Lynn v. Lynn had a “double sequestered” case file in the Los Angeles Superior Court, and the file is missing again.
This writer, Laura Lynn, was granted a change of venue to San Diego, twice, both times by Judge Thomas Trent Lewis. The first time, in July of 2014, the file was missing and never made it to San Diego. One of the now adult children of Lynn and Lynn sent a check for the transfer. It sat uncashed. Finally, Laura filed a fee waiver and the check was mailed back. Still, the file was missing.
In December 2014, Department of Child Support Services got a whiff of potential money coming to Laura from what was an unrelated lawsuit. DCSS attorney Roye Randall filed a petition for writ of execution in Los Angeles. The proper venue would have been San Diego. Commissioner Alan Friedenthal, who was ordered a severe public admonishment by the California Supreme Court for appearing biased and embroiled in the case has more influence in Los Angeles. He and his wife, Commissioner Stef Padilla, have been quite outspoken in their distaste for Laura. So, Roye Randall could expect a better outcome for DCSS and Timothy Lynn in Los Angeles than in San Diego.
If DCSS was fair and neutral, they would have filed in San Diego as per CCP 399.
Judge TT Lewis granted the writ of execution, then ordered Laura to hand over any money she won in the heretofore unrelated lawsuit. At the end of the order, he tagged on a sentence that said the case would now transfer to San Diego, gratis. No fee required.
But the file is missing again. It is not to be found in Los Angeles. It is not in San Diego.
Laura would like to file a motion to vacate the child support order, but knows Los Angeles is not the proper venue, and San Diego has not heard of the case. Meanwhile, Laura’s real estate license is suspended, she cannot leave the country, she cannot keep money in a bank account, and she cannot even give money directly to her now adult children; DCSS claims all Laura’s money should go to Timothy, the parent who was favored by the decidedly biased judge.
Laura is considering filing a Federal lawsuit against The Superior Court of the State of California. Civil suits against the court are impossible to win, if it is over a poor decision; even if a judge is caught on tape taking a bribe, there is total immunity from a civil suit. But there is a chink in the armor of immunity. Administrative errors are not covered.
The irony is, Timothy Lynn probably has a valid claim against the court also. If the case file was found, the court could argue there was no damage to Timothy, by the slow collection of child support. The file would show that no money was really owed to Timothy after-all. But with the file missing, Timothy could claim that Laura vacated the child support on a technicality…a missing file is valid reason to vacate an order.
Maybe, as Alan Friedenthal once suggested from the bench, we could all put our weapons down at the door and work together. Contentious exes become co-plaintiffs.
The irony of it all.
Appendix: The following is from the Trial Courts Record Manual for the State of California Administrative Office of the Courts. You would think it would particularly apply to a case, such as Lynn v. Lynn, PD016769, that was the basis for disciplinary action against a judicial officer.
1.2 Purpose of Records Management The provision of a complete, accurate, and accessible court record, created and available in a timely manner, fulfills one of the judiciary’s basic roles. The court record not only provides a record of the court’s decisions but also educates the public and establishes societal norms for behavior governed by the law. The purpose of developing a TCRM is to assist the trial courts in establishing a comprehensive records management program that meets the expectations of the courts and the public regarding this fundamental role. The establishment and continued operation of a comprehensive records management program is the responsibility of the court’s executive officer. The National Association of Court Management (NACM) Core Competency Curriculum Guidelines on Essential Components identifies what court executives should know and be able to do regarding the court record. The key abilities are described as follows: • Manage the court record-keeping function to produce a complete, accurate, and timely record of judicial actions and decisions. • Establish court records management policies and practices, including records preparation, records retention, public access, and privacy protections. A comprehensive records management program covers the creation, maintenance, retention, and destruction of trial court records. Each component may have several elements and objectives. The CREATION of the court record involves two sets of information. One set includes documents and other information provided by the parties to aid the court in making its decisions, for example, pleadings, motions, exhibits, and so forth. The litigants, the appellate courts, and the public must be able to see all the information the court considered in making its decision, except what has been sealed or is subject to rules protecting the confidentiality of the information. The second set is the documentation of what the court did and decided. This includes matters related to calendaring and case management, as well as decisions of the court and juries. For litigants and the public to know what they can, and cannot, do, they need clear information about what the court found the law to be and how it was applied in this case. 4 The MAINTENANCE of the court record addresses the continued existence and accessibility of the record. The record must be kept in a manner that ensures its completeness and availability both during the life of an