targets the estates of San Francisco’s elderly.  Normally keeps it at $5 million and under.  Much easier to fly under the radar that way.

Isolates incapacitated elderly citizens from family members, condones the employment of undocumented caregivers, does not file mandated probate paperwork on a timely basis, shows total disregard for probate code, California laws and Rules of the Court.

Files frivolous petitions and motions generating thousands and thousands of dollars in legal fees.

Involves members of Siracusa and Company whenever possible.  Examples include appointment of the attorney for the conservatee and litigation attorney for the conservator to name a few.

Rewards newbies with new court cases.  Newbies include fiduciaries and conservators new to the probate scam and attorneys that bring him business.

Makes bogus claims and lies to prolong the case in an attempt to drain every dollar out of the estate.  Cases can last for years and years.

Places the conservatee in nursing homes and then petitions the court to sell the home of the person.

Files incomplete inventories and appraisals of personal property.

Deception and greed have destroyed families and ruined people’s lives.

Siracusa and Company controls over 40% of the probate business in San Francisco

Larry Siracusa makes his own rules.  Everything included in this post can be substantiated with documentation and is based on my personal experience.

Believe it or not, there are cases orchestrated by Mr. Siracusa that are even worse than mine.

This is not just a San Francisco problem.  There are Larry Siracusas in every probate courtroom across the United States.  A billion dollar industry that has become an epidemic!

Why is such blatant disregard for the law allowed to continue?  How can those appointed to protect us look the other way after witnessing the same story play out in the courtroom day after day?  The victims change but the script remains the same.

Probate Calendar for Wednesday

San Francisco Probate Court Calendar

Siracusa & Company Cases

Wednesday, June 22, 2011

PCN-03-285153
PCN-04-286797
PCN-06-289427
PCN-07-289936
PCN-07-290406
PCN-07-290499
PTR-07-290778
PCN-09-292628
PTR-09-292793
PCN-09-292959
PCN-09-293056
PTR-10-293378
PES-10-294037
PCN-11-294261
PES-11-294437
PES-11-294465
PTR-11-294510

Trustee's Breach of Duty

Elizabeth Adler is the court appointed Trustee for my Grandmother's Trust.  Below you will find a list of the most common duties of a trustee.  Immediately following the definition of the duty, I have described how Elizabeth Adler breached that duty (purple ink).
In addition, as a professional, court appointed trustee, Ms. Adler had an even higher standard of care in her role as trustee.

DUTY OF LOYALTY:  A trustee may not seek advantage from a beneficiary, nor may a trustee wield power for his or her own "aggrandizement, preference or advantage" to the detriment of the beneficiaries.

This case was settled during mediation on October 19, 2009.  Ms. Adler and Mr. Siracusa were a party to the mediation.  After the mediation, I continued to work with Ms. Adler so that she could complete her trust accounting.  Ms. Adler even had full access to all of my bank accounts.  On December 9, 2009, Ms. Adler filed a petition accusing me of the same allegations included in the case that settled during mediation on October 19th.  She even filed the new case under the old case number.  The December 9th case was filed solely to benefit the Trustee and Larry Siracusa and Company who have since filed numerous frivolous motions and petitions.  To date total legal fees are in excess of $500,0000.  This case began in July 2009 and to date, I have been denied my constitutional right to a trial to prove my innocence...and the case was settled in October of 2009 to boot.

DUTY TO AVOID CONFLICTS OF INTEREST:  A trustee has a basic fiduciary duty to avoid conflicts of interests.

Ms. Adler befriended Kristine Wright, paid her to care for my Grandmother, and spent thousands of dollars on Kristine Wright's payroll problems.  Ms. Adler was informed that Ms. Wright was convicted of felony forgery yet still allowed her to care for Catherine DeMartini.   Even after it became clear that Ms. Wright was unduly influencing my Grandmother, isolating her from family members and spending trust money with not documentation, Ms. Adler did not replace her.  Instead, she paid Kristine Wright over $4000 per month and room and board for my Grandmother while she was staying in Millbrae.  Kristine Wright is Tom DeMartini's girlfriend.  Ms. Wright has experience in elder abuse.  In 1997, she did the same thing to her ex-husband's family, had the great-aunt change her will making Ms. Wright the beneficiary while excluding the rest of the family and after the aunt died, Ms. Wright was accused of murder.

