pcn-89-232502
pcn-05-286944
pcn-08-290853
pcn-09-293077
ptr-09-293078
ptr-10-293398
pes-10-293617
ptr-10-294012
pcn-11-294357
pcn-11-294454
pes-11-294640
pes-11-294777
San Francisco
Saturday, July 30, 2011
Friday, July 29, 2011
Thursday, July 28, 2011
Flowers
If flowers grow in Heaven Lord,
please pick a bunch for me,
please pick a bunch for me,
Place them in my Noni's arms,
and tell her they're from Lori.
and tell her they're from Lori.
Tell her that I love and miss her
and when she turns to smile,
Place a kiss upon her cheek and
and when she turns to smile,
Place a kiss upon her cheek and
and hold her tight for just awhile.
Clowns
The Truth About Tom...
Tom NEVER participated in family events. Never spent time with my grandparents or my uncle. My cousin, David, thought that my sister-in-law Sharon was his cousin because she, rather than Tom, came to all the family events with my nephews.
Tom NEVER participated in family events. Never spent time with my grandparents or my uncle. My cousin, David, thought that my sister-in-law Sharon was his cousin because she, rather than Tom, came to all the family events with my nephews.While I took care of my grandmother for 18 months, Tom stopped by less than six times. Each of those times he doubled parked out in front of the house and came in the house only to get money from me. On the two occasions he did go up to say hello to my grandmother, I had to literally beg him to do so. He stayed less than five minutes each visit.
My grandmother's upstairs sink leaked for three months. Tom is a plumber...well he is actually a fitter. There is a difference, you know...about $2 an hour. I asked Tom on numerous occasions to come by and fix the leak. Never did! Had to hire a plumber. The when the sewer line backed up, I again called Tom and was told to call a plumber. He is a fitter and fitters do not snake drains. That bill was over $500!
When Tom and his evil girlfriend Krissy kidnapped my grandmother and took her to exist in Millbrae, he charged her room and board and paid the evil one $1000 per week to care for my Noni. During that time, her health deteriorated significantly according to her doctor of 20 years. Too much Taco Bell? Have the doctor's report to prove it.
Now, Tom portrays himself as the doting, caring grandson when in reality he is a narcissistic, greedy adulterer. He's had an ongoing affair with his cousin for the past 20 or so years!
When Tom was a little boy, he thought clowns lived in the closet in his bedroom, I would rescue him from those clowns every night.
Tom lived with me for over 5 years during our adult lives. Never paid rent. Never offered. I gave him money for his divorce lawyer, bailed him out of a paternity mess for $10,000, gave him money so that he did not lose his property in Clear Lake, paid my nephew's tuition on occasion, paid his bills, bought his groceries, made his lunches, paid the utilities, blindly defended him against anyone that would dare criticize....when I was told to choose even chose him over my ex-husband.
I never asked for anything in return. Did not expect repayment of the money I spent on his behalf. Expected nothing really....
...other than loyalty!
...other than loyalty!
Prior to December of 2008, I thought Tom was the one and only person I could trust out of everyone else in my life.
Boy, was I dead ass wrong! Should have just locked him in his room with the damn clowns!________________________________________________________________________
P.S. Just one more thought...
When I first became the sole trustee of my grandmother's trust in September of 2008, I asked the attorney for the trust what my responsibilities were as trustee. He replied: "Just do what you think your grandmother would want you to do."
I was nervous about being the trustee, so I kept my Uncle Paul and my sibling, Tom, in the loop with regard to everything I did as trustee
Each time I spoke to the sibling about trust related matters, he told me this, and I quote...
"You're doing a great job, Lor. Just keep doing what you're doing."
Wednesday, July 27, 2011
Who Tom is Not...
Tom is NOT a DeMartini!
What Tom is...
greedy
selfish
ignorant
spiteful
unappreciative
arrogant
self-serving
uncaring
ungrateful
senseless
ridiculous
useless
weak
incompetent
insincere
childlike
unenlightened
disloyal
shallow
insensitive
oblivious
obtuse
simple
unaware
inept
superficial
inconsiderate
dense
naive
immature
mean
blind
dishonest
vein...
