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Most Discourtesous Litigant Ever

On May 26, 2016, I filed a Verified Statement of Disqualification in the court clerks office against Judge Lisa Hart Cole, Supervising Judge of the LA Superior Court, West District, Santa Monica, California, Department O.  Pursuant to Civil Code of Procedure, I attempted to serve the judge directly, but her courtroom was closed on that afternoon, so I served it on May 27, 2016.  The clerk in her courtroom tried very hard NOT to receive the statement for service, but I insisted because the Statute is pretty clear, I needed to file a copy with the clerk AND serve a copy on the judge personally, OR, on her clerk while the Judge was in her Chambers.

First, my position is that she was not permitted to make that determination on her own, but the Appeals Court upheld her actions in their June 17, 2016 denial of my Writ of Mandate.  I decided to file a new Statement of Disqualification to clarify my grounds for disqualification, but when I attempted to file and serve the new Statement on June 17, 2016, I learned that Judge Cole was currently assigned to a different courthouse.  This was the first time the Clerks office at the Santa Monica Division of the LA Superior Court refused to file a document.

I made a couple of other attempts to file the Statement of Disqualification before finally just leaving the documet with the clerk with instructions to file the document on July 27, 2016.  Unfortunately, I was not able to leave with a Conformed Copy because they refusd to stamp one for me.

The hearing on my Motion for a New Trial was scheduled to be heard on July 28, 2016 at which time I served a copy of the Statement on the Judge’s clerk.  Afte about 30 minutes of in chamber discussions, the Judicial Assistant came out and advised me and opposing counsel that there would be no hearing that day due to my statement and that we would be notified by mail of next steps.

As we were leaving the courtroom, I attempted to advise opposing counsel that I would have liked to advise them earlier that I was filing the Statement of Disqualification, but that the clerk had been refusing to file it, but she turned around and cut me off as we walked down the courthouse hall and proclaimed, with finger pointing that I was “the most discourteous litigant ever”.  I think she repeated it twice, and angrily stomped off.

I was left thinking, wow, that was professional.  I’m not an attorney, but I know I’m being victimized by this judge, and now by this courthouse, so I’m sure she know that as well.  Clearly opposing counsel thinks I’m out of my lane by continuing to litigate this case, but the bottom line is I suffered a significant loss (the losses still continue to mount as time passes and I further learn how my rights were violated and the unreplacable things that they discarded) when their client disposed of my personal belongings.  I will continue to fight until there are no legal options left.  In fact, I am so committed, that I have decided not to leave California when my case is over, something I have been planning for more than five years.  Instead, I am going t stay, and fight the corruption that exist in the judicial sytem.  I know this isn’t the only state with such problems, but I know this system really well, and I am now well equipted to take it on.

Complaints to the Commission of Judicial Performance

In November 2015, I filed my first complaint against the judge in my case with the California Commission of Judicial Performance, and they declined to investigate.

On July 22, 2016, I filed my second one, and I haven’t heard back yet, but I did decided that I was not a fan of the “secrete” evaluation process of complaints, especially after I read the statistice on how they seem to disregard complaints from self represented litigants.

Secrecy is the best way to cover and continue corruption, so I’m not playing the game, and I encourage everyone else to do the same.  Complaint about your judges abuse of descretion (or abuse of you) early and loudly.  Waiting for them to get better is like waiting for an abusive spouse or significant other to stop hiting you.  Not gonna happen.

I invite you all to join my facebook group and volunteer your time to provide an independent investigation of judicial complaints and evaluate the Commission on their deciscion to investigate complaints or not.  I am specifically looking to build a coalition of volunteers to avoid the potential for a corrupt process that sometimes comes when money is involved.

Before the end of 2016, I am planning to make a constitutional challenge against the Commission on Judicial Performance for the manner in which they have implemented their secret process of deciding whether or not to investigate a complaint and the manner in which it has violated the due process and equal protection of self-represented litigants.

