Category Archives: Chief Justice Tani Cantil-Sakauye

Family Court Judges, Rule on Unvaccinated Parents and Children. “This child needs to be protected.”

By Michael G. Stogner

Everybody and their mother knew this day was coming, as if Family Law Courts were not expensive enough as they are. But this is an issue that the parents are bringing on themselves. Judges around the Country are making rulings to protect the Children when one of the Parents chooses not too. Also now being Vaccinated is part of the Custody equation. If a parent refuses to get vaccinated or refuses to get his/her children vaccinated it could/will impact the outcome of which parent gets custody.

Today LATIMES Article

Family courts weigh in on vaccinations
What happens when one divorced parent hasn’t gotten the shot? Judges take up issue.
By Emily Alpert Reyes
Flanked by their lawyers, the divorced parents hashed out an agreement outside the Pasadena courtroom and returned to inform the judge: They had agreed their young son would get the COVID-19 vaccine.
“Absolutely he needs to be vaccinated,” Los Angeles County Superior Court Judge Harvey A. Silberman said.
Then he asked the parents: “Are the two of you vaccinated?”
The mother said yes. The father said no. “Sir, you better get vaccinated,” the judge said, according to a court transcript. “Or you could very well lose time with your child unless you have a medical reason not to.”
As children and teens have become eligible for COVID-19 shots, divorced parents have clashed in court over whether to get kids vaccinated. In some cases — including the one now before a judge in Los Angeles County — family courts have also started to weigh in on parents being vaccinated against the coronavirus.
In Illinois, a judge made headlines after ruling that a mother could not see her 11-year-old son until she had gotten vaccinated, a decision that was later rescinded.
In New York, a father was suspended from visits unless he got vaccinated or underwent regular testing. “The danger of voluntarily remaining unvaccinated during access with a child while the COVID-19 virus remains a threat to children’s health and safety cannot be understated,” Judge Matthew F. Cooper wrote.
Attorney Lloyd C. Rosen, who represents the New York father, said his client is getting tested regularly in order to keep seeing his daughter but has filed a notice to preserve his right to appeal the ruling.
Rosen argued that the court had overstepped. Vaccinations and other medical decisions often come up in custody cases, since “it’s not uncommon for parents to disagree regarding medical care or treatment for a child,” he said.
“Here the court is not stepping in and making a decision for the child that the parents can’t make,” Rosen said.
“The court here is stepping in and making a decision for a parent regarding themselves — as a condition to their parental rights.”
Cooper, the judge in that case, wrote that the question was not whether he could require an adult to be vaccinated, which “would stretch the authority of a matrimonial court to unprecedented lengths,” but whether the mother could make vaccination or testing a condition of the father visiting the child.
At the L.A. County hearing, the divorced father said he had medical reasons for not being vaccinated, but Silberman seemed skeptical. In a court order, he directed the father to either provide a medical exemption from his doctor or show that he had gotten vaccinated against COVID-19.
If the father genuinely has a health reason for not getting vaccinated, “I want to know what the medical evidence is,” Silberman said during the hearing. “This child needs to be protected.”
The move surprised attorney Patrick Baghdaserians, who represents the mother. Although Baghdaserians said he is aware of judges supporting COVID-19 shots for children when the issue has arisen in custody cases, “I’ve never seen a judge take the next step, which is … if one of the parents is not vaccinated, that potentially exposes the child to harm.”
Baghdaserians praised the judge and said that if the order were ignored, his client would seek to change the custody arrangement. The mother is supportive of COVID-19 vaccination, he said.
Attorney Alphonse Provinziano, who represents the father, said his client had asked him not to comment on his specific case. He said that in general, California family courts have wide latitude to seek information from parents, but he was unaware of any legal authority for them to change custody based on vaccination status.
Provinziano said it’s possible that someone could try to make such a case by arguing that, “ ‘Well, I don’t think it’s in the best interests of the child’ ” for a parent to not be vaccinated. But “that, I think, would end up going to the Supreme Court of California. … It would be a heavily litigated case.”
Provinziano also argued that, in general, if a parent has a medical reason to not be vaccinated, “you can’t use that disability to say that you’re somehow unable to be a parent to your child.” He pointed to a California ruling that found courts cannot use a physical disability as evidence of whether someone is a fit parent.
The Times is not naming the parents involved in the court case in order to protect the privacy of their child.
In response to questions sent for the judge, a Los Angeles County Superior Court spokeswoman said Silberman was prohibited under ethics canons from making any public comments on a pending case.
Rachel Rebouché, interim dean at Temple University Beasley School of Law, said most state statutes that govern child custody are very broad, centering on “the best interests of the child.”
For instance, courts have been able to restrict visitation rights if a parent lives with a partner who is deemed unsafe for the child, Rebouché said.
In California, courts scrutinize the ability of parents to care for the child, she said, so “whether or not the parent will seek to protect the child from COVID is relevant to the court.”
Still, Rebouché said the L.A. County case and others raise questions about “where are the lines that you draw for what courts can permissibly require parents to do with threat of a custody loss.”
If some people see not getting vaccinated as an issue of religious freedom, “is losing time with a child a denial of that right? Or is it something else?” she asked.
John F. Banzhaf III, professor emeritus of public interest law at George Washington University Law School, argued that there is a strong precedent for courts’ limiting visitation for unvaccinated parents: child custody cases involving cigarette smokers. Family courts have ordered parents who smoke to stop doing so in their homes for 24 or 48 hours before a child visits, Banzhaf said.
In some cases, judges have denied custody to a parent because “the very fact that you would continue smoking around the child, knowing the risk, knowing how widely publicized the risks are, suggests to me a lack of concern” for their health, Banzhaf said.
The legal debate revolves around the protective effects of the vaccines not just for the recipient, but for children and teens around them. Vaccinated people can spread the virus, but health officials have stressed they are much less likely to get infected in the first place, reducing the likelihood they will pass it along.
Rosen, the attorney representing the New York father, argued that even if the father got vaccinated, that would not eliminate the possibility of him getting and transmitting the coronavirus. He also noted that the child goes to day care with other children.
“There’s just so many different ways this child could be exposed to COVID that to single out the father and make his access conditional upon his vaccination status is not only inappropriate, but well beyond any kind of reasonable determination in the best interests of the child,” Rosen said.
Banzhaf argued there was strong evidence for the risks posed to a child by spending time inside with an unvaccinated parent. In fact, he said, “the evidence is far clearer than we used to have with regard to secondhand tobacco smoke” in custody cases.
What will happen for the father in the L.A. County court case remains to be seen. Silberman gave the man roughly a month to provide the documents he requested, which he would review privately.
At the November hearing, Silberman told the father, “I hope you do have a genuine health reason for preventing you from getting” the vaccine. “I just want to know what that is.”