A LOOO-HOOO-ZUH-HER!
For those of you who know Tom,
feel free to fill in the blanks...
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
What Tom is...
greedy
selfish
ignorant
spiteful
unappreciative
arrogant
self-serving
uncaring
ungrateful
senseless
ridiculous
useless
weak
incompetent
insincere
childlike
unenlightened
disloyal
shallow
insensitive
oblivious
obtuse
simple
unaware
inept
superficial
inconsiderate
dense
naive
immature
mean
blind
dishonest
vein...
A LOOO-HOOO-ZUH-HER!
For those of you who know Tom,
feel free to fill in the blanks...
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
Speechless...
Well sort of..
We had a hearing today that did leave me speechless at first. Now I am appalled, disgusted and even more determined to expose the probate conservatorship scam which is obviously endorsed by the Superior Court of San Francisco.
In a nutshell, the Judge approved the sale of my grandmother's house BEFORE hearing testimony from my grandmother's doctor of 20 years and the neurological specialist who examined my grandmother and diagnosed her with moderate to severe Alzheimers' dementia in September of 2009.
Despicable!
We had a hearing today that did leave me speechless at first. Now I am appalled, disgusted and even more determined to expose the probate conservatorship scam which is obviously endorsed by the Superior Court of San Francisco.
In a nutshell, the Judge approved the sale of my grandmother's house BEFORE hearing testimony from my grandmother's doctor of 20 years and the neurological specialist who examined my grandmother and diagnosed her with moderate to severe Alzheimers' dementia in September of 2009.
We have set out to prove that the changes made to my grandmother's trust after the original trust and will were drafted in 1992 were done so while she was incapacitated and subjected to undue influence. We believe the doctor's testimony will support our claim.
Instead of waiting for the evidence, the Judge ordered that the house be sold even though it was my grandmother's intent and desire to leave the house to my Uncle Paul.
Appalling. Disgusting. Even more determined.
How do they sleep at night? Ahhhhh, that cold hard cash must bring them such great comfort.
Tuesday, July 26, 2011
Wednesday's Cases
Below you will find Siracusa, Feder and Friends' cases for Wednesday, July 27, 2011. The DeMartini case is on the calendar!
PCN-96-267018 - 1996!
PCN-98-270886 - 1998!
PCN-02-283527 - 3 for 3!
PES-04-285799
PES-04-286593
PTR-04-286717
PTR-06-288634
PGN-06-289163
PES-07-290136
PTR-07-290603
PTR-07-290778
PCN-09-292472
PTR-09-292513 - DeMartini
PCN-09-292714 - DeMartini
PTR-09-292547
PCN-09-292822
PCN-10-293225
PCN-10-293306
PCN-10-293329
PTR-10-293796
PES-10-294109
PCN-11-294276
PCN-11-294281
PTR-11-294427
PES-11-294437
PES-11-294774
PES-11-294210
ASTOUNDING! Siracusa, Feder and Friends
monopolize the court schedule once again!
Just Can't Seem to Let This Go...
From November 2010 through April 2011, I tried desparately to convince the conservator of the person, his two attorneys, my grandmother's attorney and, of course, the powers that be, Liz and Larry, to allow my grandmother to go home after she was released from the hospital following her stroke.
Everyone following the blog knows that Katie never went home and that her worst nightmare became a reality. She died in that horrific nursing home.
What I am struggling with is WHY they would not allow her to go home.
Everything I have read and everyone I have talked to including "real" professionals in the elder care field, unanimously support in home care. Heck, Herb Thomas is now offering in home care as one of his menu items.
Everyone following the blog knows that Katie never went home and that her worst nightmare became a reality. She died in that horrific nursing home.
What I am struggling with is WHY they would not allow her to go home.
Everything I have read and everyone I have talked to including "real" professionals in the elder care field, unanimously support in home care. Heck, Herb Thomas is now offering in home care as one of his menu items.
 |
| "there's no place like home....there's no place like home..." |
I was doing some research today and found that one of the busiest conservators in San Francisco, who just happens to be yet another one of Larry Siracusa's clients, is the secretary for an in home care company whose motto is "There's No Place Like Home."