This system can only change with a bonafide movement in the image of Bernie Sanders or Donald Trump and I invite you all to join me.  I will be seeking support in the form or affidavits, copies of your court case documents etc., and will do everything I can end the secrecy that currently infects the judicial oversight process.

She refuses to follow the law

Once again, Judge Cole orderd my Statement of Disqualification stricken as opposed to allowing another judge to make the determination on her qualification as is required by California Code of Civil Procedure 170.3.  The Code in question is pretty clear, it states”

170.3(c) (5) A judge who refuses to recuse himself or herself shall not pass upon his or her own disqualification or upon the sufficiency in law, fact, or otherwise, of the statement of disqualification filed by a party.  In that case, the question of disqualification shall be heard and determined by another judge agreed upon by all the parties who have appeared or, in the event they are unable to agree within five days of notification of the judge’s answer, by a judge selected by the chairperson of the Judicial Council, or if the chairperson is unable to act, the vice chairperson.  

On May 25, 2016, I in fact did ask the judge to recuse herself and she (very unprofessionally) refused to do so.  She ordered the first Statement of Disqualification stricken, and did so again with the Second, opting instead, she has disregarded this section, has determined on her own that my Statement was not legally sufficient and has set to rule on my Motion for New Trial on August 16, 2016.

The good news is I will still file my writ of mandate with the appeals court and this time, I will seek review with the Supreme Court if they deny my writ.  As I’ve said before, I will never quit, and this time, I expect to deploy a few secret legal weapons that will change the narrative.

After filing my Statement of Disqualification on July 27, 2016 (I’m sure they want to say it was July 28, 2016), I sent this e-mail to the Manager of Operations at the Santa Monica Division of the Los Angeles Superior Court, he was supervisor of the Clerks office who repeatedly blocked my efforts to file a Statement of Disqualification.

I copied members of the assembly and senate judiciary committee, current non-judge members of the California Commission on Judicial Performance, the non-judge members of the Council of Judicial Ethics and the Judicial Council as well as a number of other public and private government oversight bodies on the e-mail.  Hopefully, someone actually cares.

If I’m wrong in my intepretation, I invite any legal explaination, citation or statute that say’s so.  I’m not to proud to say I’m wrong, and I would love to move on from this, but history has taught me that when injustice is not resisted, injustice will simply continue.

I wonder what the purpose is….

I received a “Notice of Violation of Court Rules” which CitiMortgage filed in Court with a hearing date the same as my Motion for New Trial.  This was after the letter they sent me threatening that if I didn’t tell the Court about my audio recording of our September 11, 2015 hearings at our May 25, 2016 Summary Judgment hearing, they would inform the Court because they were “required to do so as officers of the Court”.

Now, I can understand why they were so spooked at the MSJ hearing that they never bothered to mentioned it that day, but I was still left wondering, after all the rules they had broken, why were they so concerned about having a record of one of the hearings.  That should be a good thing, right?Oh, unless, having their “arguments” made public is an embarrassment.  It reminds me of the DNC trying to focus the conversation on the leaked e-mails about Bernie Sanders towards who illegally hacked their systems to influence an election, rather than the real issue, which was the extreme inappropriateness of what was said in the e-mails.

After giving it some thought, I decided the notice was for the benefit of the Judge.  Maybe so they could prevent her from further putting her foot into her perjury, I mean mouth.  If the judge didn’t know that this recording was made, she would continue to say that her ruling was based on her understanding of the law.  It’s clear from listening to the audio, that even she doesn’t believe that.  I’m still not sure what the motives of this judge is, I can’t understand why she would risk her credibility this way, but I will find out.

The CitiMortgage Notice of Violation was accompanied with a CD containing the audio from the discovery hearing on September 11, 2015, which I also posted as part of a youtube video earlier this year.  I’m sure they all thought that the fraud they all participated in perpetrating upon the court that day, would be their word against mine for all eternity, and that they (especially a judge) would be about to paint me as a liar, or at least a emotional pro se who was exaggerating the truth because I was upset that the ruling didn’t go my way, now, they can’t make that claim.