active case and after it is closed, where the result may still be relevant to the parties and the public. It must also be kept in a manner that allows easy and convenient access to those wanting to see it. The court should be able to find the record easily when the record is needed. Making copies of the record should also be convenient and inexpensive. Finally, the format in which the record is kept should allow ready access over time, despite changes in technology, in particular, obsolescence of equipment and software required to access electronic forms of a record. Another aspect of maintenance is preserving the record’s integrity; the court record should be the whole record and nothing but the record. The system for maintaining court records should minimize the risk of misfiling, loss, or damage of the court record or any of its parts. Finally, good records management involves controlling who has access to the record or its component parts. There may be portions of the record that, by law or judicial decision, are accessible only to certain individuals, parties, or groups of individuals based on their role in the justice system. A good records management program should provide convenient and timely access to those allowed to see information, and prevent access by those not authorized to see it. The RETENTION of the court record relates to how long it must be available to the public. Some court records must be retained indefinitely; others have a limited “shelf life” and need not be retained. The DESTRUCTION of the court record is the final stage of a records management program. When the existence of a court record is no longer required, based on passage of time or a policy decision, the record should be properly destroyed. Whether the record ceases to exist, or becomes accessible only to certain groups, is a policy decision that the records management program must correctly implement. The goal of this TCRM is to provide direction to the court executive and staff on ways to develop and improve their records management system to fulfill the objectives of faithfully executing all custodial responsibilities pertaining to the court record.
What happens when you become become entangled with Justice Department employees who are involved in a Grishomesque conspiracy? It becomes almost impossible to know who is whom they say they are and who is out to get you.
My own experience with The Department of Justice started in 1996 when I filed for what should have been a simple divorce. I was going to file the papers myself. Then I went to an attorney and was told she could probably wrap things up for under $5,000. There was about $200,000 equity in our family home at the time. So I hired Barbara St. Ours.
The Commissioner on the case, Robert Zakon, seemed to favor my ex, building inspector Timothy Lynn. Later I heard rumors from three totally separate sources that Zakon had a sexual relationship with Tim’s attorney, Linda Grillo. Appellate case law authorizes a judge to continue on a case, even if he is schtupping one of the attorneys involved. As long as he is not married to the schtuppey.
Still I was granted a higher percentage of custody than Tim and possession of the family home.
Then Tim hit me, and the Sheriff “lost” the file. I heard later that the woman Tim said he lost his virginity to, called “Wham-Bam-Thank-You-Pam” by Tim, worked for the sheriff as a 911 operator. The man who was married to Tim’s sister said he heard that Pam Wells made the file disappear.
Barbara St. Ours told me I could move to San Diego and she would take care of getting the proper approvals, since Tim hit me. Unfortunately, St. Ours forgot to mention that she was close to suspension from the bar for commingling funds on a different case.
When I moved, Tim went into an ex parte hearing with Zakon, without inviting me. He did post a note on St. Ours door, but she was not in the office and was not even allowed to practice law anymore. Zakon took 100% of my parental rights away that day.
Then my oldest sister and her husband, Mary and Jeff Sherman recommended a highly paid Encino attorney named Gary Weyman to represent me. Supposedly, Weyman represented Jeff Sherman’s first wife when they divorced and she “took him to the cleaners.”
Weyman made an awful error, in that he forgot to invoke Family Code 215, which would have returned the children to me. Recently I hired an investigator to look into the Jeff Sherman divorce. She looked at the proper case, because it had Mel Sherman named as Jeff’s father. There was no mention of Gary Weyman as counsel for anyone.
Later, Zakon retired and Commissioner Alan Friedenthal took over the case. He was even more biased against me than Zakon. I assumed Tim’s parents James and Helen Lynn gave Friedenthal a bribe. They took out a substantial line of credit on their free and clear home just a day before Friedenthal made crazy rulings.
It was not until about five years later that I found Jeff Sherman had known Friedenthal since childhood and Jeff’s brother and sister-in-law were still Facebook friends with Friedie. It was obnoxious and creepy that Mary and Jeff never mentioned the friendship to me. It was outright unethical for Friedenthal not to mention it.
But why would my own sister make trouble for me with a family law judge? Besides that she is and always has been a control freak, family dynamics rivaled only on the season premier of Dallas, she and her children were given a substantial increase in inheritance because my parents were convinced to write my own children out of the “will”. Friedenthal had given full legal custody and almost complete physical custody of the children to Tim’s parents and Tim. My parents did not want Tim to control any inheritance my children received.
