I needed to hire an attorney. Aletha Smith
is was the co-council for my husband. During the 1st court appearance on January 2, 2019 Aletha Smith appeared on behalf of my husband. (Ms. Smith and I talked while walking to the elevator. She acknowledge that Judge Heidel was being nasty to me. She didn’t come out and say it, but she alluded to it. Black professionals have a way of acknowledging racial discrimination without directly saying, he/she is a racist. It is a way of protecting ourselves. She was very nice to me. I received good vibes from her. I called her to asked her to recommend a Black Attorney. I did so because I trusted her, and I felt like if she could recommend someone that she knew it could make the divorce less combative. When I called to inquire about an attorney Aletha failed to suggest an attorney. (This information is relevant, will be discussed later.
I attempted to hire an attorney with the $5000 Judge Heidel awarded me. I hired Simon Budwani with C.O.R.E. I was very impressed with this gentleman. I felt like he was God sent. He realized that the $5000 wasn’t enough for a marriage of this nature, 23 plus years. I currently had a Motion to Reconsider for the supposal support.I went to court unprepared for what occurred on February 7, 2019. I am assumed the judge would see I was housewives for the past 11 years. She would see our tax records and she would awards something to me. I needed to go to court with an attorney. I filed a Motion to Reconsider Spousal Support . There is a 10-day time limit after the hearing and finding after the order is submitted. So I filed within the appropriate time. I didn’t receive the $5000 attorney award until weeks after I filed the motion. It is very time-consuming to find a fair, competent divorce attorney. I met Simon,who I believed to be an ethical and compassionate lawyer. I hired Simon mid April. There wasn’t time to prepare for the May 3nd court day. We also felt like it was a great chance of resolving many issues outside of court.
Simon’s plan was to move the court dates to a future date in July. He would file a RFO Request For Order ( additional monetary award for attorney fees) Because I am not an attorney, I am not knowledgeable of the particular for a Motion to Reconsider for Supposal Support , Simon would update the Motion To Reconsider. He contacted the opposing attorney, Ariel Carter to ask if she agreed to move the dates. Please see the email correspondence below.Yahoo-Mail-FW-Gibson-Continuing-5-3-19-hearing
The $5000 award was well below what is necessary in a marriage of 23 years, with the specific issues within my divorce. Simon Butwani was trying to use the award as economical as possible. CORE’s administrator sent me document to sign and asked that I provide a credit card. I was unable to provide a credit card. I had been living on credit cards since my husband walked out on me. After being in a car accident and sustaining injuries, I was unable to drive for Rideshare. I expected the judge to award some type of financial support on Feburary 7, 2019 during the spousal hearing. I was unable to pay my credit card. My card were all maxed out. So again Simon was going to attempt to combine all matters, and ask for additional monies for attorney fees. When he and I spoke, he believe that the case warranted additional attorney’s fees, that he could justify additional fees.
When an associate attorney, Charles called the clerk to ask to move the court date, the clerk Deana told Charles that someone had to appear. This is very uncommon. I want you to take note, that when I called to have the March 14, 2019 date I was told as long as the opposing party agreed it would be fine. Why would someone have to appear to ask to move the dates? Judge Sarah Heidel didn’t award enough when considering a marriage of 23 years. Why would she want me to use money she awarded to come to court and ask to move the date? My husband’s attorney agreed to appear. She was there for another matter. In this case ,Judge Heidel instructed the clerk to say someone must appear. Ariel Carter agreed to appear and request a continuance. She said she would be at the court on other matters. This sounds very fishy to me at the very beginning. Now I am going to detail you on what happened at this May 3rd court hearing that I believed since both parties agreed to move the dates.
I am going to direct you to the May 3rd (transcripts Page 1 line 28 and page 2 line (1-2)} My husband’s attorney Ariel Carter explains to Judge Heidel that both parties were requesting a continuance. She even acknowledges that the continuance was necessary because I now had representation. In the name of fairness, I should have an attorney. Judge Heidel begins her rant against me, Karrie Gibson. Judge Heidel states that asking for a continuance isn’t a good reason not to appear. Judge Heidel is alluding to the idea that she wasn’t aware that Charles Major, an associate at CORE called the request a continuance. The clerk chimes in that some one called. The clerk told Charles that someone would have to appear. The clerk told Charles that someone had to appear, which was Judge Heidel’s instructions.