This organization supports and encourages in home care.
If I could make sense of it, I might be able to let it go. But, it makes absolutely NO sense at all!
Monday, July 25, 2011
In Session - July 26, 2011
Feder, Siracusa and Friends
Court Cases for Tuesday
PCN-05-286988
PCN-05-288001
PCN-06-289093
PES-09-291997
PCN-09-292962
PCN-10-293424
PTR-10-293759
PTR-10-294043
PES-11-294645
PES-11-294755
PES-10-293915
They never disappoint!
Sunday, July 24, 2011
In Session - July 25, 2011
Court Cases for Siracusa, Feder and Friends...
PCN-84-238166
PCN-05-287654
PTR-05-288058
PCN-06-289498
PTR-07-290150
PCN-08-291935
PTR-08-291936
PES-09-292936
PTR-11-294184
PCN-11-294231
PGN-11-294563
PES-11-294583
Motion for Sanctions
In his latest court filing, what Brian McCaffrey failed to say,
Is that Lizzy Adler was a party to the mediation that day.
McCaffrey claims Lori is delaying to avoid a court trial,
In reality, Lori has asked for her day in court all the while.
Perhaps, McCaffrey should think twice next time,
Because last I heard perjuring yourself is a crime.
Is that Lizzy Adler was a party to the mediation that day.
McCaffrey claims Lori is delaying to avoid a court trial,
In reality, Lori has asked for her day in court all the while.
Perhaps, McCaffrey should think twice next time,
Because last I heard perjuring yourself is a crime.
Give Them Enough Rope, and They Will Hang Themselves
On July 21, 2011, The Conservator, Elizabeth Adler, filed the following:
"DECLARATION (FURTHER) IN SUPPORT OF PETITION FOR AUTHORIZATION TO
LIST AND SELL CONSERVATEE'S FORMER RESIDENCE AND FOR AUTHORIZATION TO ENTER INTO EXCLUSIVE LISTING AGREEMENT WITH REAL ESTATE BROKER FILED BY PETITIONER ADLER,
ELIZABETH A"
After taking the time to review the latest "Declaration" filed by The Conservator, Elizabeth Adler, I have prepared a lie by lie, line by line, recap of her Declaration for your review....
First Lie: Property must be sold to satisfy obligations of the Trust.
Thus far, everything presented to the Court is based on the allegations of Adler and her attorneys. It has not been decided whether these actions were brought forward in the best interest of the trust. The Trust has no obligations to Adler until she proves that she brought this action to benefit the Trust.
Second Lie: Cash on Hand. Since Adler has never submitted original bank statements, her representation of cash on hand is presumed to be a lie.
Third Lie: Adler states that Bruce Feder as "Court appointed Counsel" has a petition pending for $23,000 in attorney fees. Bruce Feder was never appointed by the Court, however, a fraudulent court document has now surfaced. Further, the court has not approved Feder's fees. What exactly did Bruce Feder do to accumulate $23,000 in fees, Elizabeth, The Conservator?
Fourth Lie: Emilie Calhoun has $72,000 in fees and costs. In reality Emilie Calhoun has asked for fees in excess of $80,000. Further, Emilie Calhoun, Thomas DeMartini's attorney, has attempted to bill the Trust for her services to Elizabeth Alder. Also, why would Lori DeMartini pay for Tom DeMartini's legal fees in a case that was dismissed....innocent! Case closed. Nice try, Calhoun.
Fifth Lie: Adler claims that Lori owes $69,000 to Tom Huster her former attorney. Lori owes $69,000 less the amount already paid. Do the math Liz?
Sixth Lie: "Adler states that there are additional costs of the pending financial abuse litigation to consider as well as ongoing fees......" In October of 2009, this case was settled during court ordered mediation. Adler brought the exact same case against Lori DeMartini 7 weeks later. The mere thought that Adler has been defending the Trust is a joke.
