Archive for July, 2009

>Court Reverses Sanctions

July 31, 2009

>

Linda Paquette represented Vida Negrete in her petition to obtain a conservatorship over Bibiano Becerra in 2007.

Becerra had suffered serious brain and other injuries in a 2003 construction accident. He later recovered approximately $1.6 million in settlement, which was placed into a trust for which Negrete served as trustee.

San Diego attorney Parisa P. Farokhi was appointed as Becerra’s attorney and requested that all contact with her client be made through her.

In April 2008, Farokhi accused Paquette of having contacted her client without her consent and knowledge, which interfered with her representation of Becerra. Farokhi requested an order to show cause for sanctions or a contempt ruling, on the grounds that Paquette had violated the Rules of Professional Conduct in that manner.

The Fourth District Court of Appeal reversed an award of over $3,500 in monetary sanctions and attorney fees against a Pasadena attorney based on her alleged violations of the California Rules of Professional Conduct.

Div. One explained that San Diego Superior Court Judge David G. Brown’s imposition of sanctions was legally unsupportable because Linda Paquette had not violated a court order by disregarding a request by counsel for a proposed conservatee that all communications to her client go through her.

Full Article and Source:
Court Reverses Sanctions Against Pasadena Attorney

Advertisements

Court Reverses Sanctions

July 31, 2009
Linda Paquette represented Vida Negrete in her petition to obtain a conservatorship over Bibiano Becerra in 2007.

Becerra had suffered serious brain and other injuries in a 2003 construction accident. He later recovered approximately $1.6 million in settlement, which was placed into a trust for which Negrete served as trustee.

San Diego attorney Parisa P. Farokhi was appointed as Becerra’s attorney and requested that all contact with her client be made through her.

In April 2008, Farokhi accused Paquette of having contacted her client without her consent and knowledge, which interfered with her representation of Becerra. Farokhi requested an order to show cause for sanctions or a contempt ruling, on the grounds that Paquette had violated the Rules of Professional Conduct in that manner.

The Fourth District Court of Appeal reversed an award of over $3,500 in monetary sanctions and attorney fees against a Pasadena attorney based on her alleged violations of the California Rules of Professional Conduct.

Div. One explained that San Diego Superior Court Judge David G. Brown’s imposition of sanctions was legally unsupportable because Linda Paquette had not violated a court order by disregarding a request by counsel for a proposed conservatee that all communications to her client go through her.

Full Article and Source:
Court Reverses Sanctions Against Pasadena Attorney

>Judge Clark Munger

July 31, 2009

>

Death Served the Purpose

Youth Inspires Others

Attorney Bernardini and Judge Munger

Bernardini & Munger

A Grandchild’s Fight

Judge Clark Munger

July 31, 2009

Death Served the Purpose

Youth Inspires Others

Attorney Bernardini and Judge Munger

Bernardini & Munger

A Grandchild’s Fight

>Judge Considering Permanent Guardian

July 31, 2009

>

Nadya “Octomom” Suleman signed a contract in May with production company Eyeworks for her family to star in a reality show. Production on the show has begun, but Suleman’s 14 children are currently being kept off camera while work permit issues are considered.

Meanwhile, an Orange County judge is considering whether a permanent financial guardian should be appointed to oversee the children’s earnings from the show (reportedly $250,000 over the next three years) and ensure that they are not exploited.

On Monday, a California judge appointed a lawyer to temporarily oversee the estate of the octuplets.

Suleman’s lawyer said a hearing on guardianship is scheduled for Aug. 31 and that Suleman has a motion to dismiss the guardianship order set to be heard on Aug. 20“The appointment of a guardian most assuredly will affect the ability of Nadya to contract with a production company.”

Full Article and Source:
‘Octomom’ Nadya Suleman’s upcoming reality show now in production, lawyer says

See also:
Suleman Guardianship

Judge Considering Permanent Guardian

July 31, 2009
Nadya “Octomom” Suleman signed a contract in May with production company Eyeworks for her family to star in a reality show. Production on the show has begun, but Suleman’s 14 children are currently being kept off camera while work permit issues are considered.