Though Friedenthal refused to recuse from my case when I asked nicely, filing a CCP 170.1 motion in 2008, he did recuse himself over a year later. In 2011 the Commission on Judicial Performance finally got around to having the California Supreme Court admonish Friedenthal for the apparent bias and embroilment in my case. None of his orders were overturned or even altered. The woman who took over the case as judge was a nightmare.
Judge Elizabeth Feffer is bright and has a professional demeanor, unlike Commissioner Friedenthal. That made her evil doings even more dangerous. One appellate decision regarding a different case called Feffer’s orders “Draconian”. Well put.
How does Feffer get away with what looked like misconduct to me and to enough people to get a recall on the ballot? It probably helps that she is married to a Supervising Investigator for the Los Angeles District Attorney’s Office, Justin Feffer.
Justin’s dad was recently deceased judge Irving Feffer.
Back in 1991, Justin shot and killed a man on his dad’s front lawn in Beverly Hills, according to a report in the L.A. Times. It was treated as an attempted robbery by the man who was shot, Jessie Khoe. My interaction with a member of the Justice Department Family Feffer makes me question whether we heard the whole story behind the slaying.
Call me paranoid.
But my entire case file in the family law case is “missing” again, and judges continue to write orders in the case. I want to file a motion to vacate all orders in San Diego, since the case was ordered transferred there, twice, but San Diego doesn’t have the file, so they cannot assign a case number.
One of my Dad’s favorite sayings: “Just because you are paranoid, doesn’t mean they aren’t out to get you.”
Thanks to “Sam” for providing the address of a fun and informative website. http://www.transparentcalifornia.com/salaries/search allows any member of the public to see what specific government employees in the State of California were paid in the past years.
For instance I ran my former spouse’s name, Timothy Lynn and found he was paid $110,718 in 2013 and $108,836 in 2012. The totals include regular pay, overtime and benefits.
If you do a general search of a category, for instance, all State employees, the results are in order of highest paid. I was pleasantly surprised to see the court administrators were not on the first page. The highest paid State employee was Joseph Dear, Chief Investment Officer, Public Employees Retirement System, with an annual total of $895,254.05.
I’m in the wrong line of work. I could retire off one year of Mr. Dear’s pay. I could retire me and each of my two adult children off $895,254.05.
No wonder it did not raise eyebrows when Judge Elizabeth Feffer said I earned about $400,000 per year. her husband Justin Feffer took in $179,103 as Supervising Investigator of the Los Angeles District Attorney’s Office in 2013. (Justin Feffer’s position may also shine some light on the fact that Feffer, Elizabeth and Alan Friedenthal were not charged with any crime when they allegedly separated mothers from children illegally, and then charged the mothers outrageous child support.)
The strange thing is, I can’t find any data for Elizabeth Feffer’s salary, Court Commissioner Alan Friedenthal’s salary, Commissioner Stef Padilla’s salary, (Stef is married to Al Friedenthal), nor Commissioner Debra Losnick’s salary. I did find data for Judge Richard E.L.Strauss, so the lack of transparency for salaries of judicial officers is not across the board.
“Sam” is a parent caught in an awful child custody and support battle whom I interviewed extensively over half a decade.
Sam is a licensed school teacher. Sam is really good with young people. Sam goes to church and understands biblical principles. Sam was given basically no contact with Sam’s own child during a family law case that spanned 18 years and spilled over into the dependency courts.
Sam was investigating appointed minor’s counsel William Spiller when my writing about corrupt court officials came up and we were connected.
Sam’s ex works for the government; a fire department. Sam’s ex brings home over $100,000 per year in salary.
Sam is supposed to pay the ex $100,000 in child support arrears. Sam is not allowed to have a passport. There is a threat of losing Sam’s teaching credentials. There is a threat of losing Sam’s driver’s license. Money is taken by levy from Sam’s bank account and pay checks.
Sam is a woman, but gender is not the issue anymore. Sam is a once affluent African-American. Race is no longer an issue.
Once a human decides to sever intimate relations with the other parent of her child, bureaucrats including judges and Department of Child Support Service workers force the human to let them decide what “the best interests” of the children are, what percentage of the human’s money should be spent on the children, and who will decide how that money is spent. Of course the bureaucrats take a percentage off the top for themselves, their campaign contributors and other cohorts.
Is this “in the best interest of the children”? Not.
Divorce is Big Business.
I paid attorneys about $100,000, and ended up with a pretty crummy child custody order. Then I started representing myself and things got worse for me and my children. The end result was two childhoods destroyed and a void child support arrears order against me of almost $250,000.