Seventh Lie: Adler states: "Simply put, there is just not enough personal property to satisfy the debts of the Trust." According to Alder, there are $268,169.35 in liquid assets. Since Adler has managed this Trust from July 2009 through present, she has spent or is attempting to spend $452,931 of the Trust's assets for her and her attorney's fees. These ridiculous fees do not even include the $10,000 per month Elizabeth Adler paid for my Grandmother's substandard, unlicensed care over a 25 month period which is another $250,000.
Why hasn't Elizabeth Adler reported what was in the Trust before she began her mismanagement of trust funds?
I have given you examples of the lies contained in just 1 1/2 pages of Adler's 22 page Declaration...through numbers 3 of 11. I will continue, in another blog, to pick apart The Conservator Elizabeth Adler's latest misrepresentation of reality that was filed on July 21, 2011, however, it is clear what she has done. Everything Elizabeth Adler has done since July 2009 has only benefited the Conservator and her minions. Nothing has benefited Catherine R. DeMartini, her Trust or the intended beneficiaries.
Every time Elizabeth Adler, the Conservator, files a Declaration she does so under Penalty of Perjury...
"I declare under penalty of perjury under the laws of the State of California that the foregoing to true and correct."
What is the penalty for perjury under the laws of the State of California?
Is one lie one penalty? Or is it on a document by document basis? Hopefully, for The Conservator it is based on a total document of lies rather than lie by lie. If not, she has perjured herself thousands of times.
"DECLARATION (FURTHER) IN SUPPORT OF PETITION FOR AUTHORIZATION TO
LIST AND SELL CONSERVATEE'S FORMER RESIDENCE AND FOR AUTHORIZATION TO ENTER INTO EXCLUSIVE LISTING AGREEMENT WITH REAL ESTATE BROKER FILED BY PETITIONER ADLER,
ELIZABETH A"
After taking the time to review the latest "Declaration" filed by The Conservator, Elizabeth Adler, I have prepared a lie by lie, line by line, recap of her Declaration for your review....
First Lie: Property must be sold to satisfy obligations of the Trust.
Thus far, everything presented to the Court is based on the allegations of Adler and her attorneys. It has not been decided whether these actions were brought forward in the best interest of the trust. The Trust has no obligations to Adler until she proves that she brought this action to benefit the Trust.
Second Lie: Cash on Hand. Since Adler has never submitted original bank statements, her representation of cash on hand is presumed to be a lie.
Third Lie: Adler states that Bruce Feder as "Court appointed Counsel" has a petition pending for $23,000 in attorney fees. Bruce Feder was never appointed by the Court, however, a fraudulent court document has now surfaced. Further, the court has not approved Feder's fees. What exactly did Bruce Feder do to accumulate $23,000 in fees, Elizabeth, The Conservator?
Fourth Lie: Emilie Calhoun has $72,000 in fees and costs. In reality Emilie Calhoun has asked for fees in excess of $80,000. Further, Emilie Calhoun, Thomas DeMartini's attorney, has attempted to bill the Trust for her services to Elizabeth Alder. Also, why would Lori DeMartini pay for Tom DeMartini's legal fees in a case that was dismissed....innocent! Case closed. Nice try, Calhoun.
Fifth Lie: Adler claims that Lori owes $69,000 to Tom Huster her former attorney. Lori owes $69,000 less the amount already paid. Do the math Liz?
Sixth Lie: "Adler states that there are additional costs of the pending financial abuse litigation to consider as well as ongoing fees......" In October of 2009, this case was settled during court ordered mediation. Adler brought the exact same case against Lori DeMartini 7 weeks later. The mere thought that Adler has been defending the Trust is a joke.
Seventh Lie: Adler states: "Simply put, there is just not enough personal property to satisfy the debts of the Trust." According to Alder, there are $268,169.35 in liquid assets. Since Adler has managed this Trust from July 2009 through present, she has spent or is attempting to spend $452,931 of the Trust's assets for her and her attorney's fees. These ridiculous fees do not even include the $10,000 per month Elizabeth Adler paid for my Grandmother's substandard, unlicensed care over a 25 month period which is another $250,000.
Why hasn't Elizabeth Adler reported what was in the Trust before she began her mismanagement of trust funds?
