Gabriel's property
Desiree: So, will you be sending Gabriel's things to my address in LA? And if so, when? I don't believe it's appropriate that I should have to pay the shipping charges because you knew I would be providing Gabriel those specific items well in advance (at least 2 months) and you did not object to any of it until after he had actually received them. To say that you didn't know beforehand that it was going to cause Sage to feel inferior is pretty naive - in part, because I told you it would do exactly that, and in part because it's just pretty obvious. Fox
You never told me what you were sending. You said that I should expect 5 - 7 packages...that was it. You are going to have Gabriel over spring break - do you not want him to have those really important items during that time? Or do you want to deprive him of being able to use those things just because you have plans to be in a different place 6 months from now?
Over the past few months I told you I would be getting Gabriel the Xbox One and the PS4; I also told you back in July of last year that I would be getting those and many other things for Gabriel and that it would probably cause friction between him and Sage (but that's not my problem as my commitment is to Gabriel only). Shall I pull up the emails to make you, again, look like a fool that changes your words to suit your needs one minute to the next or do you concede?
What is the status of sending Gabriel's property to me? You've made such a big deal about how it's not fair to Sage and then about how there's no room in your place and then how I'm spoiling Gabriel. So what's it going to be? Can he keep the stuff or are you going to strip him of it, like the good Maoist that you are, so that he and Sage can be materially equal? Fox
It's just about "them being materialisticly equal" as you put it. There's stuff Gabriel is not using and doesn't need (ie the satin sheets and feather-down duvets) and I do not agree with 4 video game consuls in his room. However - I am in California right now to handle the pre-trial hearing that you've requested (what we have to go to trial over is beyond me but I guess I'll find out in the morning). So I will be shipping the items back to you next weekend.
Why would you feel the need to be there in person for a pretrial hearing? It's a formality. I'm not even going to show up or call in. Anyway, since you're in LA why don't we grab a drink?
I went so I could grant you permission to have Gabriel up in Canada over spring break. I'll be sending back the items I specified today so that he will have them to enjoy while he's with you.
You could have "granted" me permission to have Gabriel up in Canada over Spring Break over the telephone. Also, you didn't need to "grant" me such permission. Also, you're the custodial parent - you don't need to check it with the court before allowing Gabriel to visit in the absence of a court order. But I'm sure you know that. I think it's much more likely that you appeared in person because you thought we were going to be addressing your child support liability and you wanted to be able to cry and make the court feel sorry for poor you so that you wouldn't have to pay it. And it's much easier to get someone's pity in person than over the phone. But, unfortunately, for you, child support is not an issue at the court's discretion so all the tears in the world won't matter. Do not "send back" Gabriel's things with him when he comes up here. He will only be here for a few days and it will be his last time coming here. As I have requested, previously, if you will not allow him to keep the things I have gotten him then please forward them to Liz in Los Angeles. And please note, you said "...items I specified today...", however you did not specify any items today. Do you mean that you will not be sending any items with Gabriel? Fox
I will not send ANYTHING to Liz. I will return the items to you and you will be responsible for the things that you bought for Gabriel. If you want to ship them to Liz once you have them then you are more than welcome to. I was not under any impression that child support would heard that day. I went because there was no indication on the notification that I was able to appear via court call, so I didn't know that was allowed. I knew you wouldn't be there since you have representation. Now leave me alone - I am entertaining people.
If I am paying for the shipping then I have the authority to say where it will be shipped to. If you pay for it then you can ship it to Vancouver and I will forward it from there. And since you knew I would be getting those things for Gabriel before I got them but only decided he can't keep them until after they arrived, you have no footing for your argument. In the future, please learn about a topic before you attempt to argue about it. Fox
I told you the duvet would be too heavy and he would not use it here and to keep it with you - you said no. You never told me you were sending a lighter duvet. I did know about the covers but those go with the duvet's so you'll need those as well. You only told me about the sheets after they were paid for and shipped - not prior to getting them. You never mentioned anything to me about the Playstation 3 - I heard about that from Gabriel and the same with the Xbox 1. So no, your argument is flawed and you are wrong. I have been told by both you and Liz that she wants nothing more to do with involvement in this situation. You do not live there and are not there, Gabriel does not live there and will not be going there. He has not even gone to visit her since moving with me (thanks to you). There is no reason any items should be shipped to her address and under the guidelines put down by you and her, I will not be shipping anything to her address. Thank you and have a nice day.