Actress Kelly Rutherford is reported by ET and other news media to have spent over $1,500,000 on attorneys in her custody case. After spending all this money, she does have joint custody, but her children are ordered to live in Monaco. It would be tough for Mom to just stop in for a parent-teacher conference during the day.
One report said Kelly Rutherford filed for bankruptcy because of the huge legal bill.
Here is something to consider: Child support arrears may not be discharged in bankruptcy, but attorney bills can be. Not that either option is pleasant, but it seems that racking up huge attorney fees, if it saves on child support, is preferable to going it alone and losing in court.
The best solution is to purge the court of dishonest judges (making the halls of justice a very lonely place), and to revise child support laws to either do away with any payments but the basic needs for survival, as in Scandinavian countries, or making the paying parent trustee of a trust for the children and depositing all payments directly into that trust.
Child Support Should Support Children. This is the name of a not-for-profit organization I am organizing.
The concept is simple, but California’s Department of Child Support Services, DCSS, decided to complicate things. The first page of their website states: California’s Child Support Services Program works with parents – custodial and noncustodial – and guardians to ensure children and families receive court-ordered financial and medical support. (Italicization mine.)
Child support is not spousal support. It is not meant to keep the former spouse in the style they have become accustomed to or would like to become accustomed to. It is meant to support children.
At first DCSS was only supposed to collect money to pay back the welfare system. But child support collection became big business, and Title IV-D gave an incentive to the state to collect bigger dollars.
The court, especially the family law court is a big piggy bank. Money goes into it from tax dollars, fees, and private party payments. Then a whole list of little piggies start pulling out. There are judges, bailiffs, court clerks, court reporters, file clerks, lawyers for both parties, lawyers appointed to represent the children, psychological-evaluators and social workers, Child Support Services case workers, Child Support Services attorneys, visitation monitors…I may be missing a few piggies, but I ran out of toes. Lots of people benefit from high conflict divorce; none of these people are children.
Child support is based on keeping the same standard of living for the child as the wealthier parent enjoys. I am not here to debate whether this is right or wrong. Though, some people think The State should stay out of our business. If we want our biological children to just get by, that is our prerogative. If that was the agreed upon way of doing things, child support would be uniform regardless of a person’s income. It would determine the cost to feed, clothe and shelter a child per year and make each parent ante up half that amount. But our government decided the amount it costs to raise a child depends on the wealthier parent’s standard of living.
My proposal does not address how the amount it costs to support a child is determined. It addresses how the support monies should be spent.
The present system is not working and it harms parent-child relationships. The present system takes into consideration the percentage of time a child spends with each parent, each parent’s earning potential, then has one parent hand over an equalization payment to the other parent each month. It encourages parents to fight for a higher percentage of time with the children, to get more child support, or to pay less child support.
I suggest the paying parent be required to set up an irrevocable trust with the children as beneficiaries, and the paying parent named as trustee. Since the trust is irrevocable, the money would eventually benefit the children. There could even be a clause that any remaining money or property in the trust becomes the adult child’s property at the age of 25, 21 or even 18.
Now the parent who seems to have a better ability to grow money is put in charge of deciding how the money is best spent.
For example, my family is wealthy and education is a high priority. But my former spouse didn’t care much for education. He liked spending money on trips to Vegas and vehicles for himself. He had sole custody of one of my sons and that son did not get driver’s education or a license until he turned 18 and moved in with me. He did not go to high school after the tenth grade, taking the GED instead. My ex did not pay for music lessons, tutors and the paternal grandmother, Helen Lynn, even shredded a book given to my son by my sister’s husband. The book was called “The Lucifer Principle”, so Helen Lynn presumed it was “evil”.
If I was trustee of the Child Support Trust Account, I would have paid music teachers directly, set aside a college fund and helped my son buy a car, so he could get to school and a job. Nobody walks in L.A. My wealthy parents would have been happy to contribute to the trust, instead of writing my children out of their inheritance.
Since my ex did not provide adequate nutrition, I could have had groceries delivered to the kid’s home.
Trusts are no more difficult to write than a custody agreement. Accounting would be simple, with equal payments going in monthly and a ledger of expenditures. For the more aggressive trustee parent, there may be investments made and investment income to account for. This is no more complicated than any of the other paper work done when a wealthy person divorces.
If the paying parent is low income and uneducated, it is still simple enough to have people who are case workers in the present system help the paying parent pay off welfare and then buy a grocery card for the children, similar to an EBT card. Case workers in the present system would probably be sitting around, twiddling their thumbs and looking at the job listing ads if the paying parent was made the trustee parent.
