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The Emergency Custody Order That Set The Crimes In Motion

This Feb 20, 2003 Unlawful Emergency Custody Order Modification & the TRO &2005_03_10 clives TRO VC Clive filed on Monday morning of 10 March 2003 from base and key factors to all following cases. Due Process dictates these matters be properly adjudicated before any following event can be adjudicated.  The Court flat out refuses to adjudicate these matters at fact and law and refused to allow Clive to address these critical issue in any of the sham trials they gave Clive.

 

CASE BACKGROUND

Judge Samuel S. Stevens was made a fool of when in 1997 he tried to help the law firm he and his children belonged to steal Clive's land, trees and $400,000 and hand them to their client the Moskos.  S.S. Stevens refused to step down as judge even when a mandatory 176 dismissal was filed against him.  When the Mosko's broke down and confessed in the middle of the trial that they had lied and the whole case they brought against Clive was a sham, S.S. Stevens sure looked stupid, not only did he look stupid, he was caught out committing a serious crime.  S.S. Stevens clearly had a bone to pick with Clive, so when Clive's divorce case was brought before Clive immediately filed to dismiss S.S. Stevens.  In that hearing S.S. Stevens orders the bailiff to throw Clive out of the Courtroom then carries on the hearing and orders Clive to pay his ex Ana child support despite the fact that the children live with Clive and he pays all their costs and despite Clive not earning anything at the time because he was running a startup.  Since then S.S. Stevens can be seen repeatedly rushing in to cases involving Clive to make rulings that are flat out criminal in nature, form and intent.  What is astonishing is how much abuse and how many criminal acts these judges are allowed to carry out in broad daylight in the courts.  Regardless, Clive's divorce case was moved to Judge Yonts.  Vicki Parry Ana's lawyer did not like Judge Yonts because he followed the law, so she had him dismissed.  The case was moved to Judge Kelly's courtroom, and Parry used her lawyer/judge favor to get another illegal order issued, this time on an emergency basis..

On February 20, 2003 Ana with her slimy lawyer Vicky Parry called for an emergency ex-parte hearing to modify the Stipulated Custody Court order the Court's Psychiatrist Melissa Berenge had recommended and Ana and Clive had agreed to.  The Psychiatrist had recommended that Tichatschke, Clive's former Personal Assistant and Ana's lover and a person who had admitted to having problems with drugs, sex and pornography, have no contact with Clive's children.  Ana and Parry called an emergency hearing without even noticing Clive to get the judge to modify the Psychiatrist's recommendations that Tichatschke not have any contact with the children.  Vicky Parry pulled her lawyers 'officer of the court' favor with the judge and got the court to stamp the clearly unlawful order modifying the Psychiatrist's recommendations and the Stipulated Court Order that Tichatchek have no contact with the children.  Ana then set about on her next devious divorce plan to setup Clive..

Why the Feb 20, 2003 Ex-Parte Order Is Of No Legal Force:
  • No consideration of the law nor in the best interests of the children.
  • Absolutely no basis for urgency- 7 days before a scheduled hearing.
  • Insufficient and Improper Notice given to Clive in violation of section § 240 of California’s Family Code.

“Except as provided in Section 6300, an order described in section 240 may not be granted without notice to the respondent unless it appears from facts shown by the affidavit in support of the application for the order, or in the application for the order, that great irreparable injury would result in the applicant before the matter can be heard on notice.”
Heard in violation of Rules 7-103 and 7-108 of the Rules of Professional Responsibility and Conduct of The State Bar of California.
“It is not ethical for an attorney to communicate ex parte with a trial judge on the merits of a contested matter decided by the judge and on review by a higher court if the matter may come again before the same trial judge.”

  • Parry’s argument had no legal basis to “clarify order”.
  • Clive’s recusal of Kelly set aside the Kelly Order through "good cause“ clause of section CCP § 170.

“If a judge is disqualified as a matter of law, every order entered by him is as equally void under the new law as it was under the old” Briggs v. Superior Court of Los Angeles County
Judge Younts improperly recused by Anamaria without cause

  • Judge Stevens unlawful affirmation of the Kelly Order was made after Stevens ruled on his own 170.1 recusal & after Stevens threw Clive out of court for attempting to make an “offer of proof” of Steven’s biases.