I'm very busy with a release today, but I will respond, with copies of our previous emails where I specifically informed you of my intentions to provide the exact items in question and your acknowledgement and acceptance of each of the items, when I get home this evening. Fox
Alright, let's recap. Your words, which I have copied from your emails and texts, verbatim, are highlighted in yellow: - on October 22, 2013 at 10:03pm I sent you an email in a thread with the subject "Gabrel's package". In that email is said (and, I'm quoting, here) "...if the court rules that Gabriel must remain in Arizona, beyond the end of the current school term (mid-December) I shall be getting him his own desk for his room, proper bedding, a surround sound system for his room, an Xbox One and PS4 for his room, and whatever other things he may need or want." You responded on October 23, 2013 at 7:10am saying "...If any of those expensive luxury items cause issues with school, behavior, or attitude I will take them from him until he learns and then they will be returned to him." So you acknowledged that I informed you of my intention to provide Gabriel those things and you implicitly agreed to allow him to have them - as is implied by your statement "...I will take them from him until he learns and then they will be returned to him. - on January 4 at 10:00am you texted me saying "Are you sure you want to send the comforter back with Gabriel? It's probably too heavy for him to use here and it seems like something he could use while he's up there with you. It would probably take up a lot of room in his suitcase as well. It's up to you guys of course, just seems more logical to keep it up there." The critical part of that statement is "...it's up to you guys of course...". - on January 4 at 10:26am I responded to that text, as follows: "If its too warm I'll order him one with a lower fill power and he can store or give away this one. My contract at EA ends this summer...so its impractical for him to keep it at my residence." - on January 4 at 12:27pm you responded to that text message with: "Your call" - on January 6 at 1:12pm, I sent you an email (Subject: "Gabriel's comforter") asking if you would take Gabriel to a Bed, Bath and Beyond, or a similar store, to get a cover for the duvet he got up here. That same day, at 1:47pm, you replied "Of course I can, not a problem...". - on January 6 at 1:07pm, I also sent you an email (Subject: "Gabriel's bed") inquiring about the state of Gabriel's bed and expressing my interest in acquiring him a proper frame or base for his bedroom at your residence. In your response, also dated January 6 at 1:45pm, you said you had plans of getting him a bed frame, dresser and desk for his room in the next week. You went on to say (and I'm quoting you here): "If it's really important to you, you can get it - not saying you can't, just that I'm already on it. And I've actually gotten really good at assembly, I can take care of that." - on January 6, you also, physically, measured the dimensions of Gabriel's bed to make sure you provided me the correct information for the purpose of getting a frame or base for it. You emailed me that confirmed size on January 6 at 5:58pm. - on January 6 at 10:03pm I sent you an email in the same thread about the comforter, informing you I had ordered Gabriel a couple sets of satin sheets. On January 7 at 2:16pm, you responded "Ok - that's fine, I don't really care...Anyway, its what he wants so there it is." - on January 11 at 11:48pm I sent you an email (Subject: "Outstanding packages for Gabriel"), wherein I notified you in writing, that I had ordered Gabriel a lighter duvet. Then, on January 13 at 12:37pm I sent you another email in that same thread, notifying you that the duvet was scheduled to be delivered on January 14. You responded on January 13 at 12:29pm, wherein you said "Ok, I'll keep an eye out for it". You are correct, I did not tell you about the Playstation 3. I think it was reasonable for me to presume, since you did not object to the other items I had provided Gabriel then you would not object to me providing him with an older, less expensive console either. I believe in being consistent, and for you to accept the Xbox One, PS4, $170 and $150 shoes, $90 shirt, $280 duvet - but then make a big deal about a $200 video game console is not very consistent. Do not ever tell me my argument is flawed because by doing so you make yourself look like an idiot. My arguments are generally not flawed because I check facts and think before I speak. As you can see from the emails and texts I specifically cited above, I most certainly DID inform you well in advance of the Xbox One, the PS4, the bedding, the desk, et cetera. With respect to shipping the items: - it doesn't matter if I'm at Liz's place or not. I paid for the items in question; you did not provide ANY indication that you objected to Gabriel having them until weeks AFTER he had them; therefore, you are the one at fault here! This is a mess that you have created, not me. I'm only trying to provide the best for my son and the fact that you and Michael can't do the same for Sage is not mine or Gabriel's problem. - How is it MY fault that Gabriel has not visited Liz since he's been with you? On November 9, 2013 at 4:12pm I sent you an email requesting permission for Gabriel to stop in LA on his way back to Phoenix to visit Liz, because HE stated he would like that. On November 9, 2013 at 4:59pm, you responded "No". Please explain how you figure I am in ANY way responsible for Gabriel not seeing Liz since he's been with you. - I do not require a reason for you to ship Gabriel's items to Liz's place. You have no stake in them and you are refusing to pay for the shipping so you have no authority in the matter. If you refuse to send them to Liz's place then I will just have to call my attorney and ask him to request the court intervene. The court is not going to be very pleased with you playing this stupid game. What difference would it make to you where they get shipped to? Clearly you are just, once again, trying to be difficult and anybody with half a brain can see that. I shall email my attorney about this right now and get things moving. Fox
Here you go - problem solved! You can ship the items that you refuse to let Gabriel keep, to my attorney. You have absolutely no legal or ethical basis for refusing that, since he is my legal representative in this matter. His address is: Horacio Lozano 14717 Hawthorne Blvd, Suite F Lawndale, CA 90260 Thank you, Fox
So you don't really want your son to have these things - really you just want to make me accept them. I see. You are very sad person. And you show your ignorance by stating that you are always right...you're not. Get over yourself. I will sell the items that he is not using. There - problem solved!