I have given you examples of the lies contained in just 1 1/2 pages of Adler's 22 page Declaration...through numbers 3 of 11. I will continue, in another blog, to pick apart The Conservator Elizabeth Adler's latest misrepresentation of reality that was filed on July 21, 2011, however, it is clear what she has done. Everything Elizabeth Adler has done since July 2009 has only benefited the Conservator and her minions. Nothing has benefited Catherine R. DeMartini, her Trust or the intended beneficiaries.
Every time Elizabeth Adler, the Conservator, files a Declaration she does so under Penalty of Perjury...
"I declare under penalty of perjury under the laws of the State of California that the foregoing to true and correct."
What is the penalty for perjury under the laws of the State of California?
Is one lie one penalty? Or is it on a document by document basis? Hopefully, for The Conservator it is based on a total document of lies rather than lie by lie. If not, she has perjured herself thousands of times.
The Psychopath
"Lying is like breathing to the psychopath. When caught in a lie and
challenged, they make up new lies, and don't care if they're found out. As Hare
states, "Lying, deceiving, and manipulation are natural talents for
psychopaths...When caught in a lie or challenged with the truth, they are seldom
perplexed or embarrassed -- they simply change their stories or attempt to
rework the facts so that they appear to be consistent with the lie. The results
are a series of contradictory statements and a thoroughly confused listener."
(Hare, 46)
challenged, they make up new lies, and don't care if they're found out. As Hare
states, "Lying, deceiving, and manipulation are natural talents for
psychopaths...When caught in a lie or challenged with the truth, they are seldom
perplexed or embarrassed -- they simply change their stories or attempt to
rework the facts so that they appear to be consistent with the lie. The results
are a series of contradictory statements and a thoroughly confused listener."
(Hare, 46)
Saturday, July 23, 2011
More Lizzy and Larry Lies...
In Liz Adler's latest court filing, she claims that the SFPD found that I had attempted to break into my Grandmother's house in late June.
I read the police report she attached to her latest pack of lies, and once again she has perjured herself in a document filed with the court!
I encourage you to look at Lizzy and Larry's latest lies. Read the police report for yourself. It does not say I attempted to break in! Go to...
So, Lizzie, I called the police before you did. Ron secured the door with the materials we had available to us just as the police officers instructed us to do. When when we went back the following morning to permanently secure the door someone had already screwed a piece of plywood into the door and now the mailbox is blocked!
I read the police report she attached to her latest pack of lies, and once again she has perjured herself in a document filed with the court!
I encourage you to look at Lizzy and Larry's latest lies. Read the police report for yourself. It does not say I attempted to break in! Go to...
When I arrived at the house that day, the window (not lite) was broken, and I called the police. While waiting for the police, I weeded the sidewalk in front of the house. I filled a 12' x 4' plastic bag full of weeds. Lizzie really does care about my Grandmother's house! Four officers responded to my call. I was told to fix the window and that a police report was not needed.
So, Lizzie, I called the police before you did. Ron secured the door with the materials we had available to us just as the police officers instructed us to do. When when we went back the following morning to permanently secure the door someone had already screwed a piece of plywood into the door and now the mailbox is blocked!This woman and her dispicable attorneys are truly CAPABLE OF THE INCAPABLE!
Thursday, July 21, 2011
San Francisco Superior Court Layoffs
Is San Francisco the only county in California affected by such significant layoffs and court room closures? If so...
WHY?
WHY?
The Conservator Adler
In addition to the fees generated by The Conservator Adler's money making divorce scheme on behalf of Owen J. Walsh, The Conservator Adler managed to generate the following conservator fees for herself and her attorney from 2006 through 2011...
2006*
$ 31,028 to The Conservator Adler
$ 16,557 to her Attorney
* in 2005 the previous conservator's charges were: $3,187 to the conservator and $6,304 to the conservator's attorney
2007
$ 23,898 to the Conservator Adler
$ 16,334 to her Attorney
2008
$ 37,201 to the Conservator Adler
$ 15,744 to her Attorney
2009
$ 60,430 to the lovely Ms. Adler
$ 33,288 to her faithful attorney
2010
$ 33,736 to Ms. Adler
$ 10,272 to the Attorney
2011
$ 29,667 to Conservator Elizabeth
$ 9,300 to the Attorney
Mr. Walsh died recently and Ms. Adler is no doubt still calculating her final bill, however for the period, 2006 through the last accounting in 2011, The Conservator and her Attorney
made....