 

 

The Emergency Order Modifying the Stipulated Custody Court Order states:

1. Paragraph Number Five of the order filed August 13, 2002 shall be modified it shall state as follows: Neither parent shall expose the children to romanic relationships for six months from the date of August 13, 2002.  At the expiration of six months either parent may expose the children to an individual with whom that person is romatically involved and that wouls specifically include the respondent's relationship with Steffen Tichatske.
Dated FEB 20 2003 Stamped THOMAS KELLY, JUDGE OF THE SUPERIOR COUR

Sequence of Events:

  1. Feb 2001 Clive’s InfoTelesys Project Goes Live With Space Station Mir Acquisition.  Russia puts Mir’s destruction on hold
  2. InfoTelesys and Mir/Peace Project Censored (Mir = Russian for Peace).  White House refuses to  respond to InfoTelesys Mir Project.  23 March , 2001 Mir is lost.
  3. Two months after Mir is lost, for $50K Stefan Tichatschke buys position in InfoTelesys as Clive’s Personal Assistant and starts affair with Clive’s wife Ana
  4. InfoTelesys prepares to launch first profit baring vertical Get IT Real in June of 2002.
  5. Clive’s youngest son William lets Clive know his mother is having an affair with an “Ucky (nasty) Man”
  6. May 2002, Clive puts GPS in Ana’s car which proves she is lying and seeing Tichatschke
  7. Clive tries to save marriage and flies family to Hawaii.  When Clive sees Ana shaking William outside a store he decides divorce.
  8. Clive & Ana agree to separate amiably – Children to stay with Clive, Clive to keep home, Ana to go and come as she pleases, Clive to pay Ana balance of assets after balancing debts.
  9. Ana advised by Women’s Crisis Center to call CPS & 911 for divorce positioning
  10. Tuesday 2nd July 2002, Ana calls CPS on Clive – CPS visits & gives reasonable recommendations
  11. Tuesday 9th July 2002, Ana call 911 on Clive – Sheriffs rush to house. Ana makes mistake of saying Clive cut off phone – How did she call 911?  Sheriff leave after shaking up Clive’s six year old son so badly he has to take Richard to the emergency room.
  12. Clive advised by lawyer that if Ana injured herself & called 911 he would be arrested. 
  13. Friday 12th July 2002, Clive files for divorce & asks court to enforce CPS recommendations.
    Court orders Ana out of family home, splits custody of children in two & orders Clive to pay out Ana for family home in 30 days or sell home.
  14. Couple ordered to go to Level II Custody Investigation with Court Psychiatrist and couple see Private mediator regarding finance.
  15. Couple reach agreements with both custody & finance and stipulate to Court Psychiatrist Custody Recommendations:
    Children live with Clive
    Clive takes on family debt Ana takes the money she withdrew while secretly planning her divorce, ($180,000+ cash) Landover and half household contents
  16. Couple get on with their lives
  17. Divorce Court Judges Changed – Samuel S. Stevens takes bench
    In 1997 S.S. Stevens attempted to help a client of the law firm he and his children belonged to, the Mosko’s, steal Clive’s land and $400,000.  S.S. Stevens violates multiple laws in case even refusing the mandatory 176 Dismissal. Case goes to jury trial.  Three days into jury trial Mosko’s break down and confess to their scam in trying to seal Clive’s land and assets. Case is taken to Judge Robert B. Atack (Who also belonged to the same law firm as the Mosko’s lawyer). R.B. Atack forces Clive into settlement of accepting $90,000 payout from the Mosko’s. Clive legal costs were $130,000 and his company Advanced Technical Strategy, Inc. (ATSI) was wiped out.  ATSI had developed a world leading seminar series on Advanced Distributed Systems that companies like Microsoft, Motorola, Lucent, AT&T, Hitachi, GTE, and many other leading Computer, Telecommunications and Banks – the stress and load of the lawsuit wiped out ATSI. 
    The trail showed off S.S. Stevens as a criminal and a fool.  S.S. Stevens had a vendetta for Clive
  18. Despite the Couple finalizing the Divorce in Mediation Divorce Lawyer Vicky Parry rushed Clive in front of S.S. Stevens to demand Spousal and Child Support
  19. Despite the fact that the children lived with Clive and Clive paid all their costs and Clive had not income, S.S. Stevens ordered Clive to pay Ana $800 per month in Child support.
  20. The Couple reached a written financial settlement agreement in Mediation.  Vicky Parry refused to cooperate or sign the settlement agreement.
  21. In violation of the Stipulated Court Order Ana takes Children to Tichatschke. Children react badly with nightmares and cry for hours.
  22. Feb 20, 2003 Vicky Parry calls for an emergency hearing to modify the Stipulated Custody Agreement to allow Stefan Tichatschke who was barred by the Court’s Psychiatrist’s recommendations from contact with the children to have contact with Tichatschke.  Clive submits to the Court Tichatschke self admission of the problems he has with drugs, sex and pornography and the serious problems the children have with contact with Tichatschke.  In violation of XXXX the Court issues and Emergency Court Order granting Tichatschke access to Clive’s children.  The Court order is clearly and obviously not valid and of no legal force what so ever.  Clive makes it blatantly obvious that the Court order is of no legal force.