DUTY OF IMPARTIALITY:  The trustee has a duty to deal impartially with all beneficiaries of a trust and must act impartially in investing and managing trust property, while at the same time considering the differing interests of the beneficiaries.

Ms. Adler blindly followed the recommendations made by one beneficiary while excluding the other two beneficiaries...one of whom was the only living child of the Trustor, my Uncle Paul.  Ms. Adler dealt exclusively with Ms. Wright even though she was not a family member.  My Grandmother met Ms. Wright in December of 2008 and knew her just 8 weeks before Ms. Wright devised her plan to take over Catherine DeMartini's Trust.  Ms. Adler knew of Ms. Wright's intentions as well as being aware of her felony conviction.  Four of Catherine DeMartini's Trust documents were forged! 

DUTY TO DISCLOSE:  The trustee has the duty to keep all of the trust beneficiaries reasonably informed of the trust and its administration.

A Trustee is required to contact beneficiaries of a trust regarding the details of the trust within 60 days of the trustor's death.  Ms. Adler did not do so.
DUTY NOT TO DELEGATE:  The Trustee has the duty to render personal services and not to delegate to others acts that the trustee should be reasonably expected to perform.

In a document prepared for the settlement judge, Ms. Adler allowed Tom DeMartini's attorney to prepare a financial overview.  This was definitely something that should not have been delegated let alone to the attorney for the favored beneficiary.

DUTY TO ENFORCE OR DEFEND CLAIMS:  The trustee has a general duty to take reasonable steps to enforce claims of the trust.  The trustee must consider the costs of enforcing the claim, the chances of success and the likelihood of collecting a judgment.

This is perhaps the worst breach of all.  Ms. Adler's claim has generated approximately $500,000 in legal fees.  I have provided Ms. Adler with over 1200 pages of supporting documentation that proves that her allegations are false, and it is clear that I did not do what I am accused of.  There is no doubt I will prove my innocence.  There will be no judgment because I am not guilty.  I was honest with Ms. Adler from day one and cooperated with everyone of her requests.

Duties of a Conservator of the Estate

The California Superior Court mandates that the Conservator for the Estate, in this case Elizabeth A. Adler, do the following:

1.  Take control of assets and make sure they are adequately protected against loss.
2.  Make an inventory of the assets for the Court.
3.  Inventory and appraise the estate.
4.  Make a list describing each item in detail of all assets owned on the date of the appointment of the Conservator.
5.  Store valuables.
6.  Take photos.
7.  Remove valuables.
8.  Keep inventory of everything in the house and when caregivers are employed do regular inspections.

Ms. Adler filed an inventory that stated the property in the house (ie. furniture, collectibles, etc.) was worth $1500.  She did NOT include an itemized list.  She did not remove valuables.  She did not do an inventory.  She did not take pictures.  I took pictures and checked the court files!

I just heard that Ms. Adler and her attorney have "put aside trust assets" that have not been identified or reported to the Court.

I could not find the section in California's Probate Code that addressses the Conservator or Trustee's right to "put aside trust assets."

LARRY AND LIZZIE'S THINGS THEY "PUT ASIDE" BAG!

Looks Like...

Judge Wiss is back on the bench tomorrow.  Larry Siracusa has to appear in court!



Trustee Duties

Elizabeth Adler is the court appointed Trustee for my Grandmother's Trust.

A Trustee's duties include:

DUTY OF LOYALTY:  A trustee may not seek advantage from a beneficiary, nor may a trustee wield power for his or her own "aggrandizement, preference or advantage" to the detriment of the beneficiaries.

DUTY TO AVOID CONFLICTS OF INTEREST:  A trustee has a basic fiduciary duty to avoid conflicts of interests.

DUTY OF IMPARTIALITY:  The trustee has a duty to deal impartially with all beneficiaries of a trust and must act impartially in investing and managing trust property, while at the same time considering the differing interests of the beneficiaries.

DUTY TO DISCLOSE:  The trustee has the duty to keep all of the trust beneficiaries reasonably informed of the trust and its administration.

DUTY NOT TO DELEGATE:  The Trustee has the duty to render personal services and not to delegate to others acts that the trustee should be reasonably expected to perform.

