Friday, May 20, 2011

What Really Happened

I just got 3 more court filings from my ex-wife, totally about 100 pages. Part of it came by a process server, and seems to duplicate what I got before. She also responds to one of my filings, and begins:
On April 21 2011 and May 12, 2011, Respondent (hereinafter, "George") filed briefs in support of his OSC for custody and visitation, to be heard on May 23,2011. Petitioner (hereinafter, referred to in the first person) herein responds to George's 2nd brief. George has submitted at least nine sections of misleading remarks in his "brief' and supporting "declaration". Below, at the cost of a work day, I drafted the following response to address the misleading content in George's 2nd brief and declaration.

Every court brief and declaration that George has filed from 2004 through the present has been filled with misleading content, causing me to spend an average of at least one to two months a year of work time addressing George's intentionally misleading legal meanderings. A licensed attorney would not get away with this unethical behavior - why should George, who chooses to act as his own attorney?
She then goes thru a list of 9 alleged "misleading statements" from my brief. The first is:
The Court has accepted the May 2010 Ken Perlmutter recommendations for the ensuing 6-9 months. After that period expired, the Court notified him that it was necessary 'for an Updated Child Custody Evaluation to be completed by Dr. Perlmutter', and that there could be no further action 'until the update has been completed'.
She then explains that "What Really Happened" was that the court ordered:
When George has completed one of the three treatment plans, he may ask for an Updated Child Custody Evaluation to be completed by Dr. Perlmutter ... The case should not be calendared for Motion 2 to Modify Custody or Visitation until the update has been completed.
So what did I get wrong? It appears that she does not like my use of the word "expired". But Perlmutter was adamant that his recommendations were only temporary for 6-9 months, and that we would have to go back to him for an update after that.

Her second complaint is that I said this about Ken Perlmutter:
He has written a letter (attached) to the court saying that he "would not do an Update", and refusing to do any more work on the case. Moreover, he says that his neutrality and objectivity were compromised in June 2010. The California Board of Psychology is currently investigating his unethical behavior in this case.
She then argues that "What Really Happened" was:
Dr. Perlmutter wrote a letter to the Court stating that it would not be appropriate for him to serve in any capacity for our family, since he cannot guarantee his objectivity and neutrality, after having read George's posts on Yelp and his web sites, subsequent to his (Dr. Perlmutter's) deposition in June 2010. Significantly, George's Yelp Internet posting was in June of 2010. Dr. Perlmutter does not state that his objectivity and neutrality were "compromised" in June of 2010.
Again, I don't really get her point. She admits that Perlmutter lost his objectivity and neutrality, after having read my June 2010 web postings. So what is she trying to say -- that he did not lose his objectivity and neutrality until July 2010? I guess it is possible that he read my postings in June, but did not understand them until July. But either way, I think that it is fair to say that his objectivity and neutrality were compromised in June 2010.

I doubt that the judge is going to read this stuff, and if she does, then I doubt that she will be able to make any sense out of it.

3 comments:

Anonymous said...

“Every court brief and declaration that George has filed from 2004 through the present has been filled with misleading content, causing me to spend an average of at least one to two months a year of work time addressing George's intentionally misleading legal meanderings.”

Poor baby!

She sounds like the mom who asked the judge to award her the cost of the father’s legal fees because he “wasted all that money on lawyers” attempting to get a fair deal from the Family Law System when he could have just given HER the money instead of paying lawyers.

Anonymous said...

hi,

o.k. I'm a little confused. Sorry for this, but what's the deal with you having to complete 1 of the 3 treatment plans ? Did the doctor or court order some sort of treatment plans for you ?

Thanks in advance, and good luck with everything.

George said...

No, there weren't really 3 treatment plans. Perlmutter did not claim that there was any disorder that needed to be treated. What he did give was a choice of 3 visitation plans, with the visits supervised by a therapeutic supervisor. So I had about 10 visits with such a supervisor, but I would not call it therapy. She never made any suggestions.

After 6-9 months of visits, I was allowed to apply for an increase.