I am going to direct you to the May 3rd (transcripts Page 1 line 28 and page 2 line (1-2)} My husband’s attorney, Ariel Carter explains to Judge Heidel that both parties were requesting a continuance. She even acknowledges that the continuance was necessary because I now had representation. In the name of fairness, I should have an attorney. Judge Heidel begins her rant against me. She states that asking for a continuance isn’t a good reason not to appear. Judge Sarah Heidel is alluding to the idea that she wasn’t aware that Charles Major, an associate attorney at CORE called to request a continuance, the clerk responded that someone needed to appear.
Testimony from May 3rds hearing May 3rd Transcripts Page 2 line 9-18) Ms. Carter: I understand, your honor. My understanding is that respondent’s counsel was retained Limited Scope to continue this matter and to file an additional RFO. There are several RFO ’s on the court’s calendar right now. And in an effort to try to consolidate some of the matters and hopefully resolve some of the matters, we did agree to continue today’s hearing out to a date in July, As well as advance respondence June 14th and continue that as well.
Judge Heidel denied the continuance. She implied that my attorney just didn’t appear, as if he did something that wasn’t normal and usual. What is customary if both parties agrees to continue the hearing. Simon Budhwani from what I know is a reputable skilled attorney. He wouldn’t just not show up to court. Simon Budwani received the $5000 attorney fees payment made by my husband. He could have just appeared and billed me.
Please see Simon’s credentials
Simon Budhwani is a founding partner of Core Law Group, LLP. He is well recognized in the legal community—Super Lawyer Rising Star Awards, the NAFLA Top Ten Under 40 Award, and the Orange County Metro Magazine Top Lawyer Award. He has represented clients inside and outside the courtroom, including a spot on Nancy Grace for his role in a Real Housewives of Orange County custody battle. He’s received recognition in legal academics, earning Dean’s List & Amjur recognition, serving as editor of the Journal of Juvenile law, and publishing his own work. He served as a Sub-Committee Chair for both the American Bar Association and the Orange County Bar Association
Charles Major with C.O.R.E law group called the clerk to request a continuance. Charles spoke to the clerk Deanne Lee Kistler. Deanne Lee Kistler told Charles that judge is requesting that someone appears. Ariel Carter agreed to appear and request a continuance on our behalf because she would be in that court that day on other matters. On May 3rd, Simon Budwani called me to tell me that the judge ruled against us, even though counsel requested a continuance. I called the clerk to ask her. I asked,” Deanne Lee Kistler did my attorney call to request a continuance and if so did she tell Charles that someone had to appear to request a continuance. Deanne Lee Kistler responded, “No Comment”. I asked a second time, to be clear I am asking did my attorney call to ask for a continuance and you told them someone had to appear. Dean Lee Kistler’s second response was, “ No Comment.” I thanked her, wished her a good weekend and hung up the phone. SEE Phone Record my call to the court calling on May 3rd.Phone-Records-to-the-Court-1
See my May 3rd phone records above. The first call at 11:30 am is a call to my husband’s office. The 2nd call at 1:46pm C.O.R.E law office called to tell me what happened in court. My next call at 2:23 pm is to my husband’s cell phone. The last call is at 3:55pm to Judge Heidel’s courtroom. I spoke to Deanne Lee Kistler.
