Saturday, October 3, 2009

What Will it Take to Get An Impartial Hearing?

Janet Phelan
258 A Street 1-15
Ashland, OR 97520

October 1, 2009

Re: RIP 080974

To the Presiding Judge of Riverside County:

I previously wrote you concerning judicial misconduct by Commissioner John Michael McCoy. Following my letters of August 7, 2009 and August 9, 2009, Commissioner McCoy was removed from my case, effective August 10th.

I am now writing you with similar concerns about Judge GaryTranbarger, Dept. 7, to whom my case has been assigned. You may recall that one of my complaints concerning McCoy was that he violated his duty to act and ordered into the file my Request for Continuance. A judge has a duty to act.

Judge Tranbarger is now also failing to act on this Request. The continuance is vital for my case, seeing that—ludicrously—the Motion to Compel Discovery is to be heard at the same time as the primary suit (bad scheduling on your part!). The fact that Judge Tranbarger is also ignoring this Request, which I refiled on September 21, 2009, is not only alarming but illegal.

I also have grave concerns about why Tranbarger has scheduled my primary suit, The Petition for Surcharge and Tort against Melodie Z. Scott and J: David Horspool, at both 8:30 a.m. and at 1: 30 p.m. on October 8th; 2009. As the Motion to Compel Discovery is also calendared for 8:30 a.m. on October 8th, it appears that Tranbarger is planning on denying the Motion to Compel and moving ahead with the primary suit after lunch. The implications of a judge so prejudiced as to pre-plan his decisions in advance of hearing arguments is unspeakably heinous and is grounds for removal from the bench.

You might recall that I voiced concerns about possible money-laundering activity by McCoy, given the prodigious numbers of reconveyances on his property. Parenthetically, I did note that the case was originally reassigned to Judge Sharon Waters. Upon my contacting the Riverside District Attorney concerning Waters’ reconveyances, I noted that she was then also removed from the case and that Tranbarger was then assigned. While Judge Tranbarger’s reconveyances would not arouse alarm or suspicion, the court needs to know that I am fully aware that there are other ways that Riverside County judges appear to be receiving illegal pay-offs and I am researching Tranbarger’s involvement in these.

If you have a judge who is assigned to Riverside Superior Court who does not violate the law in his behaviour on the bench, I would ask most sincerely that you assign him or her to my case. I have endured grievous and repetitive harm at the hands of your court and the time for justice is long overdue.

I am taking the liberty of sending this correspondence to the Assembly Judiciary Committee and elsewhere. Please get back to me at your earliest convenience.


Janet C. Phelan

Cc: Assemblyman Dave Jones
Janice Rocco, Assemblyman Jones office
Jack Leonard, Los Angeles Times
Mark Gutglueck, San Bernardino County Sentinel
Philip Carrizosa, Judicial Council
Ray Fernandez
Lou Ann Anderson


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