11 December 2013

Deposition, Testimony of Mr. Thelsey L. Fuller


There is no deposition or testimony by Thelsey L. Fuller.  He wasn't even allowed to be present during mediation. He was not deposed and he was not called to the witness stand.

Steven A. Fuller and Sandra Jones Anderson had 15 months to place the man whom they were suing on the witness stand which they failed to perform.

It is alleged that Atty. Anderson and Atty. Lak drug the case out in order to inflate their attorney fees.

Continuance, continuance, continuance, after continuance ruled the day.

For over an entire year, Mr. Thelsey L. Fuller was never allowed to be asked or answer one question on the record regarding his wife - Mrs. Edwina J. Fuller, his desires, his children or his assets.

The fact that Thelsey L. Fuller and Odessa Gaines did not act as a married couple and instead maintained separate bedrooms over the entire course of their relationship is not part of any testimony.

But, instead the claims by Robert and Doris of a husband wife relationship between the pair.  I suggest that they were roommates and very close friends that looked out for one another.

Daddy came and went as he pleased, seeing other women including his wife.

Robert and Doris have not paid the bond as required in regards their appeal.

California Community Property Laws, Family Law section 760. “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property” and again, Probate Code Section 100-103 clearly provides that assets acquired during the course of a marriage are presumed to be community unless proven to be separate by the one claiming separate property."

It is not like our parents were married briefly, they were married for 72 years. The Court had within its power to immediately restrain the assets and by doing so would have protected the Conservatee and the Respondent from financial elder abuse.

Thelsey L. Fuller and Edwina J. Fuller were never divorced or legally separated and no evidence has been presented otherwise.

The lack of a restraining order left both parents vulnerable to elder abuse, financial elder abuse, fiduciary abuse, conspiracy, theft and fraud; which is exactly what took place.

Attorney Daniel k. Lak had refused to give the Conservatee, Edwina Fuller, Thelsey L. Fuller’s 92 year old widow, a copy of her husband’s Trust when requested in writing until so ordered by the Court. These actions are in direct violation of Probate Code Section 16061.7 and may be in violation of elder abuse laws under Welfare and Institutions Code, Section 15610.30 as well.

The Supreme Court has ruled and has reaffirmed the principle that "justice must satisfy the appearance of justice", Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954); again Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985; (2) mitigate the damages caused by the Court by issuing a Court order to protect the remaining assets; (3) the Court has within its power to order funds that were removed before the Court could rule on them, be brought back and deposited with the Court along with any penalties; (4) issue an injunction that would prevent the further transfer of real property to another party until a ruling is made by the Court; and (5) launch an investigation into the improper actions of Attorney Daniel K. Lak, Robert L. Fuller, Doris A. Fuller Stewart.

2 comments:

  1. Perhaps that gleep Daniel Kristof Lak was too busy bouncing checks, living the high life, bellowing out tunes for tips in karaoke bars and making self-aggrandizing you tube videos to provide Mrs. Fuller a copy of her husband's trust.

    ReplyDelete
    Replies
    1. More likely than not getting over on too many seniors to keep track.

      Delete

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