During the May 3rd court hearing. Judge Sarah Heidel begins her verbal attack of me. She makes reference to limited scope hiring of my attorneys ( I didn’t request limited scope agreement) It was my understanding it was limited scope because I was unable to provide a credit card. I was unable to provide a credit care because Judge Heidel didn’t order supposal support. My credit cards went in default because I had no income. Judge Heidel calls me unreasonable because I hired an attorney to handle my spousal support matter and to request additional attorney fees. Someone please explain to me, how my behavior is unreasonable? I was virtually a housewife for the last 15 years of my marriage. I took responsibilities for the household duties including raising our daughter who received a Merit Scholarship to a respected University, I cooked and cleaned and emotional supported my husband. I emotionally supported my husband to my best ability while being in an emotionally abusive marriage. I endured his infidelity. His alcoholism for decades. When he left me, I did everything I could to support myself by driving for ride share which compromised my already injured spine. I didn’t request spousal support for over a year after he left me. My husband earns $180,000 annually. He is an executive for a non-profit. His annual salary is published. I didn’t earn an income for the last 10 years of our marriage. Judge Sarah Heidel was aware that I had medical issues, that my husband is abusive. I even submitted several email correspondences to multiple companies where I begged employers for jobs. Judge Sarah Heidel also knew that I was receiving food stamps. Judge Heidel is behaving like a classic racist in power in America. Treating me less than human. She goes on to make a negative comment about awarding additional attorney’s fees. My attorney is attempting to consolidate the dates to be cost effective with the inadequate amount she awarded. I should mention by the time I am posting this post my husband has spent $40,000 in attorney fees in 8months, but he is not paying a penny in spousal support. Judge Sarah Heidel has the audacity to say this statements in open court. The opposing attorney and my husband agreed to move the dates. In the name of justice, why would she rule is such a way? Why would she make such statements about me? There is an obvious bias. Judge Sarah Heidel is consciously sabotaging my position in this divorce. This type of treatment of black people has been going on since we were kidnapped and brought to his country. Judge Heidel attitude is that of a racist who thinks I deserve less than a white woman.
May 3rd transcripts Page 3 line 7. My husband’s attorney request that the minute order reflect what the judge said because both parties agreed to move the date.
My husband attorney’s attempts to move the dates to July to give my attorney ample time to get caught up to speed and prepare. Judge Sarah Heidel declined and moves my court date date to June 21st. A normal person would view Judge Heidel as being unbiased. She rules against me at every possible turn without cause. Even when the opposing party is in agreement, she rules against me to make my life difficult. She continues to move my court dates without my approval to accommodate my white husband. A reasonable person cannot explain this behavior other than prejudice and or bias. She goes on to say that she will not hear a request for spousal support. I was in a 23 year marriage where my husband was the sole income earner for the last 11 years of the marriage. The judge didn’t order spousal support, I have no income and am now on Food Stamps. Coming to court to try obtain a fair spousal support award isn’t unreasonable unless it is a black woman expecting spousal support.
(May 3rd Transcripts Page 4 line 24) The Court: I’m concerned because the court did award attorney’s fees and then respondent has gone and hired an attorney limited scope to address a motion for reconsideration of a temporary spousal support order and file a motion for additional attorney fees. So I’m concerned about the reasonableness of additional attorney fees request going forward if that‘s the way the attorney fees are going to be spent.
I didn’t request to hire an attorney for Limited Scope. Initial I received an email from C.O.R.E law group asking for a credit card. I responded saying I didn’t have a credit card. Later they request that I sign an amendment agreement. I am not an attorney. I didn’t understand the nature of Limited Scope. I thought it was limited scope because I had limited funds. They were handling the Motion To Reconsider the Spousal Support because extremely bias in favor of my husband from Judge Heidel. I didn’t have an attorney. I didn’t understand the nature of Dissomaster. The Dissomaster she used didn’t have accurate figures. Judge Sarah Heidel did not request evidence the information my husband provided during the Spousal Support hearing. Judge Sarah Heidel ruled against me for spousal support using incorrect figures. I had no income, I have been borrowing money and having yard sales to pay my utility. Up until March I didn’t have money for food. I was approved for Food Stamps in April. My attorney was going to try to get a proper spousal support and additional attorney fees. The judge only awarded $5000. By this date May 3rd, my husband had already spend $10,000 on attorney fees. I have demonstrated that my husband is hiding money. I need to hire an attorney to subpoena bank records. I was ordered to respond to discover request. My husband requested that I answer discover of over 60 questions. I don’t know how to intelligently and legally answer the question. The average divorce attorney is $360 and hour. A lawyer will probably bill me $1000 just to help with the discovery request. Judge Sarah Heidel’s statement about me being unreasonable shows extreme bias.