Drumroll, please!
Keep in mind this is in addition to the fees The Conservator collected for her divorce caper $174,259. See previous blog.
The Conservator Adler: $215,961
The Attorney: $101,495
For a grand total of: $317,456
Total of divorce fees: $174,259
$491,715
of Owen Walsh's beneficiaries' inheritance goes to The Conservator Adler and her attorneys!
2006*
$ 31,028 to The Conservator Adler
$ 16,557 to her Attorney
* in 2005 the previous conservator's charges were: $3,187 to the conservator and $6,304 to the conservator's attorney
2007
$ 23,898 to the Conservator Adler
$ 16,334 to her Attorney
2008
$ 37,201 to the Conservator Adler
$ 15,744 to her Attorney
2009
$ 60,430 to the lovely Ms. Adler
$ 33,288 to her faithful attorney
2010
$ 33,736 to Ms. Adler
$ 10,272 to the Attorney
2011
$ 29,667 to Conservator Elizabeth
$ 9,300 to the Attorney
Mr. Walsh died recently and Ms. Adler is no doubt still calculating her final bill, however for the period, 2006 through the last accounting in 2011, The Conservator and her Attorney
made....
Drumroll, please!
Keep in mind this is in addition to the fees The Conservator collected for her divorce caper $174,259. See previous blog.
The Conservator Adler: $215,961
The Attorney: $101,495
For a grand total of: $317,456
Total of divorce fees: $174,259
$491,715
of Owen Walsh's beneficiaries' inheritance goes to The Conservator Adler and her attorneys!
Wednesday, July 20, 2011
Elizabeth Adler On Top of Her Game....
Remember Owen and Caridad Walsh? See Previous Posts: SF Probate Court - Owen and Caridad; Adler's Dirty Lies - Owen and Caridad; Pre-Nuptial - Owen and Caridad; Divorce - Owen and Caridad; They Are Killing Me. I am Half Dead; Case Settles Out of Court - Owen and Caridad...
For the divorce of Owen and Caridad initiated by the Conservator Adler:
$ 78,109 to Deborah Ann Ram divorce attorney hired by Adler for Owen
$ 4,246 to B. Conners attorney hired by Adler for Owen for divorce
$ 17,937 divorce proceedings fees approved by court (recipient unknown)
$ 35,000 for future fees associated with divorce
$ 29,667 for Adler's services for the divorce
$ 9,300 for Adler's attorney, John Mangini, for the divorce
$174,259 in fees for the divorce of Owen and Caridad
Astounding!
A grand money making scheme!
For the divorce of Owen and Caridad initiated by the Conservator Adler:
$ 78,109 to Deborah Ann Ram divorce attorney hired by Adler for Owen
$ 4,246 to B. Conners attorney hired by Adler for Owen for divorce
$ 17,937 divorce proceedings fees approved by court (recipient unknown)
$ 35,000 for future fees associated with divorce
$ 29,667 for Adler's services for the divorce
$ 9,300 for Adler's attorney, John Mangini, for the divorce
$174,259 in fees for the divorce of Owen and Caridad
Astounding!
A grand money making scheme!
 |
| Heh heh heh heh heh heh! |
Feder & Siracusa Probate Cases
For July 20, 2011...
