Another Note to Promote Justice for JUDGE CLAUDIA SILBAR and a note to my old executive friend whose Husband is set to become SENATE MAJORITY LEADER
In order to expedite the legal process, move the docket along and in the interest of Justice; I thought I would write another note to JUDGE CLAUDIA SILBAR. Also note to my old executive friend whose Husband is set to become SENATE MAJORITY LEADER.
When I clerked for the wise, collaborative, honest and fair Judge who took his responsibility of enforcing Justice for all in accordance with the law and the legal processes very seriously; I learned many important lessons.
***I learned not only learned important lessons about the Law but I also learned many important lessons about Character, Morals and Justice.
When the Judge was on the bench; I would organize his case files so he could quickly read my summaries and become apprised of the facts and issues with an understanding of the laws involved that the parties were requesting he rule upon.
I made summaries of all the facts, issues and the law and also accepted the telephone calls regarding updates and changes so the docket could move along very expeditiously.
When the Judge wanted to clarify a point of law he would take a recess and come to my office which was right outside his Chambers.
He would tell me that he took a ten minute recess and wanted me to research a particular point of law so he knew how to rule when he reconvened in ten minutes. I had to use the key numbers and quickly do this which made me very nervous. But, I seemed to always obtain for him the verification he was looking for.
He really stretched my capabilities which taught me so much.
I also helped write the Judge’s opinions and attended the mandatory settlement conferences and his private arbitrations and mediations. I always sat next to him and passed him notes of questions I had so he could consider them and ask the parties or witnesses or evaluate them himself.
We often had lunch together when he was not meeting with the other judges for their weekly status conference and we talked a lot about the law, politics and morality. He helped form my ideology to always stand up to what you know is moral and just and make a positive difference in our world REGARDLESS OF WHAT OTHERS DO. He also encouraged me to expand my horizons with education and positive experiences and he used to remind me that “ignorance is not bliss.”
The following is NOT legal advice just helpful notes I know the Judge I clerked for would have appreciated receiving prior to a hearing.
So with those important lessons in mind, here is another note for
JUDGE CLAUDIA SILBAR for our hearing in a few weeks. I will also call her office and leave a message so she knows about these notes.
Your Honor, my filing of my Notice of Motion and Motion for “Adjudication of Omitted Assets; Reinstatement of Spousal Support; Set Aside of Judgment due to Fraud Upon the Court” was discussed at the very beginning of the transcript of the hearing on June 11, 2014 in your courtroom.
California Family Code §§2100-2113 requires as a matter of public policy, a FULL AND ACCURATE DISCLOSURE of all assets and liabilities in which one or both parties have or may have an interest must be made in the early stages of a proceeding for dissolution of marriage regardless of the characterization as community or separate, together with a disclosure of ALL INCOME and expenses of the parties.
Moreover, each party has a CONTINUING DUTY to immediately, fully, and accurately UPDATE that disclosure to the extent there have been any MATERIAL CHANGES so that at the time the parties enter into an agreement for the resolution of any of these issues, EACH PARTY will have a full and complete knowledge of the relevant underlying facts.
As you know, my ex-husband controlled the community estate worth millions since he has been a CPA since 1979 and has over 25 years of experience as a Chief Financial Officer and Financial Executive.
I TRUSTED HIM TO TREAT ME FAIRLY AND HONESTLY as I have a legal right to do pursuant to California Family Code § 721 which requires good faith and fair dealing and that NEITHER SPOUSE SHALL TAKE ANY UNFAIR ADVANTAGE OF THE OTHER.
In addition, §2102(a) mandates that from the date of separation to the date DISTRIBUTION of the community assets, each party is subject to the standards provided in §721.
Unfortunately, the Newport Beach Family Law Firm my ex-husband hired to guide him through the dissolution of marriage process and OTHERS also, have assisted my ex-husband in showing a clear pattern of circumventing MANY laws and legal processes including §721.
As discussed at said hearing on June 11, 2014; I am very concerned and confused why YOU have not either adjudicated the previously unadjudicated community assets or set aside the judgment as the law requires that YOU do.
Here is a list of the nondisclosed, concealed, omitted and thus unadjudicated assets that I know about thus far since my ex-husband controlled the community estate.
These assets are listed on the exhibit list of said Notice of Motion and were discussed at the hearing in your public courtroom:
1) Distributions of over $1.7 MILLION DOLLARS received by the community estate in 2007-8 right before the divorce that were never accounted for.
