In my years as a pro se I have learned a lot about the "justice" system. I have learned that it is extremely flawed. Even if you have the best attorney in the world, have the law on your side, properly plead your case and have a mountain of evidence the outcome is a crap shoot dependent upon the personal whim and prejudice of the Judge.
I filed a motion to stay/vacate the sister judgment because I believed there was a motion pending in the district court. The Judge stated because it had been 75 days since I filed it, it was deemed denied by operation of law. The Judge stated that California Code of Civil Procedure 597 stated that there must be a "pending" motion. I accepted Judge Robert Hess' ruling as fair and even thanked him.
I then went home and filed a Motion to Stay Judgment Pending Appeal in the district court. I filed the motion on Monday and the hearing has not yet been set. The motion is pending and will continue to be pending until it is heard, denied, approved or 75 days have lapsed since I filed it. That has not happened. It had only been four days since I filed it.
I went back to Judge Robert L Hess with an emergency ex parte application stating a motion is pending in the district court. I gave him a copy of the motion and proof of service. He then stated I did not give him proof that it is pending. Yes, I did. He had a copy of it with the date. He denied my emergency ex parte application. I even told the Judge that he previously told me there just has to be a motion pending in the district court. He did not care. He was then rude and denied my motion. From my motion,
"California Code of Civil Procedure Section 597: Action is pending in this case. Defendant Cummins filed motion to stay court order pending appeal December 9, 2013. The motion has not been heard."
Below is from one appeal based on this same issue. This is the opinion from the appeals court,
"The relief to which a litigant is entitled upon a plea that a prior action between the same parties is pending and undetermined is the judgment specified in Code of Civil Procedure section 597 that the second action abate. We therefore reverse the order with direction to the trial court to enter an order pursuant to Code of Civil Procedure section 597 staying the Price action pending resolution of the Felix action."
I now believe that most people who want to be a judge want the power kind of like police officers. They want the power to do whatever they want. I believe over time their power goes to their head especially as they get away with crazier and crazier rulings. They see pro ses like me and don't think I will appeal. Oh, yes I will. I will also file a complaint against them and post it here. I just Googled a little and see many, many complaints against this Judge for this very same thing.
For the life of me I can't understand why a Judge would not want to rule properly and justly. As a real estate appraiser if I didn't like someone I could totally fuck up their appraisal and cause them grave financial damage and maybe even ruin their life. I have never, ever done that. I've never even had the desire to do that. My goal is to make the absolute very best appraisal that I can based on the property inspection and comparables. Sometimes I wish my ethical and proper grandmother had not raised me. Then I would probably be a lying, thieving, cheating, abusing wealthy bitch like other people.
Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.
I filed a motion to stay/vacate the sister judgment because I believed there was a motion pending in the district court. The Judge stated because it had been 75 days since I filed it, it was deemed denied by operation of law. The Judge stated that California Code of Civil Procedure 597 stated that there must be a "pending" motion. I accepted Judge Robert Hess' ruling as fair and even thanked him.
I then went home and filed a Motion to Stay Judgment Pending Appeal in the district court. I filed the motion on Monday and the hearing has not yet been set. The motion is pending and will continue to be pending until it is heard, denied, approved or 75 days have lapsed since I filed it. That has not happened. It had only been four days since I filed it.
I went back to Judge Robert L Hess with an emergency ex parte application stating a motion is pending in the district court. I gave him a copy of the motion and proof of service. He then stated I did not give him proof that it is pending. Yes, I did. He had a copy of it with the date. He denied my emergency ex parte application. I even told the Judge that he previously told me there just has to be a motion pending in the district court. He did not care. He was then rude and denied my motion. From my motion,
"California Code of Civil Procedure Section 597: Action is pending in this case. Defendant Cummins filed motion to stay court order pending appeal December 9, 2013. The motion has not been heard."
Below is from one appeal based on this same issue. This is the opinion from the appeals court,
"The relief to which a litigant is entitled upon a plea that a prior action between the same parties is pending and undetermined is the judgment specified in Code of Civil Procedure section 597 that the second action abate. We therefore reverse the order with direction to the trial court to enter an order pursuant to Code of Civil Procedure section 597 staying the Price action pending resolution of the Felix action."
I now believe that most people who want to be a judge want the power kind of like police officers. They want the power to do whatever they want. I believe over time their power goes to their head especially as they get away with crazier and crazier rulings. They see pro ses like me and don't think I will appeal. Oh, yes I will. I will also file a complaint against them and post it here. I just Googled a little and see many, many complaints against this Judge for this very same thing.
For the life of me I can't understand why a Judge would not want to rule properly and justly. As a real estate appraiser if I didn't like someone I could totally fuck up their appraisal and cause them grave financial damage and maybe even ruin their life. I have never, ever done that. I've never even had the desire to do that. My goal is to make the absolute very best appraisal that I can based on the property inspection and comparables. Sometimes I wish my ethical and proper grandmother had not raised me. Then I would probably be a lying, thieving, cheating, abusing wealthy bitch like other people.
Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.
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