I was never intending to enter that audio into the official court record for my case (LA Superior Court #SC117126), however, I’m so happy that Counsel for CitiMortgage, upholding to their integrity as officers of the court, have done so for me.  It will make a number of things I need to get done in the future easier and now, I don’t have to fight to have it entered into the record.

This audio, in effect, proves that the judge in my case perjured herself, (or lacks basic understanding of the law, which should be inexcusable for the supervising judge of the district) when submitting her verified response to my May 26, 2016 Statement of Disqualification executed under penalty of perjury.

There are a few words of wisdom I would pass along to anyone who might find their self being pushed around by the “insiders” of the legal system.  Channel your inner Trump and punch back hard when you are wronged.  Do everything you can to investigate your position, research case law on your issue, post questions on forums like avvo.com or justanswer.com  where you can post a question and attorney’s will respond (make sure you tell them please don’t respond to you by saying you need to “get a lawyer”), or avvo.com has a $39 phone consultation with an attorney.  I used this service once at midnight when I got a erroneous tentative the day before the hearing, and he saved me a lot of time and grief.  When I entered court the next morning, I was organized, and confident and I ultimately won that battle (although it would appear that my all-nighter resulted in not having tentative rulings for my case posted in advance).

If you need more help, try setting up appointments with attorneys who offer free consultations and see what you can learn. some wont answer direct/specific questions, but others will so keep trying until you can find someone willing to tell you if you are right or wrong and why.  If you find your arguments have not been properly considered, or the law is not properly applied, adopt a zero tolerance policy.  It’s hard work, but don’t be shy about motioning the court for claraficiation of their ruling or a motion to correct a ruling, even if they turn it down, you are making it difficult to be ignored.

If you let the little things slip, they will only become more bold in their disregard for you.  If it was a legit error or mis-interpretation of the law by an honest jurist, it will be corrected (or if it’s just an egotistical judge, at least the errors should NOT be one way against you only).  If it’s abuse of discretion or worse, don’t make it easy.

CitiMortgage Makes me Feel Super Important

Especially when I recently learned that CitiMortgage had manipulated google search results for my name.  It was subtle, but obvious to me (because I know the search results for my name, and I know how they operate).

They still don’t get it.  They probably never will.  I’m not trying to gain notoriety, I don’t want to be famous, in fact I cringe at the idea.  I don’t need a contaminated jury to win my case, I’m sure they know that, otherwise they wouldn’t be doing everything they can to avoid the judgment of a Jury.  They should be able to slam dunk me in a trial, right??

For that reason, I decided to have a little fun.  All you need to know is that this page isn’t the best page on my site and isn’t exactly what ProSeWeStand.org is all about.  Its basically to track the changes in search results on my name.

 

Search Results for Marina Boyd

Search Results for “Marina Boyd”

Here are my favorite search results

Forclousre Fraud Happens Every Day – David Day

CitiMortgage and their Legal Bullies (Video)

Judge abuses her discretion (Video)

I Sued A Judge and I (didn’t really) Like it.

But you won’t get these videos if you google my name, the first youtube page you’ll see is the account of another Marina Boyd who has only one video, a nice cookie recipe with 35 views.  Now we all know that’s not how google search is supposed to work, but it’s a nice quality video and the cookies look great, so please, by all means, give it a try.

I call this fun because in reality, they are helping me by manipulating the search results.  Some people don’t understand that not everyone is looking for 15 minutes of fame.  I prefer my privacy.  While the google stuff is quite amusing, there is nothing amusing about the illegal litigation tactics that have been employed in this case by Citimortgage and their legal bullies.  I will be coming for the bar cards of everyone who crossed the line in this case, in whatever state bar cult they belong to and I will do so with the same vigor and intensity that I pursued this case.  I am offended to the core when people act like they are above the law and the rules don’t apply to them.  The entitled attitude Citimortgage has displayed throughout these proceedings is offensive and pathetic.

