To recap, My attorney and my husband’s attorney agreed to move all current dates to a day in July. We were planning for my attorney to negation with my husband’s attorney. I felt like we could have come to an agreement. My husband’s attorney severely misleads him. She also worked with Charles Major before. I was confident once they looked at the numbers it would be easy for them to come to an agreement. But Judge Sarah Heidel sabotage that opportunity when she declined to move all the dates, even thought both parties agreed.
During our daughter’s graduation my husband told me his lawyer was his girlfriend, that he wasn’t paying her anything. During that time I didn’t believe him. This lawyer had done some unscrupulous things, but I thought he was just saying it to get under my skin. He said it while he was drunk so I thought he was lying. But after this June 21, 2019 I began to believed him.
On June 21st there were 3 hearings Motion to Reconsider Vocational Evaluation. My motion that the judge moved to my husband’s court date without my approval.
Motion to Compel Vocational Evaluation filed by my husband’s attorney
Motional to Compel Discovery.
First, I am going to begin by saying, I had no idea about this court date or these filings. I learned about this court date when Judge Sarah Heidel moved my court date of June 14th to my husband filing motion June 21st. I believe this was an attempt to eat up the small attorney fees awarded. The fact that Ariel Carter filed these motions demonstrates that this attorney is aware of this judge’s bias. She had no reason to file either motion prematurely. She realizes that Judge Sarah Heidel favors my husband because he is a white man. Ariel Carter could have easily called me to ask about any of these issues.
First the Motion to Compel Vocational Evaluation. I filed a Motional to Reconsider because I wanted to have an attorney as I have mentioned before. I didn’t know my rights and just wanted to assure that I wasn’t exposing myself to risk or violating my legal rights.
The 2nd motion was Motion to Compel Discovery. Ariel Carter claimed she mailed me something call Interrogatories. I never received any thing in the mail. Ariel Carter claimed she mailed them to me. Yet in all her correspondence with me and my attorney she never mentioned these Interrogatories. Go back to the email between Ariel Carter and Charles Major regarding moving the outstanding court date. She makes no mention of her request for discover. Before she can file a Motion to Compel Discover she must make an effort to Meet and Confer. Ariel Carter MADE NO EFFORT TO MEET AND CONFIR. Further, remember I called the associate Aletha Smith on April 18th to ask if she could recommend an attorney. If there were a Discover Request why wouldn’t Aletha Smith mention the discovery during our call? Also my husband and I attended my daughters college graduation late April. If there was a discovery request, why didn’t my husband ask me about it while were in New York together?
On the June 21, 2019 court date I planned to get record of current family cases that Judge Sarah Heidel ruled on. I wanted to demonstrate Judge Heidel’s attitude, demeanor and rulings were in direct contrast to how Judge Heidel presided over my divorce case. I observed Judge Heidel being lenient towards a white male who claimed to have cognitive issues. I observed Judge Sarah Heidel giving another litigant the opportunity to choose a medical evaluator amongst several that she named in a case where the husband was paying for the evaluation. I went to the hall to take a picture of the docket so I could research each case for comparison in my Motion To Disqualify. When I came back in the court room I attempted to cut off my phone while I sat. I have an Iphone. The button that cuts off the phone is adjacent to the button that takes a photo. I accidentally push the picture button. The phone flashed. I was startled so I went in the hall to completely cut off the phone. When I was in the hall an officer, a bailiff approached me. His name is Ojeda. He said someone said I was taking photos. I laughed and I said no I accidentally pushed the camera button when I was cutting off my phone. I said do you want to see where I accidentally took a photo. I showed him the blank photos I already had moved to the trash. I also showed him the photos of the docket that I originally went in the hall to record for my research. He said, ok. I asked him could I get a photo of his badge. He agreed. Shortly, after another bailiff came out. Casa, I again explained to Casa what happened. Showed him the docket photos on my phone and also the photo of Ojeda badge. Casa made a gesture that I shouldn’t have taken the photo of Ojeda badge. Ojeda appeared to be a nice and conscience bailiff. He realized I had made mistake.
Directing attention to June 21st Court transcripts from June 21, 2019. Line Page 2 14-28 I explained that my attorney subbed two days ago. I didn’t have representation. I told Judge Heidel my concerns with what occurred on the May 3rd court date. How Judge Sarah Heidel made personal attacks and discussed the case when I wasn’t present. I told her that I read the transcripts’, that they were inaccurate, that I wanted to hire my own court reporter.
The transcripts: The Court: I’m going to stop you. I don’t know what you’re talking about. The Respondent: I’m trying to explain. The Court: I actually don’t know what you’re talking about. The Respondent: you know what ma’am you don’t like me because I’m a black woman. The Court: Ms Gibson—(notice incomplete transcripts) The Respondent: Please—( incomplete transcripts) The Court: Ms. Gibson If you are going to interrupt me we are going to have a problem (Judge Sarah Heidel is interrupting me. Read through the transcripts, during every hearing Judge Heidel cuts me off, accuses me of speaking too fast or any other antic to deprive me of my rights)
Judge Heidel says she has no feeling about any of the people at the table. Judge Heidel goes on to state. “I don’t know any of you and I don’t have personal feelings. I have strong concerns about Judge Heidel saying she doesn’t know any of us. I am not a psychologist, but that sound like an unconscious slip of the tongue. I do believe she knows my husband. What I observed she always favors white males. I didn’t understand why my husband waited so long after filing for the divorce.
