Petition updateCALIFORNIA STATE AUDITOR: FORENSIC AUDIT JUDGE DALE WELLS RIVERSIDE SUPERIOR COURT. Prevent the re-election of Judge Wells in 2017.Judge Wells sets OSC against attorneys with false CCP 177.5 sanctions. UNBELIEVABLE ABUSE OF PROCESS
N Aindio, CA, United States
May 11, 2016
Judge Wells has twisted the law in such an impossible way that no one can actually believe that a judge would apply law in this manner. An OSC for sanctions was set on 5/9/2016 for 5/10/2016 without any moving papers or the mandatory filed FL 300 Request for order form required for an order to show cause. The Set OSC lists CCP 177.5 FOR FAILURE TO COMPLY WITH CA FAMILY CODE 3064 AND CA RULES OF COURT 5.151. The docket reflects that there was no OSC filed, nor was there an adequate notice for this OSC that complied with CA rules of court and CCP 1005 and CCP 1010. Sanctions according to the statutory code may only be imposed for violating a court order not CA family code 3064, or CA rules of court. CA family code 3064 specifies " (a) The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California. (b) "Immediate harm to the child" includes, but is not limited to, the following: (1) Having a parent who has committed acts of domestic violence, where the court determines that the acts of domestic violence are of recent origin or are a part of a demonstrated and continuing pattern of acts of domestic violence. (2) Sexual abuse of the child, where the court determines that the acts of sexual abuse are of recent origin or are a part of a demonstrated and continuing pattern of acts of sexual abuse." CCP 177.5 specifies "A judicial officer shall have the power to impose reasonable money sanctions, not to exceed fifteen hundred dollars ($1,500), notwithstanding any other provision of law, payable to the court, for any violation of a lawful court order by a person, done without good cause or substantial justification.  This power shall not apply to advocacy of counsel before the court.  For the purposes of this section, the term “person” includes a witness, a party, a party's attorney, or both. Sanctions pursuant to this section shall not be imposed except on notice contained in a party's moving or responding papers;  or on the court's own motion, after notice and opportunity to be heard.  An order imposing sanctions shall be in writing and shall recite in detail the conduct or circumstances justifying the order". California rules of court 5.151, addresses the emergency exparte notification requirements and are not court orders. http://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_151 The case is IND1400036 - Riverside Superior Court
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