But I digress from the lightness appropriate for the google manipulation.

Keep checking back, more fun coming soon.

It all started with an Unlawful Detainer

It seems like so long ago that this case begin with an unlawful detainer action following a foreclosure.  An attorney told me once he had never heard of anyone staying in a home so long following foreclosure.  At one point, the attorney for Citi didn’t show up for an Unlawful Detainer hearing, and the judge dismissed the case.

California Code of Civil Procedure Section 473 allows a party to vacate or overturn a dismissal by filing an affidavit of “mistake, inadvertence, surprise, or excusable neglect.”.  In this case the attorney claimed he had another case in Torrance, California courthouse on the day of my hearing, but surprise, surprise……I checked and it wasn’t true.

The attorney appeared indignant and defiant saying that “I accused him of lying in open court” (which I did), and he really wanted to defend his honor.  No, when I accused him of lying, I wasn’t 100% sure because it’s hard to filter through all the records of which attorney appeared in a court, even on a single day, but during my appeal, this attorney and I had to agree on a statement of “what happened” during all the Unlawful Detainer hearings in substitute of a court reporter.  The Judge, Hon. James K. Hahn (who I loved, by the way, even though he ultimately had to rule against me, he was the most patient and fair judge I have ever been assigned to and he is one of the reasons I know I haven’t lost my objectivity), sent me and the attorney to a conference room to agree on the statement for the appeal and I told the attorney outright, “give me the case number of the proceedings where you appeared on Torrance, CA on the day you missed our hearing, and I will withdraw my comments in open court, and take that portion out of the appeal completely.  I truly meant it.  I would NEVER want to accuse someone of something they didn’t do, and I certainly didn’t want to create a court record accusing him of lying if he didn’t.  Unfortunately, he couldn’t give me a number, and that’s when I was sure.

After I left the courthouse that day, there was a note on my car.  It was a threat of sorts and I think it was accusing me of hitting someone’s car while I was parallel parking.  I have always been suspicious of that note.

 

 

Never know what you might “discover”

Discovery was quite a nightmare for me in my case.  I wouldn’t say the Citi attorneys are in over their head, actually based on having talked to other attorneys they are pretty good, but they grossly miscalculated how this case is going to go.  I’m not ordinary.  I don’t mean that in a superior kind of way, more like a weird thought process kind of way.  When I notice people implementing their pattern on me (and trust me I believe in mental patterns and shortcuts), but I realize I won’t be falling into the normal role, I warn them.  I will tell them straight up, “that’s not going to work with me”.  Some people think I’m bluffing, others think I’m threatening, others just, well, I’m not a factor, cause they aren’t about to break from their normal pattern.  We all know these people.  Sometimes the first degree contact person will look into my eyes and know that I mean it, but if they report to a superior or they are a surrogate, rarely can they ever convince the person who doesn’t know me.

The first thing they can’t grasp is that when I issue the warning, it has nothing to do with me winning or loosing.  I can rarely convince people of that.  I’m not competitive by nature, so usually It’s something that is just personal to me, but if that other person somehow takes it as a challenge of sorts, they will double down.  I used to call it “doubling down on a loosing strategy”, and I would be so very confused.  But a few years ago, I realized they were actually doubling down on a winning strategy, just who do I think I am that I should issue my dumb “warning” to someone who doesn’t even know me, and they are supposed to set aside their winning strategy for life.  Ridiculous.  The good news is it usually results in a major life lesson for both of us.

I posted the above entire rant to introduce, my first round of discovery.  This was the minute that Citimortgage doubled down on their strategy for litigating against a pro se litigant.  Just a few months after giving my second warning I received

Request for Admissions

Request for Production of Documents Set One

Form Interrogatories

Special Interrogatories

Notice of Deposition and Request for Documents to be Produced at Depositions

I immediately knew what was happening, they were trying to bury me in paperwork, and therefore bury my case.  But wait, I got it in triplicate.  One set for my self, an identical set for my sister (who was a plaintiff at the time) and get this, an identical third set for my 14 y/o, including the Notice of Deposition.  I’ll comment more on that next year.