DUTY TO KEEP TRUST ASSETS SEPARATE:  The trustee must properly identify trust assets and keep those assets separate from his or her own.

DUTY TO ENFORCE OR DEFEND CLAIMS:  The trustee has a general duty to take reasonable steps to enforce claims of the trust.  The trustee must consider the costs of enforcing the claim, the chances of success and the likelihood of collecting a judgment.

Check back later today to learn how 

Ms. Adler is in Breach of Trust!

An Interesting Blog

Came across this blog this morning and found a quote regarding San Francisco's Probate Court..

http://cherylkicksass.blogspot.com/2011/06/smart-people-dont-ignore-symptoms-of.html

When the Cat's Away...

the Mice Will Play?

As I reviewed the San Francisco Probate Calendar for today and tomorrow, I noticed that there were very few hearings scheduled.  As I took a closer look, I noticed that there were many cases that were "granted without hearing."  The calendar for these two days is very different from the usual day to day probate calendar.

As I reviewed each online file, the reason for this difference became clear.  Judge Wiss must be on vacation, and Commissioner Kaplan is on the bench!

When Judge Wiss is on the bench, Siracusa and Company have lots of appearance required hearings on any given day during the probate court week of Monday through Wednesday.  In fact, just Mr. Siracusa's law firm, Witherspoon & Siracusa, normally has 5, 6, 7 and sometimes even more cases on any day.  Add in Mr. Siracusa's friends and that group represents over 40% of any one day's business.

It is odd that Mr. Siracusa has no appearances in court scheduled for today and tomorrow and that almost all of his many cases during this two day period were "granted without hearing." 

Don't know if I mentioned this in an earlier blog, but Commissioner Kaplan is also the "go to person" whenever Mr. Siracusa and Company wants to sneak in an exparte motion!

HMMMMMM!?

Probate Calendar for Tuesday

San Francisco Probate Court Calendar

Siracusa & Company Cases

Tuesday, June 21, 2011

PES-81-229809

PES-01-282305

PTR-02-282928

PES-02-283294

PES-03-285081

PGN-03-285147

PCN-04-286790

PCN-05-286988

PCN-05-287634

PCN-07-290484

PCN-08-290998

PTR-08-291609

PCN-08-291917

PES-09-292191

PES-11-294628

PES-11-294637

PCN-06-289093

PES-11-294645

Siracusa's

 Probate Court Monopoly

Definitely Check This Website Out!

www.lawlessamerica.com

Interesting Article by Janet Phelan....

Go to http://www.lawlessamerica.com/ and check out the June 8, 2011 article by Janet Phelan:

"San Bernardino Attorney Defies Subpoena in Alleged 'Murder for Money' Scheme"

Probate Calendar for Monday

S.F. Probate Court Calendar

Siracusa & Company Cases

Monday June 20, 2011

PGN-03-285055

PES-03-285547

PCN-04-285845

PCN-05-287806

PES-05-287868

PTR-05-287974

PCN-06-288440

PTR-06-288961

PTR-06-289136

PGN-06-289163

PGN-07-289790

PCN-07-289993

PCN-07-290339

PTR-07-290575

PCN-08-291935

PTR-07-290150

PTR-11-294562

PTR-11-294636

PES-11-294640

Larry's Probate Cherry Patch



San Francisco Superior Court Lay-Offs

http://www.sfgate.com/cgi-bin/blogs/bottomline/detail?entry_id=91203

To My Dad

Life Lessonsby Joanne Fuchs 
You may have thought I didn't see,
Or that I hadn't heard,
Life lessons that you taught to me,
But I got every word.
Perhaps you thought I missed it all,
And that we'd grow apart,
But Dad, I picked up everything,
It's written on my heart. 


Without you, Dad, I wouldn't be
The woman I am today;
You built a strong foundation
No one can take away.


I've grown up with your values,
And I'm very glad I did;
So here's to you, dear father,
From your forever grateful kid. 

Foever and always my Dad you will be!I love you, Lori Ann

Happy Father's Day!

To my Dad, Gary, and to my, Grandfather, Louie....

I love you and miss you both so much, Dad and Nono.  Wish you were here. You are in my heart and thoughts every day, and I know you are watching out for me from Heaven.  Say hi to Noni and everyone else at Big Noni's House.

Love always,
Lori