Further, my attempt to consolidate the hearings and possibly coming to a comprise with my husband on other matters is not only reasonable, but cost effective considering. Please see my husband’s attorneys testimony.
(Transcripts May 3rd court date Page 2 line 9-18)
Ms. Carter: I understand, your honor. My understanding is that respondent’s counsel was retained limited scope to continue this matter and to file an additional RFO. There are several RFO’s ln the courts calendar right now. And in an effort to try to consolidate some of the matters and hopefully resolve some of the matters, we did agree to continue today’s hearing out to a date in July, as well as advance respondence June 14th hearing and continue that as well.
Please acknowledge my husband’s attorney agreed to move dates in and effort to resolve matter economically. The court, Judge Sarah Heidel had NO LEGAL BASIS for denying the request . Judge Sarah Heidel actions are with malice and intent to harm me because I am a black woman.
Let me give additional background. I had a June 14th date for Motion To Reconsider Vocational Evaluation. Remembering on March 14, Judge Sarah Heidel ruled against me. I didn’t completely decline the Vocational Evaluation I asked to revisit once I was represented. I wanted to have an understanding of my rights with regard to the Vocational Evaluation. Charles Major coordinated with Ariel Carter to move these dates. See email above. I also want to clarify. During the March 14 Vocational Evaluation hearing I didn’t decline I only wanted proper representation. I was motivated by past experience. I slipped and fell while working for Chase bank. I severely injured my back in 2008. I agreed to a medical evaluation with a doctor my employer appointed. During this time I didn’t understand the importance of who performance an evaluation. Because of this I only wanted representation.
Instead of moving the June 14 date to July the court moved the June 14th date to June 21 to consolidate with a date on the calendar that I and my attorney were never aware of. Ariel Carter had filed a Motional to Compel Vocational Evaluation and Motion to Compel Discovery. I was not aware of these dates or issues. Apparently, Ariel Carter claims she mailed me an Interrogatories request. I never received these documents. I will discuss the specifics surrounding the issue of discovery when I discuss the June 21 court date. The 2ndMotional on the calendar was Motion To Compel Vocational Evaluation. Take note my June 14th court date was Motion to Reconsider Vocational Evaluation. I filed a motion to reconsider vocational evaluation. I wanted to consult an attorney first. If the Judge would have agreed to move all the dates in July, there is a good chance my attorney’s would have negotiated with Ariel. Charles Major, the associate at C.O.R.E and Ariel Carter had worked together previously. Which is one of the reason I originally believed Ariel Carter agreed to appear on our behave. If this judge would have agreed to what we agreed by both parties it is a great chance we would have handled all matters outside of court. Why didn’t Judge Sarah Heidel agreed to the continuance when my attorney called the court?
Please be clear that Judge Heidel is always in agreement with my white husband’s request. She moves my court date, to a court date for my husband to minimize his cost for attorney fees, but she refuses my cost. While writing this, I am trying so hard not to be emotional. These type of treatments hurts, NO, burns my heart. As a black woman I am constantly confronted with unequal treatment. I tried my best not to allow this to crush my outlook. I am human. Each time I am confronted with these inequalities my fight or flight responses emerges. My heart races, I become nauseated. Remembering Oprah Winfrey saying black people died for me. If someone can give their life so I can be treated with fairness and dignity, I have to find the strength to push through.
After this court day, I learned that Ariel Carter filed this bogus Motions. Simon felt horrible. He agreed that Judge Heidel was clearly showing bias towards my husband. Simon told me, that I could file a Motion to have Judge Sarah Heidel Disqualified, eventually if all else fails to file a WRIT. On June 19th C.O.R.E refunded my money and provided a substitution of attorney. I would have to file the Motion to Disqualify on my own, using the monies I had for other matters within my divorce.
I am humbly begging you to continue! This case gets worst. Judge Sarah Heidel involves another judge. Judge Lawrence Riff. Black people, please pay attention. This is how they take care of their own.
Keep reading I have been transported to the Jim Crow South. Racist Judge Sarah Heidel Wages War on My Black Ass.