Just to be clear, I was completely overwhelmed, I just decided not to quit, and I’m not going to quit now.

Now if you read my post on Judge Lisa Hart Cole GRANTING Citimortgage Motion for Summary Judgment, you’ll understand why the “no quit” is required.  The reality is every time she continues to double down on her bias, she is making a better record for the re*%@ll that is coming when my case is over.

Marina J Boyd vs Citimortgage MSJ Hearing

I appreciate those of you who have reached out to discuss the your pro se experiences, trials, tribulations, and now and again victories.  After my recent “mistake” of hiring an attorney to prepare my Opposition to Defendants Motion for Summary Judgment and realizing he kind of slept walked through it and left me short on time to re-do it myself, I remembered the biggest advantage we have as pro se litigants.  Intimate knowledge and understanding of our case and the fact that we care more than any lawyer ever could, would (or should, actually).  That said, preparing the MSJ opposition was by far the most difficult filing I’ve done to date (it’s really more like four pleadings in one).

The hearing on CitiMortgage Motion for Summary Judgment was indescribable, so I won’t try, but I will post the transcript when I receive it.  In the meantime, as promised, here are the MSJ documents.  I won’t comment, because I don’t want to discuss strategy going forward, but I can tell you I have filed a motion for Statement of Disqualification regarding the judge assigned to my case, as well as a Notice of Motion for New Trial.

There are a massive amount of documents involved in a Motion for Summary Judgment, but the easiest and most important one if you want a quick overview is the Separate Statement of Undisputed Facts found here.

CitiMortgage Motion for Summary Judgement  or in the alternative Summary Adjudication

Plaintiff Memorandum of Points & Authorities in Opposition to Citimortgage Motion for Summary Judgement

Plaintiffs Evidentary Objections

Declaration of Marina Boyd in Opposition to Citimortgage Motion for Summary Judgment

Marina Boyd Pro Se Plaintiffs Complaint for Equitable Relief Against Judge Lisa Hart Cole (Judge was not happy I sued her)

Judge Lisa Hart Cole Tentative Ruling adopted as her Ruling on Citimortgage Motion for Summary Judgment

Minute Order GRANTING CMI’S Motion for Summary Judgment or Summary Adjudication  I kid you not when I say she literally made some of this up.  Either it was something that CitiMortgage didn’t plead in their Motion, or there was no evidence submitted where she said “the evidence demonstrates”.  It was a very twilight zone experience when I had to read it carefully to prepare my Motion for New Trial.  But here it is:

Motion for New Trial and (Exhibit A)

Just so no one forgets, here is the audio of Judge Hart Cole abusing her discretion:

 

Documents Coming Soon

Declaration of Mark Alston in support of Citimortgage Motion for Summary Judgment

Declaration of Cindy Swan in Support of Citimortgage Motion for Summary Judgment

 

 

Jameson vs Desta – CA Supreme Court to Review

Marina Boyd Sues Citimortgage Pro Se

Jameson vs Desta is possibly the most important civil case the California Supreme Court will hear this year, especially for Pro Se litigants who are more likely to struggle with the institutional cost inherent in civil litigation, and are more likely to request and be granted fee waivers.

Reading the opinion denying Barry Jameson’s appeals will make you scratch your head as the judge as much as admits that the ruling does not reflect just administration of the law.

The California Supreme Court granted Barry Jamison’ Petition for Review based on it presenting an important questions of law.  You can read the entire petition here, however here is a summary of the questions presented:

1.  Did the Court of Appeal err by permitting the trial court’s policy to never provide official reporters in civil trials to absolve the court of its obligation under Government Code Code § 68086 subdivision (b) to waive reporter’s fees for fee waiver litigants?
2.  Did the Superior Court abuse that discretion by adopting a court reporter policy that has the practical effect of categorically denying all indigent litigants access to court reporters, and thus their practical ability to make a record for appeal?