The same rules of contempt would apply if the trustee parent did not make payments into the trust regularly. Don’t pay in, go to jail. My guess is we would free up lots of jail space to incarcerate the real criminals. People who commit dishonest services fraud, for example.
Sure, there are little details to work out. Child care and health insurance may present an issue. But this might be solved by saying the first X dollars is paid to child care and health care. What we are trying to accomplish is to take out the financial incentive for one parent to try to get a high percentage of time with the children, and to give the income producing parent the opportunity to decide how all that extra money should be spent on the children.
Child Support Should Support Children.
Commissioner Alan Friedenthal was moved out of family law and given what the California Supreme Court called “a severe public admonishment” for showing bias and embroilment on four family law cases. My children were two of the victims of his absurd rulings.
Buddy and Sean are 20 and 24 now. They are beautiful boys. I am not just saying that because I am their mother; no bias here.
Buddy and Sean had a birthright. They were born into my family. My dad, Dr. Norman H. Kramer was raised in Boyle Heights. He went on to become the first person ever accepted to U.C.L.A. Medical School. He was married to the same woman until his death, about five years ago. He raised five daughters, each gifted and talented in her own way. Dad was a plodder. He told us girls, again and again, “go to class.” He paid for all the college we wanted to go to.
My oldest sister, Mary Sherman, married into a wealthy, Jewish family. Her father-in-law was Mel Sherman. The Sherman Boys, Biff, David and Jeff all went into the family business together.
Of no particular importance to this story, but just a fun little tidbit: David Sherman married Lisa Kudrow’s sister. So I could say “Lisa Kudrow is my sister’s sister-in-law’s sister.”
Another somewhat infamous connection in the first degree to David Sherman is Alan Friedenthal. Al went to the same elementary, junior and senior high as The Sherman Boys, Collier Street, Portola, and Taft. Here is a page from David Sherman’s Facebook:
What a coincidence! That girl above Alan Friedenthal named Jenna Sherman looks just like my niece Jenna Sherman. Ditto for Dana Fontine and Alexa Sherman. I verified that David Sherman’s friend Alan Friedenthal was the very same Alan Friedenthal of L.A.S.C. infamy. The link to this Alan Friedenthal showed someone who was friends with Mike Feuer, a Los Angeles political mucky-muck and Dennis Perluss, the appellate justice who kept denying my appeals.
Maybe I am just paranoid. But, another one of my dad’s favorite sayings was “just because you are paranoid, doesn’t mean they aren’t out to get you.” Smart man.
I wish I made the connection before my dad passed away. He had changed his family trust to exclude Sean and Buddy in 2009. This was probably with Mary’s counsel. My parents trusted Mary and loved the Sherman Family. Cutting my sons out protected my parents’ money from going to Tim Lynn, my ex. It also increased the amount of money going to Jenna, Dana and Alexa significantly.
The legacy left by Al Friedenthal is that Sean and Buddy didn’t get to spend much time with their maternal grandparents. They do inherit a nice little sum of money, more than most people get, but far less than they would have seen if Friedenthal was not involved. I give the majority of my inheritance to my sons, but Tim and CSSD are doing their darndest to transfer that money to Timothy, and perhaps Friedenthal. (Friedenthal never put on the record why he had a bias against me; it might have been a favor to The Shermans, it may have been a bribe or promise of a bribe from Tim and his parents, James and Helen Lynn. It may have been a combination of all these things.)
I do know Buddy, real name Branden, had no contact with his mother for almost five years, from his 13th birthday to his 18th birthday. I know Sean was only reunited with me after he fell under the jurisdiction of a different court. That judge placed Sean with me 100% of the time. Unfortunately Tim signed both boys out of school after the tenth grade. Sean managed to get an AA degree, but Buddy is floundering.
This blog and my future work in the court might make a difference in how the victims of unethical judges like Alan Friedenthal are treated when they “age out”. My goal is to have child support arrears paid to the adult children directly. Perhaps Mike Feuer and his cohorts in the legislature will pass a relief bill that pays the unjust child support bill for the non-custodial parent.
In the meantime, I am begging for funds. Please Pay-Pal to SeanLynnP@yahoo.com or BrandenJLynn@yahoo.com. Or send them email offers of employment in Los Angeles for Sean, the older son, or anywhere for Branden. They both are brilliant, write well, and grew up in construction and real estate families. Sean is a great actor and Buddy has an adventurous spirit. Thank you for any help you can give them.