PTR-09-292513
PCN-01-281337
PCN-02-282740
PTR-05-287974
PTR-06-288961
PCN-06-289486
PTR-07-290580
PCN-08-290965
PES-09-292348
PTR-09-292537
PCN-09-202628
PES-09-292711
PCN-09-292737
PCN-09-292959
PTR-09-292961
PCN-09-292988
PTR-10-293159
PCN-10-292262
PCN-10-293955
PCN-11-294187
PES-11-294210
PCN-11-294213
PCN-11-294231
PCN-11-294271
PTR-11-294314
PCN-11-294334
PTR-09-292513
PCN-01-281337
PCN-02-282740
PTR-05-287974
PTR-06-288961
PCN-06-289486
PTR-07-290580
PCN-08-290965
PES-09-292348
PTR-09-292537
PCN-09-202628
PES-09-292711
PCN-09-292737
PCN-09-292959
PTR-09-292961
PCN-09-292988
PTR-10-293159
PCN-10-292262
PCN-10-293955
PCN-11-294187
PES-11-294210
PCN-11-294213
PCN-11-294231
PCN-11-294271
PTR-11-294314
PCN-11-294334
PES-11-294725
PES-04-285938
Consider this....
Courts are too crowded so the Superior Court develops a program called Alternative Dispute Resolution (ADR). This program is intended to assist attorneys and litigants in resolving their differences prior to trial. The early settlement concept would, theoretically, free up the court's time.
Makes sense.
I participated in Alternative Dispute Resolution through court recommended mediation and the case settled on October 19, 2009. However, the same case was filed against me less than two months later. I am currently trying to get the court to recognize this faux pas and make a ruling. Settled. Can't file again. Alternative Dispute Resolution!
In fact, there have already been many Supreme Court Rulings regarding this very same thing. The highest Court in the land agrees that once a matter has been settled in mediation, it cannot be filed again. The second case against me was even filed under the same court case number!
How many times does this happen? Well, considering that there are many cases that have already been heard by the Supreme Court, I would guess it has happened many times.
This is a HUGE waste of the court's time. These attorneys are not only blatantly mocking a program that was put into place to reduce backlog but they are creating even more backlog.
Makes sense.
I participated in Alternative Dispute Resolution through court recommended mediation and the case settled on October 19, 2009. However, the same case was filed against me less than two months later. I am currently trying to get the court to recognize this faux pas and make a ruling. Settled. Can't file again. Alternative Dispute Resolution!
In fact, there have already been many Supreme Court Rulings regarding this very same thing. The highest Court in the land agrees that once a matter has been settled in mediation, it cannot be filed again. The second case against me was even filed under the same court case number!
How many times does this happen? Well, considering that there are many cases that have already been heard by the Supreme Court, I would guess it has happened many times.
This is a HUGE waste of the court's time. These attorneys are not only blatantly mocking a program that was put into place to reduce backlog but they are creating even more backlog.
Tuesday, July 19, 2011
Let's Talk About Liz Adler - Part 2
The following is another possible reason why Liz Adler would want my attorney disqualified:
On August 25, 2011, we have a Motion for Summary Judgment hearing scheduled. We filed the Motion a few weeks ago. We are asking the Judge to rule that the Mediation Settlement of October of 2009 barred Adler from filing the same case against me a few weeks later.
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On August 25, 2011, we have a Motion for Summary Judgment hearing scheduled. We filed the Motion a few weeks ago. We are asking the Judge to rule that the Mediation Settlement of October of 2009 barred Adler from filing the same case against me a few weeks later.
Winning would mean that everything that happened after October 19, 2009 never should have happened, therefore, their $400,000 in fees never should have happened.
Get rid of Herman in an "ex parte" hearing and no motion for summary judgment. A distinct possibility!
July 19, 2011 Court Cases - S&C
Below are the Siracusa & Company court cases for July 19, 2011:
PCN-81-229714...a 30 year old conservatorship!
PCN-98-270694
PCN-05-287807
PES-07-289535
PCN-07-290038
PCN-07-290339
PCN-08-290878
PCN-08-290965
PTR-08-291803
PTR-09-292421
PES-09-293406
PCN-09-293061
PTR-10-293301
PES-10-293915
PES-11-294198
PGN-03-285147
PCN-81-229714...a 30 year old conservatorship!