Transcripts from June 21st hearing, 2 page 5 line 2- 8. The respondent: I disagree. If you would allow me, I have transcripts to show proof that each time I try to speak, I’m interrupted. And every case here. I didn’t— this happens. All I’m going to ask you to do, ma’am is let me speak to what occurred on May 3rd. Please, in the transcripts , where you verbally attacked me. The Court: That’s not before the court today that’s not before the court. And unfortunately I can’t—(This part is cut off because she talks nasty to me. See my response. The respondent: I welcome you to show your bias. What I am asking for, ma’am is a continuance because I do not have an attorney. And the reason why I don’t have an attorney because they noticed the bias on your Mar ch(sic) 3rd transcripts So they’re afraid of you.
For brevity I urge you to read the entire transcripts, my exchange with Judge Sarah Heidel.
Transcripts June 21st page 6 line 18. The Court: Well Ms. Gibson I think you’re speaking to quickly for the reporter and I’m not following— Judge Sarah Heidel words are cut off. How many times has this woman cut me off? How many times has the woman accused me of speaking too fast. After review the transcripts up to this point the court reporter caught all my words. Judge Heidel words are cut off. The court reporter caught all my words.
When one reviews the transcripts Judge Sarah Heidel consistently misreprents my position. I didn’t have an attorney. I explained to her, the attorney had recently subbed out. I attempted to address the issues of May 3rd. Judge Sarah Heidel refused to address the issues. She ruled against me on May 3rd alluding to the idea that the attorney’s actions were negligent. If that is the case she should understand or surmise that I changed council for incompetence or inability especially after she strongly chastised my attorney and myself on May 3rd. Again, I am forced to represent myself in court when California Code 2030 states.
(a)(1) In a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party, except a governmental entity, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding.
I need to give additional background to the events of June 21. Judge Heidel swapped out the bailiff’s. Originally Ojeda was the bailiff. She changed to baliff Casa. Judge Heidel sent Officer Casa to the hall to talk to me. Officer Casa tried to get me to be angry with my husband. He made comments about betrayal. He attempted to make me angry with my husband. I made peace with my husband many years ago. My husband suffers from alcoholism. Many people will not acknowledge this is a disease. I urged my husband to stop drinking. This is part of what broke up my marriage. Officer Casa even tried to make an analogy that but for my husband betrayal we wouldn’t be here. I explained to the bailiff. That I serve a good God, that I was at peace with my husband and my divorce. I told him that Judge Sarah Heidel was a racist, once I got enough evidence, I would report her to the press. (This is where I made a mistake) Just like the Central Park Five others have to be complicit. Judge Heidel sent Office Casa to talk to me. It never crossed my mind. I actually thought he was trying hit on me. It didn’t’ dawn on me to what he was doing until what Judge Sarah Heidel said during the hearing. Before we went in the hearing, Casa said. Will you give me your phone so no one can claim anything. I didn’t understand why he asked. Because I showed he and Officer Ojeda my picture log. They saw the only photos where of the court dockets. I gave him the phone, I had no reason for the phone during the hearing. I later realized Judge Sarah Heidel told Casa to ask for my phone so she could put on the record that my phone was confiscated. The act of changing baliffs one can easily infer that there is some sort of collusion? Why did she change baliff? I should put on the record, that I believe Judge Sarah Heidel spoke poorly about me to Officer Casa. I believe after he witness the hearing he realized that she was bias. Judge Sarah Heidel made negative remarks about taking my phone. When she left the room. I look at the bailiff Casa and I said to him. “You set me up” Officer Casa didn’t respond. He looked guilty. He then asked me, did you go to college? I laughed and said of course. He realized that I made a good argument in court. Officer Casa appeared remorseful. After I thought about it I realize Judge Sarah Heidel told Officer Casa to ask me for the phone. He initially believed I was aggressive. After he and I talked he realized that she was trying to negatively characterize me because I told him she was a racist. While we sat at the table while waiting for the judge to return. I realized, she set him. I turned to Officer Casa. I said, you didn’t set me. She set you up!” He didn’t make a verbal response, but his body language told the truth. He was remorseful.
The Judge order that I undergo the vocational evolution. I filed a Motion to Reconsider because I wasn’t sure about my rights and wanted to talk to a lawyer before I agree. I filed the Motion to protect my rights. I hired C.O.R.E a week before May 3rd court date. Both attorneys’ agreed to move the June 14th motion to reconsider vocational evaluation to a date in July. I never had a chance to discuss the Vocational Evaluation with C.O.R.E. we were blindsided when she declined the request for the continuance. Judge Heidel doesn’t follow the law. She order the evaluation against what the law says.
