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No One Can Really Tell The Truth Like John Walsh

Corrupt Courts Devastate Hollywood – A Matter of Public Concern – by Scott Zwartz

KangaroosFebruary 12, 2015

Power Corrupts and Corruption Destroys

When the federal court called out California courts for pandemic ethical violations, it focused on the judges and the courts themselves more than on the “errant lawyers.”  Again, I link the LA Times article about the federal court so that people can see for themselves what the feds said about California courts.

http://lat.ms/1znOjpN January 31, 2015 LA Times, U.S. Judges See ‘Epidemic’ of Prosecutorial Misconduct in State,  By Maura Dolan

No court system infected with corruption can provide justice.  Generalities don’t help as much as real cases – let’s look at the Hollywood case of SaveHywd and HELP v the City of Los Angeles, BS 138370
http://bit.ly/1zbtGcw (Court website omits all of October and November 2014)

The Dishonorable History Which Gave Rise to the SaveHywd Case

Our illustrious Mayor Garcetti was once councilman for the heart of Hollywood, called council district 13.  I’m not superstitious, but the only more appropriate number for the district would have been 666.  While Garcetti proclaimed that his CD 13 was “revitalized” under his leadership, the facts show that CD 13 was literally destroyed.  Garcetti’s atrocious policies caused so many people to flee Hollywood’s core, that CD 13 ceased to be a legal council district.  In order to remain a legal council district, CD 13 had to steal portions of Koreatown and CD 4.
http://bit.ly/XjXmGk 1-3-2013 LA Weekly Hollywood’s Urban Cleansing by Patrick Range McDonald

Then, Judge Allan Goodman issued his January 15, 2014 Statement of Decision throwing out Garcetti’s Hollywood Community Plan as it had been based on “fatally flawed data” and “wishful thinking.”  One would think that things were about to get much better for Hollywood.  We all anticipated a new Hollywood Community Plan based on accurate data rather than deception. (Ooops, no one noticed that in January 2014 that the court was beginning its descent into Ethical Hell.)

Well, here we are . . .  More than a year later . . .  so where’s the new Hollywood Community Plan?   There is none.  Really all these mega-projects are being approved without even a draft of a new Hollywood Community Plan.  When The Honorable Judge Goodman, correctly in my view, threw out Garcetti’s Hywd Plan, we reverted to The 1988 Hollywood Community Plan.

That’s right, we are stuck with a Plan that is twenty-seven (27) years old!

OKAY, it gets worse from here – much worse!!!

The 1988 Hollywood Community Plan appears to have ended in 2010.   By its own terms The 1988 Plan’s Commerce Section did not extend passed 2010.  Judge Goodman did not know this fact, and thus, he did not do anything to extend the 1988 Plan.  Thus, the Hywd Plan to which we all reverted on January 15, 2014, had its Commerce portions automatically expire in 2010.

Now, the saga becomes sordid with court corruption of the exact type which so upset the federal court.  When the Feds said, “pandemic,” they meant the lack of ethics infects the entire court system.  Perjury has become like the Ebola Virus endangering the health of the judicial system itself. The pandemic of California judges’ closing their eyes to extreme attorney misconduct struck right here in the heart of Hollywood.

 

perjury
 Here’s the story with names, dates and culprits

SaveHywd, a grassroots unincorporated association, was one of the petitioners in the litigation over the Garcetti Hollywood Community Plan Update.  But, SaveHywd along with its lead attorney, Richard MacNaughton, were under attack in court by one of its own secondary attorneys, Frank Angel.  In August 2012, SaveHywd had retained Frank Angel, Esq. to provide CEQA supplemental advice to lead attorney MacNaughton at Mr. MacNaughton’s request. (Later in 2012 when attorney MacNaughton had a bout with cancer, Frank Angel was allowed to make court appearances.  Frank Angel still remained second fiddle.)

In September 2013, Frank Angel wanted to become Lead Attorney, but SaveHywd would not agree.  Thus, Frank Angel turned to a third party, a corporation, with a similar name.  This corporation, as Frank Angel had to know, was not the Petitioner.  After SaveHywd had been telling Frank Angel to knock it off and stop sabotaging the case by pretending that the corporation was the petitioner, Frank Angel filed documents with the court to have his own client, SaveHywd, removed from its own case so that Frank Angel’s new client, the corporation, would become the petitioner (and also make Frank Angel the attorney).

Yes, hard as it will be for attorneys to believe, Frank Angel became so bold that he even went into court and told judge Goodman to eject SaveHywd from its own lawsuit.  I doubt any attorney reading this article has even seen an attorney attack his own client in court, while still under contract to that client.