PCN-98-270694
PCN-05-287807
PES-07-289535
PCN-07-290038
PCN-07-290339
PCN-08-290878PCN-08-290965
PTR-08-291803
PTR-09-292421
PES-09-293406
PCN-09-293061
PTR-10-293301
PES-10-293915
PES-11-294198
PGN-03-285147
Saturday, July 16, 2011
Court Cases for Monday July 18th
PCN-00-280632
PCN-01-282660
PCN-03-284706
PES-06-288231
PTR-08-291609
PCN-09-282714
PCN-09-292917
PTR-09-293073
PTR-10-293317
PTR-10-293351
PTR-10-294012
PGN-10-294208
PCN-10-294062
PCN-11-294276
PCN-01-282494
PTR-05-287596
PTR-06-289348
CHA-CHING! CHA-CHING!
Siracusa & Company Cash It In!
Coming Soon...
On July 13, 2011, Elizabeth Adler and her attorney the one that knows how to litigate (the other one doesn't) filed an ex parte petition to disqualify my attorney.
My next post will explore yet another possible explanation for their latest round of unprofessional and most peculiar behavior.
What a Racquet!
Parking, messenger service, certified mail, stamps, copies, lunches with conservatee, special litigators when there own attorney does not know how to litigate, trustee's bond, payroll service, office supplies, wages and payroll taxes for a caregiver convicted of a felony with no caregiving experience...not even a high school diploma or liability insurance, time spent going to the post office, bridge tolls, $50 to post one check in Quickbooks every month, $12.50 to post a bank entry, dropping off accounting data, filling out a stock proxy statement...
These charges are in addition to the percentage of the estate that the conservator charged. The percentage of the estate was $12,000 more than the hourly rate would have been in this particular expample. Now why are they getting a percentage of the estate and still billing for $50 to post a check in Quickbooks, filling out a stock proxy. If you have ever completed a stock proxy it takes less than 2 minutes including licking the stamp. He/she charged $25, dropping off accounting data, time to the post office. You know for a million dollar estate the bond is over $1000 per month and the conservatee pays it?
These people have no overhead. They have no cost of doing business. If they have a few conservatees, do they charge each conservatee for the payroll services each month? I happen to know that the conservator used in this example does have slightly more than a few. Jeez, the conservatee even buys the conservator's office supplies.
Then you have the conservator's attorney's fees:
Postage, messenger, parking, cab, copies, etc.
I have worked at KRON-TV, Serena Software, Verifone, Ericsson...I have never heard of a company that charged their customers/clients for copies, postage, the cab ride to meet with them, taking them out to lunch....
But you see, this is how they play the game! What a racquet!
*Based on a true story
Another One for the Books
How did this happen?
Well, her house was sold to a private party for $440,000. Then there were tens of thousands of dollars in attorney and conservator's fees. My conservative guess would be in the $125,000 range. There was the ex parte petition to set aside funds in an attorney trust account and another petition that granted periodic fees paid to the professional conservator. The attorney trust account and periodic fees order by the court insures that Siracusa and his pals got what was left of the woman's estate. Oh that's right, a reverse mortgage and a new will making the conservator the executor. How convenient, he will now get paid the stautory fee as executor. I'm sure they put enough money away in that attorney trust account to cover the executor's fee. Almost forgot to mention what it cost to draft that new will. I believe it was darn near $10,000.
The saddest part of this story is that the woman is now living, if you can call it living, in a medicare funded nursing home. They didn't even have the decency to allow her stay in San Franciso where she had lived for so many years. Instead, she was moved to Alameda which is much more convenient for the conservator.
I used to take great pride in the fact that I am a San Francisco native. Now, I am ashamed to be associated with a City that allows these despicable, disgusting acts to continue.
Friday, July 15, 2011
Beware of the Fiduciary
who claims...
"We can grow with your needs.
We are experienced in the full range of fiduciary services."
Experience in the full range of fiduciary services includes:
Trust and Estate Administration
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"We can grow with your needs.
We are experienced in the full range of fiduciary services."
Experience in the full range of fiduciary services includes:
Trust and Estate Administration
Conservatorship
Guardianship
Medi-Cal and Social Security Advocacy
Daily Money Management
Care Management
Home Care
Think about it...
In this example, the fiduciary is responsible for the conservatee, has total control of the money and can pay themselves whatever they decide to bill for their services even if they don't provide the services.
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