Judge Sarah Heidel ruled against me and ordered that I pay $1500 for my husband court fees.
- The order may be made only on motion, for good cause. The opposing attorney doesn’t not make any argument for good cause.
- The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made. The proposed order doesn’t address “scope of the examination.
- The proposing party also must demonstrate the qualification of the examiner. The attorney does nothing to demonstrate the evaluator that my husband paid.
California Family Code 4331 (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the party’s ability to obtain employment based upon the party’s age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the party’s ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.
(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.
(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010 ) of Title 4 of Part 4 of the Code of Civil Procedure.
(d) “Vocational training counselor” for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code .
(e) A vocational training counselor shall have at least the following qualifications:
(1) A master’s degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.
(2) Qualification to administer and interpret inventories for assessing career potential.
(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.
(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.
(5) Knowledge of education and training programs in the area with costs and time plans for these programs.
(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.
Judge Heidel gave me $5000 is attorney fees in March. Then she requested that my attorney appear to request an continuance. Then Ariel Carter files a bogus Motion to Compel. The law says we need to Meet and Confer. I provide tangible evidence that Ariel Carter did nothing to Meet and Confir. Ariel Carter makes false accusation in court. She blatantly lies, Judge Sarah Heidel rules against me in the favor of Ariel Carter without one shred of pertinent evidence to support her claims. I never received a request for Discovery. This was Ariel Carter deceptive attempt to deplete what little attorney fees I was awarded. Ariel Carter knows this judge is showing extreme bias against me. My heart hurts because this woman is treating me so brutally when I didn’t do anything but be a good wife. I only loved and supported my husband even with him being an abusive alcoholic. Judge Sarah Heidel might as well have taken me out back and whipped me like a slave.
It is debilitating for me to read through everything this woman has done. How she blatantly attacks me. I spent 23 years with man, who abused me. I submitted evidence of his abuse ,but Judge Sarah Heidel refuses to acknowledge his abuse, but she believe testimony without tangible evidence. I am pushing myself to continue to read the transcripts to show the pattern of bias and failure to request evidence from the opposing attorney.
Every single court hearing Judge Sarah Heidel attempts to tarnish my credibility. I am pointing out my deficiency because I truly struggle. My husband left me Jan 5, 2018. I could have filed for spousal support immediately. Instead I drove ride share in a SUV for part of the year. Then Uber retired my vehicle after I was in a collision. I then rented a vehicle. Again, I was rear-ended. Then finally I was rear-ended a 2nd time in four months. I had major whiplash. I have a horrible concussion. Since this collision occurred, I have a feeling like my head is submerged in water. My ears constantly ring, I have short term memory issues, and train of thought. I have a severe sleep disorder; I am scheduled for a sleep study. I could have asked for spousal support a year before I did. My husband is an alcoholic. For a year I prayed he would get better. I thought he was going to AA, and was in therapy. But instead he was plotting on me. I am a human being. More so, I am a woman. Then I am black woman. I have challenges after challenges, because I was in a horrible toxic marriage for so many years. I developed the tools to endure emotional stress and pain. This woman is a Family Law judge, she should no way be sitting on a bench. If she has a disdain for black woman that is her prerogative, but she has a duty to be impartial.
Now the issues of discovery. Ariel Carter claims to sent a request or Interrogatories. I have been unemployed since 2008. I tried to do ride share 2018. Other than that I have virtually NO income. I went one year without requesting any spousal support. Pertaining to the Interrogories, after viewing them. There is not a question that concerns me. Why would I not respond to a discovery request? If an impartial person reviews my entire case, you will come to the conclusion that the opposing attorney is imploying deceptive and unethical tactics. Her job is to represent her client and do so as economically as possible. We have since went before another judge. Judge Lawrence Riff The 2nd judge asked for Declaration of Disclosure. This is essential to the divorce. My husband’s attorney and Judge Heidel has never mentioned this necessary document. Opposing councel had blatanly lied, she has never submitted any tangel efficence. In Ariel Carters response to spousal support she included photos from my Instagram. She was so sloppy in her deceit she didn’t read the caption. The photo was taking at a different event at a different time. My husband claimed that he gave me money to pay a bill and I didn’t pay again I submitted evidene that he is blatantly lying. Ariel Carter request for evaluation and she doesn’t even submit evidence of the evaluators credentais. Ariel Carter is reckless with her deception because she knows I am a black woman and she is well aware of how the general population views black woman. In the opposing attorneys tactics further demonstrates that this judge is racist and favors my white husband. Judge Sarah Heidel heard the hearing last on June 21,there were only the court officers in court. Every single person in the court room was aware of what she was doing and why she was doing. The biggest injustice is when the JUDGE, this pillar of our society, behave in such a way, even if these court employees know that what she is doing is wrong, it is a great chance they will behave in a similar fashion if they find themselves in an opposition with a person of color because Judge Sarah Heidel had given the unconscious message that this is acceptable.
If I still have your attention thus far!!! I AM MAD GRATEFUL. PLEASE CONTINUE