Tuesday, December 20, 2005

Court ignores its own order

I just got this order in the mail:
This matter came on for hearing pursuant to notice.

Both parties are present in court, in pro se.

This matter is on calendar for several matters, all of which are decided in open court except two taken under submission. This Order After Hearing disposes of one of the remaining two issues; specifically, whether $6,500 in attorney fees is in addition to, or included in, the $20,000 attorney fee Order by Judge Kelly.

The court looks to the Minute Order of May 13, 2005 after having queried Judge Kelly. It is clear that the $20,000 is in addition to the previous order of $6,500. The total fees ordered paid by Respondent to Petitioner's attorney is $26,500.

The language of the Minute Order is clear, plain and unambiguous.

Respondent is ordered to pay the Bosso Law Firm $6,500 within ten days of this Order being served upon him.

DATED: December 16, 2005
So Commissioner Joseph queried Judge Kelly and looked at the May 13 Minute Order, but he didn't look at the order that Judge Kelly signed.

What actually happened was that Judge Kelly ordered me to pay $20,000 in legal fees, including the $6,500 I had already paid. My ex-wife's lawyer, Ms. Gray, tried to get Judge Kelly to sign an order saying:
A. Respondent is ordered to pay Petitioner's attorney's fees in the amount of $20,000.00. Said amount may be made in installments of $5,000.00 per month beginning June 1, 2005. Payment shall be made to Bosso Williams, APC, P. 0. Box 1822, Santa Cruz, CA
Judge Kelly signed it on July 15, 2005, but only after writing in "Respondent is credited with $6,500 in attorney's fees." He wrote it in his own handwriting, and initialed it.

Ms. Gray was very unhappy about it, and wrote:
Dear Judge Kelly:

I received the court's signed and filed FOAH for the hearing before you on May 13, 2005, in the above matter, which includes your handwritten notation concerning the issue of my client's attorney's fees. Your note indicates "Respondent is credited with $6,500 in attorney's fees." My recollection of your statements regarding attorney's fees differed from your notation. ...

In light of the transcript, your intent at the time of the hearing seems clear. We would appreciate a second review of the transcript against your hand written notation.

Respectfully submitted,
JJG/b Jennifer J. Gray
So I have an order from Judge Kelly that says that I am to be credited with the $6,500, and I have an order from Commissioner Joseph that I have to repay the $6,500.

I don't get this at all. If there is something wrong with Judge Kelly's order, then it seems to me that it needs to be rescinded or corrected or something. I don't see how Commissioner Joseph can just issue a contradictory order without even referencing the other order.

1 comment:

FindingHeart said...

Your blog goes back a ways. All divorce hell related? What is a good first couple of steps to prepare myself when she finally gets serious enough to file? What can I do to benefit myself and retain more than just weekend custody? I can prove extramarital relationship on her side.