What's wrong with you? I've already explained this to you. Gabriel will only be here for a few days in March, then the next time he visits - if he decides to visit again, I will most likely be back in LA. It doesn't make sense to ship ALL that stuff here for just a few day visit. If you send it to my attorney then it will be there for him in LA when I return there. In the event he comes up here for a longer period of time before I return to LA then I can have just the items he would want here shipped here. In addition, if you ship it here I may have to pay duty on at at the border - even though it was purchased here. That doesn't make much sense either. Then, I'll have to pay to have it shipped back to LA when I return there. Again, not much point in that. I am completely unaffected by whether you let Gabriel have them at your place or not. It is only affected Gabriel. Please tell me when I have been wrong - and you have been right. I am merely reiterating what I was already covered in a previous email a few weeks ago. Please stop wasting my time with your stupid nonsense. As I've maintained: you will never be right if it means that I am wrong because, face it - I'm just smarter and more careful than you. I shall forward your message to my attorney and if you attempt to sell or discard any of the items I have provided Gabriel then we will be taking immediate legal action against in the matter. Fox
Desiree: Please deal with Mr. Lozano on this matter. I have forwarded him your email and he should be contacting you soon. Fox
Desiree: I don't believe I've heard anything further from you on this matter, and my attorney has not notified me that he has received Gabriel's property. Since you will be in Los Angeles this week, perhaps you can bring Gabriel's property with you and you can give it to my attorney at that time. That should be more convenient for you because it will save you the trip to the post office or FedEx and also save you the shipping costs. I would like to mention, however, that I believe what you are intending to do is to make Gabriel bring the items with him when he comes to Vancouver for his visit next week. You should be aware, though, that such a plan is likely to backfire on you because a person (especially a 13 year old person) travelling with so many new, in their original packaging, items for only a 5 day visit is sure to grab the attention of Canadian Customs and they will very likely make him either: a) leave everything at the airport for him to reclaim on his way back to Phoenix 5 days later; b) make him pay duty on the items if he will be bringing them into Canada; or c) make him ship the items back to Phoenix, at his expense. I know this because I was concerned that that was what you were scheming and I didn't want Gabriel to run into problems at the border so I called CBSA and inquired. That is what they told me. They asked the name of the person travelling and the date of travel and I provided it. I suspect they've flagged Gabriel's name and will be watching to make sure he's not bringing a bunch of undeclared items with him. Of course, he could simply declare the items, but if he does that he will definitely have to either pay duty on them or ship them back. And since I have directed you to ship them to Liz or to my attorney rather than shipping them to Vancouver, I am certainly not going to pay for the duty...particularly since I would be bringing them back to the US in a few months anyway. Happy Sunday! Fox
I was confused by your email so I reread it, inserting commas into places where it might make sense to do so and it seems, with correct grammar, your statement can mean two very different things. Therefore, I ask that you please clarify your meaning. 1. "...I specified today, so that he..." would mean you are sending back the items you specified today. However, you didn't specify any items today and so, you are sending back nothing. 2. "...sending back the items I specified, today, so that he ..." would mean you are sending the items back today. However, today is Sunday and the USPS is not open. Though, given the size and weight of the package(s) I believe FedEx Ground would be less expensive. On the matter of where you will be shipping them: If I am paying for the shipping (as you have stated) then I should be able to determine where they are shipped to, and I have elected to have them shipped to Liz in LA. If you are paying the shipping then I would think you would want to ship them to Liz since that would be a lot less expensive then shipping them to Vancouver. Fox