Meanwhile, an Orange County judge is considering whether a permanent financial guardian should be appointed to oversee the children’s earnings from the show (reportedly $250,000 over the next three years) and ensure that they are not exploited.

On Monday, a California judge appointed a lawyer to temporarily oversee the estate of the octuplets.

Suleman’s lawyer said a hearing on guardianship is scheduled for Aug. 31 and that Suleman has a motion to dismiss the guardianship order set to be heard on Aug. 20“The appointment of a guardian most assuredly will affect the ability of Nadya to contract with a production company.”

Full Article and Source:
‘Octomom’ Nadya Suleman’s upcoming reality show now in production, lawyer says

See also:
Suleman Guardianship

>Follow-Up: The Gary Harvey Story

July 30, 2009

>

Sara Harvey recently made an appearance in Elmira court where she was told her brain damaged husband’s feeding tube would not be removed by Chemung County.

Hear her story here:
FLN News / Follow-Up: The Gary Harvey Story

More information:
Dying with Dignity: Follow-Up

The Gary Harvey Story

See also:
Interview With Harvey

Guardianship of Gary Harvey

Follow-Up: The Gary Harvey Story

July 30, 2009
Sara Harvey recently made an appearance in Elmira court where she was told her brain damaged husband’s feeding tube would not be removed by Chemung County.

Hear her story here:
FLN News / Follow-Up: The Gary Harvey Story

More information:
Dying with Dignity: Follow-Up

The Gary Harvey Story

See also:
Interview With Harvey

Guardianship of Gary Harvey

>FLDS Last Custody Case

July 30, 2009

>

The last FLDS child in Texas state custody is home — but not with her parents.

A Texas judge signed an order Thursday permanently placing the last child taken from the polygamous sect’s ranch into a relative’s care, ending the state’s involvement in the massive case.

The girl, now 15, was allegedly spiritually married to FLDS leader Warren S. Jeffs in July 2006 when she was 12. She was the only child of the 439 removed during a state investigation at the Yearning for Zion Ranch in April 2008 still in state custody.

Tom Green County Judge Barbara Walther ruled that Naomi Carlisle, an aunt, will have permanent managing conservatorship of the girl and has exclusive right to determine where she lives.

Walther granted Barbara Jessop, the girl’s mother, supervised visits with her daughter, to be overseen by Carlisle. The judge limited the rights of the girl’s father, Merril Jessop, to providing $180 a month in child support and getting her medical insurance.

Barbara Jessop also was ordered to pay Carlisle $180 a month to support her daughter.

The judge said the girl is to have no contact with Warren S. Jeffs, the imprisoned leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Full Article and Source:
Texas judge closes last custody case in YFZ raid

See also:
CPS Overruled Efforts

CPS Drops Case

CPS Seeks Permanent Conservatorship

CPS: Court Abused Discretion

Appellate Court: Right or Wrong?

No Right To Seize

Judge Bars CPS

FLDS Last Custody Case

July 30, 2009
The last FLDS child in Texas state custody is home — but not with her parents.

A Texas judge signed an order Thursday permanently placing the last child taken from the polygamous sect’s ranch into a relative’s care, ending the state’s involvement in the massive case.

The girl, now 15, was allegedly spiritually married to FLDS leader Warren S. Jeffs in July 2006 when she was 12. She was the only child of the 439 removed during a state investigation at the Yearning for Zion Ranch in April 2008 still in state custody.

Tom Green County Judge Barbara Walther ruled that Naomi Carlisle, an aunt, will have permanent managing conservatorship of the girl and has exclusive right to determine where she lives.

Walther granted Barbara Jessop, the girl’s mother, supervised visits with her daughter, to be overseen by Carlisle. The judge limited the rights of the girl’s father, Merril Jessop, to providing $180 a month in child support and getting her medical insurance.

Barbara Jessop also was ordered to pay Carlisle $180 a month to support her daughter.

The judge said the girl is to have no contact with Warren S. Jeffs, the imprisoned leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Full Article and Source:
Texas judge closes last custody case in YFZ raid

See also:
CPS Overruled Efforts

CPS Drops Case

CPS Seeks Permanent Conservatorship

CPS: Court Abused Discretion

Appellate Court: Right or Wrong?

No Right To Seize

Judge Bars CPS