Frank Angel Violates The Essence of the Attorney Client Relationship
It is absolutely and completely forbidden for an attorney to undertake representation of a second client and oppose his first client oer the objections of his first client.  Flatt v Superior Court.  http://bit.ly/1F2WhYA

There is also a strong rule of professional conduct, forbidding this behavior. http://bit.ly/1KP320r

We Actually Have a Client’s Worst Nightmare

Frank Angel, one of SaveHywd’s own attorneys, went into court trying to get his own client ejected from its own lawsuit!  As the documents show, Frank Angel’s purpose was to make himself lead counsel.  The only way to become lead attorney was for Frank Angel to have his first client kicked out of its own case on the false representation that the corporation had superseded Petitioner SaveHwyd.

If any attorney knows of any case which permits an attorney to go into court and attack his/her own client’s right to exist, please email it to me ScottZwartz@gmail.com

Could Matters Sink Deeper into the Mud Hole of Dishonesty? Yes!

Frank Angel also gave the court SaveHywd’s confidential documents which Frank Angel had obtained as the attorney for SaveHywd.  This breach of confidentiality struck at the foundation of the attorney client relationship.  How can the attorney client relationship exist if the attorney may take the confidential information which he obtains from his client and then go into court and make his client’s secrets known to the public?

Yes, it gets worse

We have already traveled into a No-Man’s-Land of ethical wrongdoing which is likely unparalleled in American jurisprudence.

Frank Angel also shows Judge Goodman Attorney MacNaughton’s confidential assessment of Judge Goodman and how to best structure Save-Hywd’s case!  Now, SaveHywd’s stratgey is open to opposing counsel – in a case which may continue for years.

The Bottomless Abyss of Attorney Treachery

Yes, it has become farcical to again ask if matters would become more corrupt, but we are about to take a giant leap into the abyss of judicial corruption.

The public needs to see the facts. The public needs to see what actually happened.  This case affects everyone in Hollywood as it concerns the basic planning document which will determine Hollywood’s future for the next 50 to 100 years.

The Court’s Cover-up Begins

Faced with all this evidence of Frank Angel’s breach of duty of loyalty to his client and with his breach of his duty of confidentiality, Judge Goodman covers-up Frank Angel’s transgressions.

Frank Angel’s breach of duties was clear from the documents which Frank Angel himself gave to the court.  These ethical violations were not a He Said-She Said situation where Judge Goodman had to figure out who was telling the truth.  All of Frank Angel’s misdeeds were presented to Judge Goodman by Frank Angel.  All SaveHywd had to do was say, “Frank Angel is breaching his duties of loyalty and confidentiality,” and that ends the matter.  The Flatt v Superior Court Case (p 284) makes Frank Angel’s Disqualification automatic.

Rather, Judge Goodman does nothing

As a result in February 2014, SaveHywd was forced to bring its own motion formally advising Judge Goodman that SaveHywd had fired Frank Angel due to his breach of duties of loyalty and confidentiality and that the Court should cease to accept filings from Frank Angel.

On March 25, 2014, Judge Goodman not only covers-up Frank Angel’s wrongdoing but also he orders SaveHywd not to bring up the subject ever again in court! [Legal jargon was: denied motion with prejudice. If I were Jon Stewart, I’d have a field day the words “with prejudice.”)

On March 27, 2014, Judge Goodman signs an order paving the way for Frank Angel to be paid $250,000.00 in attorney fees.   Hmmm, just three days apart – (1) Judge Goodman covers-up wrongdoing that means Frank Angel would get no attorney fees, (2) Judge Goodman signs order allowing Frank Angel to get attorneys fees.  Suspicious minds might think the two order were connected.

How a Bottomless Abyss Becomes Deeper

Yes, yes, yes — we have already sunk farther into the darkness of corruption than attorneys can imagine, but like a movie where we bore to the center of the earth, the judicial cover-up becomes more fantastical than Jules Verne’s 1864 classic, A Journey to the Center of the Earth.

On December 8, 2014, Frank Angel, no doubt encouraged by Judge Goodman’s cover-up, files a request with the Court to order that Attorney Mac Naughton pay Frank Angel $27,600.00.  Why? Because Attorney MacNaughton says that he represents petitioner SaveHywd.  Wow, Frank Angel wants $27,600.00 because Attorney MacNaughton tells the truth.

Although Judge Goodman had covered-up Frank Angel’s breaches of duty, Judge Goodman had never acquiesced in Frank Angel’s outlandish claim that his corporation was the true petitioner and that Attorney MacNaughton was not SaveHywd’s attorney.

The Stage Is Set for Disaster for Judge Goodman

Because Judge Goodman had muzzled SaveHywd, ordering it not to bring up Frank Angel’s transgressions or Judge Goodman’s cover-up, none of this could come to light by SaveHywd.  There is, however, no order to prevent SaveHywd from revealing all the corruption when SaveHywd responds to Frank Angel’s motion to be paid $27,600.00.