  23. Ana resorts to making false 911 calls again.
  24. Local Sheriffs do not respond to Ana’s 911 calls.
  25. Ana sets up a Tahoe scene in an attempt to get the Sheriffs in Tahoe to react.  For the first time Ana gets Clive to sign an ‘agreement’ for the boys over the weekend.  On Sunday when Clive drops the boys off to snowboard with their mother, she takes William aged three up to the middle of a learner ski run and leaves him in the run.  Clive goes to rescue William.  Ana’s lover Tichatschke who is barred from any contact with the children ski’s down and tries to start a fight with Clive who is rescuing William.  Clive picks up the boys and returns to Santa Cruz
  26. The next morning in Santa Cruz, Clive files a TRO and Verified Criminal Complaint against Ana and Tichatschke.  The Clerk tells Clive to pickup the order at 2:00 pm.  At 2, the order is not ready yet so the clerk tells Clive the order will be ready at 4:00 pm.  Clive returns to his home while waiting for the order to be signed.  When Clive gets home he sees the sheriffs in his driveway.  Recognizing that the sheriffs terrified his boys last time, Clive goes to put his boys in his home so that he can come out and show the sheriffs the TRO and VC he had filed.  While Clive is waiting for his garage door to open, Santa Cruz Sheriffs Shooting Instructor Michael MacDonald runs down Clive’s driveway and without warning shoots at Clive, missing Clive and the boys by inches. Sgt. Amy Christy stops MacDonald from taking a second shot.  The Sheriffs order Clive into his garage, they close the door behind him and violently assault Clive in the garage.
  27. Filing a false report that they were chasing Clive for committing a felony kidnap, the Sheriffs arrest Clive and accuse Clive of: Assault with a deadly weapon; of Vehicle Code 2800.2(a) for driving feloniously with the intent to evade the cops at around an alleged 40 mph down his private road; of freezing when they assaulted him in the garage while they placed Clive under false arrest; and perhaps most ironically ‘Child Endangerment’.  Judge Michael E. Barton stets bail for Clive at $150,000, fifteen times the recommended amount and orders that Clive not communicate with Clive’s children.
  28. About three months after shooting at Clive a former class-mate of the Ass. DA in Santa Cruz. Stephen Drottar who maliciously prosecutes Clive in Santa Cruz files a false case against Clive in Placer County claiming Clive assaulted Tichatschke.  The DA and Court refuse to recognize that the Feb 20, 03 Exparte Custody Order Is Void. Ana & Parry Fully Aware It Was Of No Lawful Force. Therefore Tichatschke had No Right To Be Present On Richards’s 7th Birthday Celebration When Ana Abandoned William aged three On the Learner Ski Run to get Clive to come to rescue William. Tichatschke claim that Clive assaulted him is not only false Tichatschke was breaking the law just being there. Clive went to court to report this assault the next day, except the Court refuses to hear the TRO and VC Clive filed.
  29. Next Clive was given an utterly sham trial prosecuted by the former class-mate of the Ass. DA in Santa Cruz. Clive was not allowed to address the Void Feb 20 Emergency Order attempting to give Tichatschke access to Clive’s children making the findings of the trial also void. Apart from the fact that Clive was not allowed to put the law on the record, the fact that there was a blatant and obvious plant/shill on the jury who forced jurors to the point of tears to convict Clive amongst other outrageous violations of Clive’s rights in the trial.
  30. Art Danner the Santa Cruz District attorney who had to resign because he was caught red handed committing crimes, presumably paid Governor Wilson’s $850,000 bribe to be appointed as a judge.  Of 678 judicial nominees by Governor Wilson, the Judicial Nominations Committee responsible for approving judges only rated two appointees as “not qualified”.  It’s joked that the Judicial Nominations Committee would approve a dog to be a judge, but not Danner.  Twice they rated Danner as “Not Qualified” to be a judge.
  31. Judge Art Danner gives Clive a completely sham trial where Clive is not allowed to put any evidence on the record proving his innocence.  The NETCOM Sheriffs recording of the alleged chase is exclude from evidence because it proves irrefutably that Clive drove a slow 27 mph down his private road.  The fact that Clive had filed a TRO the morning before the Sheriffs shot at him was not allowed into evidence.  The fact that the day before the shooting Tichatschke had assaulted Clive when Clive went to rescue William was not allowed before the jury..  The fact that the Feb 20, 2003 Exparte Order modifying the Stipulated Custody Order was illegal and Tichatschke was not allowed any contact with Clive’s children was not allowed to be presented to the jury.  The trial was a complete sham, just like every trial these courts give Clive.

 

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