My ex-husband along with the Law Firms who represented both my ex-husband and myself during the dissolution of marriage process have refused to disclose this information to me and have refused to rectify this issue pursuant to the law.
One of these distributions; $455,500 for NAMCO Partnership was one of the assets of the “Mark F. Hassman and Sara Hassman Trust” where the original Schedules of Assets that were signed and initialed were substituted with different Schedules of Assets that were not signed and initialed and reclassified NAMCO Partnership as separate property of Mark F. Hassman when it was listed on the original signed and initialed Schedules of Assets as community property under limited partnership.
These difference schedules were discussed extensively at the hearing on June 11, 2014.
*****You know my ex-husband received assistance in reclassifying trust assets and removing them from various trusts and then not accounting for their disposition all WITHOUT my knowledge and obviously without my consent.
I know you are aware that despite his unilateral transfer of trust assets; they all remain community property. [CFC §761].
I never RECEIVED my community property interest in the distributions of $1.7 million dollars made to the community estate. My ex-husband along with the Law Firms who represented both my ex-husband and myself during the dissolution of marriage process have refused to rectify this issue pursuant to the law.
******You also know there are SERIOUS penalties for nondisclosure as California views the obligation of disclosure of utmost importance in the Pursuit of Justice and Public Policy of having a fair and equitable dissolution of marriage.
2) “The Mark F. Hassman and Sara Hassman Trust(s)” were concealed assets as were Insurance Trusts and other Trusts along with their Value and the other required Material Information. This was also discussed at the hearing on June 11, 2014.
My ex-husband along with the Trusts and Estates Law Firms and the Law Firms who represented both my ex-husband and myself during the dissolution of marriage process have refused to disclose this information to me and have refused to rectify this issue pursuant to the law.
3) The Paul A. Moote & Associates, Inc. 401k Profit Sharing Plan and The Paul A. Moote & Associates, Inc. 401k Profit Sharing Plan AND TRUST were also concealed along with their Values and the other required Material Information and this was an exhibit on my RFO filed with the court on May 7, 2014 and also discussed on June 11, 2014.
My ex-husband along with the Plan Administrator/Sponsor have refused to disclose this information to me along with the Law Firms who represented both my ex-husband and myself during the dissolution of marriage process and have refused to rectify this issue pursuant to the law.
4) Although Moote Pointe Partners, LLC was listed on the stipulated judgment; its Value and other Material Information was not disclosed including but not limited to the $2.5 million dollar building it purchased during the marriage.
I never RECEIVED any distribution with regard to my community property interest including my interest in the $2.5 million dollar building.
This was also discussed and my ex-husband along with the Joint Venture Partners have refused to disclose this information to me along with the Law Firms who represented both my ex-husband and myself during the dissolution of marriage process and have refused to rectify this issue pursuant to the law.
Your Honor, I have many more undisclosed, concealed, omitted and undistributed community assets so I will continue the list tomorrow.
I know the Judge I clerked for would find this list helpful so I hope you do also.
Now, to my old friend Elaine Chao who is a very accomplished woman in her own right and whose husband Mitch McConnell is set to become SENATE MAJORITY LEADER.
I have not see Elaine since my divorce because I used to see her at the Harvard Business School reunions when I accompanied my ex-husband because he and Elaine were in the same class section.
Elaine and I have many interests in common.
When I first met her, she was the President and CEO of United Way and was eliminating all their corrupt and inefficient policies and replacing them with more economically feasible and morally sound ones.
She has a very impressive presence and carries herself, as she did last night on television, with a very classy, impressive demeanor which I always admired.
After making her very respected and impressive mark at United Way, Elaine became Secretary of Labor at a very tenuous time but used the resources she had and made the best of it.
Elaine and Mitch do not have any children but Elaine has many nieces who she mentors and has helped them make many accomplishments.
I am thrilled for her and Mitch and I think the next two years should be very interesting since many in our Country spoke very clearly yesterday by exercising their freedom to vote advocating a desire for many changes in our government policies.
I am hopeful Mitch with Elaine by his side will make wonderful changes for our country!!!
Many are trying to do their part making the United States a better place for ALL; myself included; regardless of what others do as the wonderful Judge I clerked for taught me.
-By Sara Hassman, Parental Alienation Solutions, Founder; www.PAlienation.org