Destruction of the Judicial System from Above

Like a lightning bolt out of the blue, Justice Paul Turner from the appeals court hurls down an order that Attorney MacNaughton does not represent SaveHywd!

What is so strange about this order?  Justice Turner had no jurisdiction over the matter.  No one had appealed the issue to the appeals court and no one had made a motion in the appeals court.

Jurisdiction

The US Constitution requires that a court must have jurisdiction before it acts.  No court may issue orders on matters where it has no jurisdiction.  Otherwise, you could wake up some morning to discover that the judge’s brother-in-law owns your house. When a court may act without jurisdiction, then judges can make orders at any time about anything without any warning to anyone.  Welcome to the new jurisdiction-free California court system!

Due Process

The US Constitution makes Due Process a part of every court in the United States and in every state court.  Due Process requires that a person have notice of what’s going on.  Due Process does not start with the Court Order depriving someone of life, liberty or property.

Justice Turner’s cover-up of Judge Goodman’s cover-up of Frank Angel’s outrageous behavior has burst through all limits on judicial authority.  We now have an appeals court justice just issuing an order when he knows he has no jurisdiction and he knows he provided no Due Process.

Cue The Supremes

After Judge Goodman’s cover-up of Frank Angel’s misconduct involved the appeals court, SaveHywd scurried off seeking Supreme Court intervention. Ha! Let’s be realistic.  SaveHywd would have done better to go to Diana Ross.

Who allows all this court corruption to exist?  Does anyone in their right mind think that the California Supreme Court will not perpetuate the cover-up?

When the federal court accused the California courts of turning blind eyes to unethical behavior, they were clearly speaking to the leader of the California court system – The Supreme Court.

We have seen similar behavior before.  The attorney who fights for constitutional rights is sent to jail.  http://cnn.it/1E0z45k   May 24, 2010 CNN Special Investigations Unit, Ex-lawyer Jailed But Not Charged With a Crime

Leaving aside Attorney MacNaughton’s anticipated imprisonment as happened to Attorney Fine, the more important matter is the harm to Hollywood.

Corruption Makes a Legal Morass Out of Hollywood Development

In 2010, Hollywood had 198,228 people, but many people living outside of Hollywood are also affected by the construction in Hollywood.  In June 2013, CalTrans has opined that one project alone, The Millennium Towers, will make The Hollywood Freeway congestion “disastrous.” http://lat.ms/1EhVS0z

Now hundreds of thousands of people and a multitude of projects have been thrown into a legal hell.  By its own terms, The 1988 Hollywood Community Plan Commerce Section was valid only through 2010 and there is no new Update.  No one knows where this legal mess will end.  The courts may just ignore the words in The 1988 Community Plan and rule in favor of mega-projects.  On the other hand, even if the courts were to rule that The 1988 Plan is in force despite the 2010 end date, how will these projects fair when passed under a 27 year old plan?  There is an independent legal challenge that a 27 year old plan is no plan.

The last word we heard from CalTrans was in 2013 when it said:

There are two bottom lines in the Caltrans analysis: one, the potential impacts from this mega-project [The Millennium] will make the freeway and surrounding streets more unsafe; and two, the failure to measure and properly mitigate these impacts violates the California Environmental Quality Act, or CEQA.

Over $2 Billion of new projects are being approved while Judge Goodman allows The City to proceed with no Hollywood Community Plan.  But for the  cover-up, we would have a Notice of Preparation and that means that CalTrans would already have prepared a new report on the traffic disaster which is being imposed on Hollywood.

Summary of Extreme Misconduct

Allowing an attorney to attack his own client in court destroys the attorney client relationship.  Allowing an attorney to give out his client’s confidential papers over the objections of his client also destroys the attorney client relationship.

The public has the right to know about judicial corruption in time so that people can try to do something about it.  If we wait until the courts have their way, the likely outcome will be Attorney MacNaughton is disbarred, in jail, and Hollywood will still have no Community Plan.

The power of the courts has to be confined to disputes where the court has jurisdiction, and the courts must allow Due Process.  Otherwise, a judge can take pot shots at whomever he wants whenever he wants.

1.    Frank Angel’s behavior is not theoretical; it is real.

2.    Judge Goodman’s behavior is not theoretical; it is real.

3.    Justice Turner’s behavior is not theoretical; it is real.

4.    The harm done to SaveHywd is not theoretical; it is real

5.    The harm done to Attorney MacNaughton is not theoretical; it is real.

6.    The harm done to Hollywood is not theoretical; it is real.

Will this unimaginable juggernaut of misconduct and judicial corruption stop?  No.  The Supreme Court has lead this judicial system which allows such reprehensible behavior to become ever worse.  The likelihood of the Supreme Court will take responsibility is less than one in infinity.

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