This case has been going on for a shockingly long time, as there have been judgments and reversals and remands and judgments again

See Jameson v. Desta (2013) 215 Cal.App.4th 1144 (Jameson III)
Jameson v. Desta (2009) 179 Cal.App.4th 672 (Jameson II), and
Jameson v. Desta (July 2, 2007, D047824) opn. mod. July 26, 2007 [nonpub. opn.] (Jameson I).

I know that lawyers, and judges (who are lawyers) and legislators (who are mostly lawyers) fancy themselves to be highly educated and intelligent people, but I dare anyone who is part of the “cult” that designs the law and rules of procedure as they are, to defend the process.  And, if they don’t know how to do it better, then I challenge the definition of intelligence and the value of being “highly educated”.  I certainly hope it isn’t intentionally done to repel those who are not part of the “bar club”.

This issue is personal to me because my own Writ Of Mandate, which I filed in October 2015, was denied due to inadequate record.  The Supreme Court has granted an extension for the filing of a reply brief which is due by May 16, 2016.  If I can get my MSJ Opposition and a discovery motion completed, I may just go rogue and file an Amicus Brief or friend of the Court letter in this case, I’m not sure if they will consider my legal arguments, however, I have comments to make on this case that I would like to be a permanent part of the record.  I invite others to do the same.

This Crusade Ain’t New

Marina Boyd Sues Citimortgage Pro Se

I kinda don’t think Citimortgage gets it.  Maybe nobody gets it, so let me try and explain.  This case is not all about the value (or according to Citimortgage “devalue”) of the personal property that they stole from me.  What it is about is who the hell do they think they are to take anybody’s stuff.  We should not have to be trying to decide what MY property was worth in a court of law.  I should have been allowed to make that determination in October 2011 by being allowed access to recover my personal property.

What Citimortgage did was appalling in it’s maliciousness, but it’s not Citimortgage that has me so ticked off, the banking and mortgage industry has done a pretty good job of generating a substantial amount of animosity against them from the general public without my help.  The truth is, ordinary people have gotten way to comfortable being run over by corporations and government agencies, but recent election results suggest that people are fast loosing patience for such an oppressive environment.

When this is said and done, it’s the legal and court system that will become the centerpiece in my crusade.  Access to justice shouldn’t take five+ years.  Attorneys shouldn’t be allowed to game the system, and if they insist on doing so, then we must not let them continue to be “in charge” of how the system works.  I’m not an attorney hater by default, but the law profession has institutional flaws in their private “Bar cults” that don’t serve the administration of justice and I’m about to mobilize an army of pro se crusaders who have A REAL change agenda, not just a list of complaints and we will turnover access and oversight of the courts to seekers of justice.

People who’ve followed my social media for the last few years, know, how frustrated I get at “movements” and “protest” which include no concrete plan of action to affect change, or who are demanding that someone else make the changes they seek without any specific solutions or even suggestions for solutions included in their rhetoric.  This will not be THAT kind of movement.  This movement will not demand oversight by some new government bureaucracy that is run by people appointed by the very people they are supposed to be policing, then leave that agency as a permanent budget line item and part of the problem.  No, not that kind of movement.  This movement will be measured, specific, detailed and effective.  Those who oppose the movement will reveal themselves to be beneficiaries of a system which is designed to allow access to the select, elite few and blockers of access to swift and complete justice for ordinary people.

This is not a new crusade.  I’ve been chomping at the bit since my custody case which started in 2004, conflicted about how to effectively police a system that needs to protect the privacy and innocence of minor children, but I now believe that that can be accomplished as well.

We know that necessity is the mother of invention and innovation, but many institutions fail to predict their demise until it is too late.  Blockbuster Movie Rentals is one of my favorite examples because they treated their customers horribly, charging late fees that were multiple times the retail value of the rented movie and there are many parallels in civil litigation.

Stay tuned, we will follow the money all the way to the end.