Judge Drew Takaichi victimizes 83 year old disabled grandmother

Judge Drew Takaichi victimizes 83 year old disabled grandmother

by corruptsantaclaracounty

Corruption Exposed in Santa Clara County Courts! 83 Year Old Disabled Grandmother Victimized by Santa Clara Superior Court Judge Drew Takaichi ( Dtakaichi@scscourt.org )

http://judgeafteryouhaveheardall.blogspot.com/2013/10/83-year-old-disabled-grandmother.html

Judge Drew Takaichi victimizes 83 year old disabled grandmother

by corruptsantaclaracounty

Corruption Exposed in Santa Clara County Courts! 83 Year Old Disabled Grandmother Victimized by Santa Clara Superior Court Judge Drew Takaichi ( Dtakaichi@scscourt.org )

http://judgeafteryouhaveheardall.blogspot.com/2013/10/83-year-old-disabled-grandmother.html

San Jose, California: Santa Clara County Family Court Judge Drew C. Takaichi denied 83 year old grandmother’s wish to be able to call and talk to her grandchildren on phone and perhaps visit them simply based on the criteria that parent Ms. Kamal Kapadia has sole physical and legal custody of the three minor children and gets the sole vote, and based on grandmother’s testimony at a one sided child custody trial that “mother [Ms. Kapadia] prevented the children from talking to her..that the children did not speak to her unless mother told them to speak to her”.

Judge Takaichi’s legal analysis appears to be contrary to the California Supreme Court’s ground breaking decision in Marriage of Harris (2004) 34 C4th 210, 17 CR3d 842, which requires a Court to perform a detailed analysis of grandparent visitation vis-à-vis best interest of the child vs. merely parroting the custodial parent’s wishes. The ruling did not allow for live witness testimony, or conform to normal standards of due process.

In a subsequent and different hearing, Judge Takaichi ruled that a joined party [83 year old grandmother] under Family Code §2021 has no standing to raise interests that impact her, including her property being disposed off by Family Court without her being noticed, or given an opportunity to participate, despite her being the aggrieved party and joined pursuant to Family Code §2021.

While on one hand precluding the 83 year old disabled grandmother from raising matters that adversely impact her, Judge Takaichi, without a motion served on the grandmother, and without a hearing, ordered the 83 year old disabled grandmother to pay mother’s attorney’s fees, simply on mother’s request (never served on grandmother) that “in light of the fact that [grandmother] has no standing to bring the motions, however, if the Court wishes to have these claims heard, I will need funds to contribute towards the legal fees I will incur in such an endeavor”. Put it differently 83 year old disabled grandmother was ordered to pay $10,000, attorney fees, that were anticipated, but not incurred yet, should Judge Takaichi allow grandmother, standing, to pursue her claims, which the latter did not. More importantly the $10,000 attorney fees was ordered against the 83 year old disabled grandmother without a notice, a served motion on the grandmother, and without a hearing, or opportunity to be heard, which raises the question of the derivation of such a large sum of $10,000.

All of the above in face of Mello-Granlund Older Americans Act, Elder and Dependent under W&I code 15600 et seq., and under CA and Federal ADA 42 U.S.C Chapter 126, California Civil Code [“CC”] §51 et seq., CC 54 et seq.,. that requires special consideration and protection of elderly disabled Americans.

It cannot be confirmed if the decision was affected by disabled grandmother’s self-represented status, whereas Kamal Kapadia being represented by Mr. Christopher Hirz of the Law Offices of Del Ponte and Hirz.

Judge Drew C. Takaichi J.D. ’80, of San Jose, was appointed to the Santa Clara County Superior Court by Governor Arnold Schwarzenegger. Judge Takaichi has been a sole practitioner since 1994. He was a partner for Brockman and Takaichi from 1983 to 1994 and Hamrick, Hoffman, Guillot and Takaichi from 1982 to 1983. Judge Takaichi served as an associate for the Law Offices of Diana E. Levitz from 1980 to 1982. He earned a Juris Doctorate degree from Santa Clara University School of Law and a Bachelor of Business Administration from California State University, Chico. Judge Drew and his wife Ms. Nancy Takaichi live in the Bay Area.

Please direct your comment(s) to “judgeafteryouhaveheardall@gmail.com

http://ShameOnYouManoukuan.BlogSpot.com

Advertisements

One thought on “Judge Drew Takaichi victimizes 83 year old disabled grandmother

  1. Pingback: judged by how those who can not defend themselves are treated! | Scanned Retina Resource

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s