San Francisco

San Francisco

Sunday, March 18, 2012

NEXT: The California Court of Appeals

Appeals from superior court judgments in both criminal and civil cases must be decided on the merits of the case based upon the record on appeal. The Courts of Appeal do not hear testimony, retry the case or reconsider the factual findings of the judge or jury. They review the final judgment or appealable order for prejudicial errors of law. Decisions of the Courts of Appeal that determine a cause shall be in writing with the reasons stated. (Cal. Const., Art. VI, § 14)

Courts of Appeal have original jurisdiction in habeas corpus, mandamus, certiorari and prohibition proceedings. In most writ proceedings, the court has discretion whether to decide the merits of the claims set forth in the petition.

The 7 Stages of Alzheimer's Disease



The 7 Stages of Alzheimer's Disease
Stage 1:  No Impairment
Stage 2:  Very mild decline
Stage 3:  Mild decline
Stage 4:  Moderate decline
Stage 5:  Moderately severe decline
Stage 6:  Severe decline
Stage 7:  Very severe decline

Not a "broad range" but a diagnosis...your honor!

Friday, December 23, 2011

Conservator of the Estate

Under the direction of Elizabeth Adler, the Conservator of Catherine DeMartini's Estate, custom drapes were torn out of the walls, walls destroyed because of a plumbing leak, rugs were thrown in a dumpster, switchplates were removed, a storage shed was infested with rats and the list goes on an on and on...

INTO THE DUMPSTER....
 



Carpet torn off the stairs in the entry way


Cover for the crawl space to the attic thrown into the dumpster



   
 

Custom drapes torn out of the walls
 
Electrical plates removed and
thrown into the dumpster

Toilet seat thrown into the dumpster





Rat mouse droppings...house
was NOT swept clean, Lizzie!




Rat droppings in the fireplace
Elizabeth Adler claims the house
was swept clean....NOT!

 
   
Plumbing leak created by Adler's
 neglect of the home
  






 

Mouse/rat droppings in pantry...
house swept clean, Elizabeth?
Further water damage from plumbing
leak caused by Adler's breach of
fiduciary duty
Gate torn out of the wall and
thrown in the dumpster


Liar, Liar Pants on Fire

Lies, lies and more lies...

In a Petition filed on December 9, 2011, Elizabeth Adler declares under penalty of perjury the following:

Lie:  The property at 1462 11th Avenue is more than 100 years old and Catherine DeMartini lived there for "many" years.  The woodwork has its original finishes, the interior paint scheme is faded and quite out of date.  The kitchen cabinets were out of date...etc. etc.

Truth:  The property was built in 1924.  It is 87 years old.  It has been the family home for over 80 years!  If the successor trustee/conservator of the estate/professional fiduciary had a clue she would know that Catherine DeMartini did not live there for many years.....she lived there for over 80 years.  She would also know that Catherine's testamentary intent was to leave the house to Paul DeMartini her sole surviving child.  This was her NUMBER ONE concern and priority.  Given that Catherine DeMartini spent over $150,000 less than two years before her death to insure that her son, Paul, would not have to worry about any repairs and/or updates to the home, Ms. Adler's claim that the woodwork has its original finishes and that the interior paint scheme is faded and quite out of date is a blatant fabrication and is as absurd as her claim that I stole over $580,000 in less than 8 months. During the period of October 2007 through October of 2009, the following updates and improvements were made to the home to benefit Paul DeMartini, Catherine's main concern....
New roof, fixed a 20 year leak that 3 roofing companies could not repair, repaired and replaced dry rot in living room and dining room, replaced custom bay windows in front room and dining room, repainted interior of home, repainted exterior of home, added downstairs shower, new electrical service because of fire hazard with outdated circuit breakers, installed new furnace, landscaped backyard, updated kitchen, added storage shed, cabinets, hanging shelves, etc., added window coverings including over $6000 of custom drapes and blinds.  By the way the custom drapes were torn off the walls and thrown into a dumpster at Ms. Adler's direction.  In addition to the drapes and window coverings, over 900 square feet of carpeting was ripped out (the bedroom carpet was less than one year old), the storage shed, the hanging shelves, the floor to ceiling storage cabinet, custom storage cabinets built by my grandfather, Louis DeMartini, the storage shelves, the track lighting, the O'Keefe & Merritt vintage stove, the downstairs stove, the heirloom birdcage, vintage tools, outdoor decor, and so much more was just thrown into a dumpster as witnessed by lifelong friends and neighbors.

One more fact:

On June 30, 2009, Thomas DeMartini went to the County of San Francisco's Assessor's Office and put the home in his name as sole owner.  My grandmother had already been diagnosed with moderate to severe dementia.  Ms. Adler was aware of this fact yet she has continually favored Thomas DeMartini's 25% inheritance over that of Paul DeMartini's 50% right and Lori DeMartini's 25% right.

The front room that Adler claims is outdated.
The custom drapes that were torn off  the wall  and then
thrown into a dumpster at the direction of just last month.


The kitchen that Ms. Adler claims is "outdated"
 that was completely rremodeled at Catherine's
direction less than five years ago.
  .

Merry Christmas!

Remember
This December,
That love weighs more than gold!

 ~Josephine Dodge Daskam Bacon
 


Forever grateful for the love
 shared by Noni, Jamie and Joey. 

 Merry Christmas Noni!