On Thu, Mar 29, 2012, 2:15 PM, Patrick Fox wrote:
Desiree:
I'm sorry to keep pushing this issue, but the California Code of Civil
Procedure, section 2016.010 et seq, governs discovery for California
cases. In particular, section 2017.010 states:
...any party may obtain discovery regarding any matter, not privileged,
that is relevant to the subject matter involved in the pending
action...if the matter either is itself admissible in evidence or
appears reasonably calculated to lead to the discovery of admissible
evidence.
If you wish to limit the scope of discovery you must submit a formal
request to the court, explaining why certain artifacts or information
should be considered privileged and not subject to disclosure.
You are correct, though, that I cannot force you to participate in
discovery or to disclose any certain artifacts or information. Just
like I cannot force you to contribute to Gabriel's well-being or
financial needs. However, you are expected, by the court to do both of
those things and by refusing unless ordered by the court you are really
making yourself look bad in the court's eyes. Whether you believe it or
not I am trying to help you here by giving you the opportunity to do
what your required (or perhaps I should say "supposed") to do without
having to involve the court. When it gets to the point of requesting a
court order for you to disclose information which is clearly related to
the matter at hand (or to accept your financial responsibilities as a
parent) it is too late for you to make yourself look good by doing what
the court orders you to do.
If you want information in layman's terms have a look at the following
site, for example:
http://www.kinseylaw.com/clientserv2/famlawservices/discovery/discovery.html
it explains a bit about the party's discovery rights and obligations in
family law matters.
The parties are expected to attempt to resolve discovery disputes on
their own before involving the court, and I believe I have made a more
than reasonable and good faith effort to resolve this matter with you.
You have very clearly stated that you will not participate in discovery
or provide any disclosure unless ordered by the court. So, that leaves
me no alternative but to request such an order. I would hope it would
not come to that because, as I pointed out, refusing to participate in
discovery is going to make you look bad.
And, here, just to show you that I AM actually trying to help you, I'll
give you another heads-up: the Scottsdale Police notified the Secret
Service about Kristopher's possible involvement in the counterfeiting
scheme (counterfeit currency is under the jurisdiction of the Secret
Service) and it's being investigated. The Scottsdale Police didn't buy
his story about Jose and the pool cue because they know about the
counterfeit bill he attempted to pass at the Fantasia store in
September. They've also added the charges of Organized Retail Theft,
and Criminal Simulation. You can confirm all this with the Scottsdale
Police, but the Secret Service won't comment because the investigation
is ongoing. I'm assuming you were not aware of this because you've
insisted those charges were dropped. Now see, why would I alert you to
that if I wasn't trying to help you?
Thank you.
Fox
On Thu, Mar 29, 2012, 3:57 PM, Desiree Capuano wrote:
I appreciate your "help" Fox but I don't recall ever asking for it.
You have not been in my life for 10 years and you have. I need of any of
my documents other than what was already provided. The judge presiding
over our civil case read your request and my response. He did not deem it
worthy of mention. How we interpret that is on us to accept and deal with
the consequences.
As far as the medical bill for our son; I thought I was clear but perhaps
not so I will try again. I will not send you any money at all. I will pay
half of the bill. That half will go to either the hopsital or to the
person actually shelling out he money for the other half. This can be
presented in the form of an actual bill from the hospital or a receipt from
the person who paid. As child support or financial obligations have been
determined and I am carrying the brunt of all expenses for Gabriel (which
include a break for Liz during the summer when he's not there) and agreeing
to pay half of the bills relating to my son, I think this is fair. If the
Compton court does not agree they can inform and submit whatever sanctions
against me that they see fit. Until that point I will repeat - provide me
a bill or receipt and I will pay for half.
I will ask that you attempt to leave our relationship between and not
include Gabriel. A problem exists if you cannot define your own
relationship with him without including your opinions and thoughts
regarding me. For example, I surely hope you are saying things to our son
indicating that I'm a "dead-beat mom" or leading him to the belief that I
am refusing to contribute to his well being.
Thank you.
On Thu, Mar 29, 2012, 8:40 PM, Patrick Fox wrote:
Desiree:
You definitely have a novel way of looking at things.
I should point out that there was no decision made on child support yet.
The court simply continued the hearing to September 7. Same goes for my
OSC to change the visitation. The court recalendared the August 15
hearing to September 7. All the court ruled on was my ex parte
requests. So, I'm sorry to break it to you but there was no "victory"
for you. The same matters are all still before the court and will be
addressed on September 7. Also, since both the mediator and I are
recommending/requesting an evaluation the court will likely order that
on Sept 7 as well. So, to be clear, you are by no means out of the
woods on the drug issue. And now that you've agreed to participate in
TASC you have effectively admitted to having a "drug problem" (people
without drug problems don't generally agree to participate in drug
programs).
I also disagree with your claim that you are shouldering the brunt of
Gabriel's expenses. You are paying for the visitation travel costs.
Guess what - that's normal. The parent with the visitation pays for the
travel costs. Do you contribute to his food? His clothing? His
entertainment? His school supplies? When he starts private school will
you be paying half of his $12k - $15k a year tuition? Are you paying
Liz for the portion of her apartment that he uses? Or his portion of
the electricity, water or gas?
And I really must applaud your audacity in saying "If the Compton court
does not agree they can inform and submit whatever sanctions against me
that they see fit." I'm sure the court will love that statement.
I don't need to tell Gabriel you're a dead-beat mother. He can see it
all himself.
Regarding your statement:
"As far as the medical bill for our son; I thought I was clear but
perhaps not so I will try again. I will not send you any money at all.
I will pay half of the bill. That half will go to either the hopsital
or to the person actually shelling out he money for the other half.
This can be presented in the form of an actual bill from the hospital or
a receipt from the person who paid."
Actually, in your email dated 3/9/12 you stated the following:
"When I receive valid documentation in the form or a receipt of payment
for services rendered or a copy of a request of payment for services
rendered I will contribute by providing the amount equaling half the
total cost."
I am responsible for the payment. Whether the bill gets paid or not
affects me and only me. You are responsible for paying half of the bill
but if it doesn't get paid it doesn't affect your credit. So stop
playing your little trailer park games and accept your responsibilities.
Thank you.
On Thu, Mar 29, 2012, 11:45 PM, Patrick Fox wrote:
I forgot to mention: you are also mistaken about the court's handling or
disposition of my discovery request and your response. The reason the
court didn't mention it is because the court does not get involved in
discovery requests or responses. I did not submit a copy of my request
to the court - only to you. So the court only had your response. The
court does not get involved unless one party complains that the other
party is refusing to cooperate or to meet their obligations regarding
discovery.
Do you remember how you insisted that you were not required to provide
the medical insurance information because the court didn't order you to?
Same kind of thing here. Just because there is not an explicit order
from the court it does not mean you don't have to do something.
Anyway, as you wish I shall stop trying to "help" you. Can't you hire
another attorney or something? This was so much easier when I could
deal with someone who knew what he was doing.
Fox
