The hearing became a ‘free-for-all’ where arguments were allowed to morph into ‘evidence.’   The rules, designed to insure a fair trial, were swept away by the deluge of documents.”   Such hyperbole is followed by nothing supporting it, save more argument about claimed error in dealing with objections, which argument is addressed above. I have noticed a dramatic change in your behavior and your spending habits over the last two or three months which concerns me for your welfare as well as our assets.”. Before describing Jill's motion in detail, we digress briefly to discuss the timing of a section 271 motion, as that would become an issue below. Thus, and to avoid confusion, we continue that practice. FN18. So I'm going to overrule you.”. 1474. I felt so threatened. Ken is the eldest of two siblings born to mother Barbara and father, Kenneth. As Jill's attorney would describe it, she “supported Ken during the marriage by raising their three daughters and managing the household. He's seen it all. (b).) Kevin Beets birthday countdown at BirthdayCelebs.com Kevin Beets worth on CelebsDetails.com Who are the richest reality stars? JILL L. DAVENPORT, Appellant, v. KENNETH L. DAVENPORT, Respondent. Judge Wong also served on the planning committee for the 1998 Family Law and Procedure Institute, and on the faculties for the 1999 Family Law and Procedure Institute and on CJSP Family Law Basics. That's when the cop punched me.". Soon after that, he served Associated Press for nearly two years as an Intelligence Writer. The court's already been flooded with an obscene—that's all I can say—an obscene amount of data and information.”   The second is, responding to Andrew Watters' claim that she was admitting late-filed evidence, “There's too much. The hearing began on October 29, 2008, with differences between counsel as to just how the matter was to proceed, with Mr. Johnson urging that Judge Wong hear live testimony. Criticized for his use of Ms. To mention just one thing in your letter:  Why would I stand around and wait for your house to sell? 2020 The full quotation reads as follows:“THE COURT:  ․ I am probably committing reversible error or something, but I feel that mostly you are arguing about letters, emails, all manner of documents that competent counsel use in discussion and settlement efforts, things of that sort, and they might not necessarily stand up in a very strict evidence code scrutiny, but this is an OSC, and this is family law, and the judge should have as much evidence as possible to get as much information, so I am usually very, very liberal on OSC, and I don't know why I wouldn't be liberal on this OSC.”“MR. Andrew Watters did not consult with Mr. Johnson on the date, nor even advise him of the filings, causing him to complain about the timing of the motions, including that they were filed late in the afternoon of May 23, 2008, the Friday before the Memorial Day weekend, and at the last possible moment..  FN5. We're all very familiar with the Feldman case. “This is something we can do very simply and with no legal fees or time involved. The facts listed in support of the last finding state that “Had Wife's counsel done any number of the following, it is likely the costly motions and hearings relating thereto could have been avoided:  [¶] (i) Met and conferred with counsel;  [¶] (ii) Been more respectful and cooperative;  [¶] (iii) Used the Case Manager;  [¶] (iv) Accepted Husband's counsel's offers to use Mr. Hoslett, or agree to a neutral forensic accountant.”, FN10. (1950) 36 Cal.2d 167, 176.) © So in the motion that you filed ․, you are saying that the facts in this Davenport case are very similar, if not identical, to the facts of the Feldman case, which, of course, is an extremely egregious set of facts involving one party who is in charge of almost everything and stonewalled all efforts to cooperate, so therefore the court was duty-bound to give a hearing prior to [trial]. As will be seen, Judge Wong would determine that Jill's proof fell short of her counsel's exuberant advocacy. ), These presumptions are based on the difference between lay jurors and judges:  “ ‘The juror does not possess that trained and disciplined mind which enables him ․ to discriminate between that which he is permitted to consider and that which he is not. Andrew Watters did not consult with Mr. Johnson on the date, nor even advise him of the filings, causing him to complain about the timing of the motions, including that they were filed late in the afternoon of May 23, 2008, the Friday before the Memorial Day weekend, and at the last possible moment. In re Marriage of Heggie (2002) 99 Cal.App.4th 28, 30, fn. Dissatisfied with what husband ultimately produced, wife filed an application for an order imposing monetary sanctions against husband for a violation of his fiduciary duty and, as relevant here, requiring husband to pay her attorney fees based in part on section 271, subdivision (a). ]”  (Hogoboom & King, Cal. The total fees incurred relating to [Ken's] sanction request as of November 14, 2008 were $261,392. “Please respond on or before February 10, 2006.”. Swift and delivered them to Mr. Johnson's law firm without any cover letter and without any descriptive information of what was in the package. The couple exchanged there vows on 3rd May 2003. Mr. Johnson learned of this at a June 4, 2008 meeting and, understandingly concerned, wrote to senior partner Michael Watters, expressing his concerns about the computer extraction process, as follows:  “Would you please include me on any e-mails that you send to this individual because I do not want any mistakes to be made on that. Both sides objected from time to time, almost always to no avail, as Judge Wong made it abundantly clear that she could separate the wheat from the chaff.

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