Our lawyer informed us that the court discounted the babymama attorney’s claims or her arguments at the unjustified hearing, and ruled at the bench that if she wanted to make any new motions, she needed to submit such motions by July 6th, 2017. Well Nothing happened, So we assumed when her flying monkey did not submit any further pleadings for relief, the matter was moot.
The lower court has no power to act or to intervene in matters that are already at the appeallate level. ( Cal. Code of Civil Procedure, section 916.)
A void judgment is a legal nullity, and because my husband had no other recognizable legal interests or standing status as a person subject to any other unrelated, collateral family law matters, the court had no jurisdiction to hear any unjustified petitions for reliefs.
But, at the end of July we received the court’s bizarre and corrupt “void on its face”ruling. Its issuance defies all manner of any judicial logic or sound reasoning. Apparently the judge forget her own oral rulings at the hearing, and later in her chambers after re-reading the unsupported merits, ( and by perhaps confusing the case with another case), decided she could go ahead and show her vindictive, biased nature by awarding unauthorized legal fees in the form of a sanction, against a man who was not ever even married to the other party, by invoking inapplicable, Ca. Family Codes under section 2030. Whic fee awards statutes are specifically restricted to only divorce related proceedings.
But the two people in question were never married, or “subject to” the court’s limited jurisdiction. The ruling was obviously against law, and an act beyond the court’s authority. Because the court had still had “no subject matter jurisdiction” over the parties presented, or any powers to hear the case, or its unsupported sham pleadings. The order is VOID ON ITS FACE, or a legal nullity, which can be ignored. In effect it is no judgment, because it is Constitutionally invalid and worthless.
The ALAMEDA COUNTY, CA. FAMILY COURT continues to act beyond its authority, and is OUT OF CONTROL. On every due process, constitutional level it is conspiring against citizens rights. ( See Tiltle 28 USC 241.) The judge, the dishonorable Alice Vilardi, was stunningly incapable, incapacitated or incompetent, to rule on these estoppeled matter. So at worst, her own actions showed how biased and covertly, corrupt she is. She has belligerently and flagrantly, abused her discretion and judicially authority, to commit color of law abuses, by using her limited judicial powers to destroy the substantive and Constitutional rights of the likes of men or ( disfavored litigants) she doesn’t personally like. Merely because they dared to cite the law to her, and or the legal standards that applied to the facts, to in effect, challenge her unjustified and unauthorized, previous orders, which constitutes invalid nullities, on appeal at the appellate level.
Which is the only reasonable interpretation one can draw as to why she decided to financially sanctioned my husband for $12,000 under inapplicable Family code sections such as 2030 and 271. She even failed to give any relevant, actual finding of specific, describable, conduct that could warranted such a sanction, … especially after she previously ruled the court had no further jurisdiction over the parties, because they did not live in California, and on top of that fact, they were never married. The Filing of an arguable appeal against an invalid, void order is not a frivolous act or an act that obstructs justice. The judge is acting beyond any reason, her abusing of her discretion in blatant defiance of the law is appalling.
The California Judicial Performance Review Board was asked to investigate these appalling, color of law abuses.
The family court is a kangaroo court, and it appears it is the rigged game to abuse men and to financially enrich the mooching ticks (lawyers) in the legal system looking for unjustified ways for their legal bills to be paid, either by fraudulent hooks or by outrageous crookedness.
Oh well, this miscarriage of justice just confirms that there is no fairness or justice in California courts where the corrupt judges refuse to apply the law, especially if they dont like the legal result. The intent of legislative acts or statutes law get conveniently tossed aside. And if you try and fight these injustices, you are financially ruined.
Update : as of August 2017, Judge Vilardi was forced to or chose to retire. Unfortunately we had to voluntarily dismiss the appeal because our incapacitated by cancer, lawyer failed to file the appeal within the 180 time limits allowed. His error has effectively obstructed our path to correcting the miscarriage of justice.
Why are we not surprised ! Our case is a nightmare inversion or perversion of every supposedly legal principle or doctrines of fairness. Be warned, in California, at the family law level, there is no attention paid to Fifth and Fourteenth Amendment’s, Constitutional guarantees of rights of privacy, or due process protections.
California obviously has declared itself as a sanctuary state from the U.S. constitution, because it is apparent that such rights do not apply where the result would be frowned upon.