This was totally Predictable, I recommend every person read the Crimson Contagion Functional Exercise of 2019. I did in March 2020.

Best of Health to everyone.

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Aldon Smith, x49er, xRaider, xSeahawks, xDallas Cowboy, in San Mateo County Court Today.

By Michael G. Stogner

21-SM-014538-A

Aldon Smith needs HELP not Enablers.

TMZ Sports was first to report his December 6, 2021 arrest by the CHP in Redwood City,

Details surrounding the arrest are unclear.” Welcome to San Mateo County, That is the first of many RED FLAGS.

Aldon Smith might have been kicked off of several NFL TEAMS but he is on the “Those Who Matter” TEAM, in SMC. That is the Last Thing he needs.

His Defense Attorney Joshua Bentley is most likely on his cell phone speed dial. Sheriff Carlos G. Bolanos and District Attorney Steve Wagstaffe numbers are on Joshua Bentley’s speed dial.

TMZ reported “Details surrounding the arrest are unclear.” How is that possible in 2021. What could be unclear about an arrest that takes place around 2:30 PM and Booked in jail at 7:38 PM. Where was Aldon Smith for those 5 hours?

What date and time did San Mateo County Sheriff Carlos G. Bolanos provide the 760,000 residents with a Press/News Release of Aldon Smith’s ARREST for DUI BAC .288 which is over 3 times the legal limit? Sheriff Bolanos Never did provide that information, WHY?

In 2018 Aldon Smith was arrested for DUI with a BAC of .40 which is 5 times the legal limit, and that happened with him wearing a SCRAM device.

Why did San Mateo County District Attorney Steve Wagstaffe file this FELONY criminal case as a Misdemeanor? 21-SM-014538-A The People of the State of California vs. Aldon Jacarus Ramon Smith

The “Those Who Matter” TEAM also includes Superior Court of California County of San Mateo Judges.

November 22, 2021 the Court Public Access Telephone Service has been discontinued. The SMC Judges Invite you to attend in PERSON. I recommend any member of the public who is considering going into the 400 County Center Building, in Redwood City, California, First Google the word PANDEMIC.

This case is being heard at 9:00 AM in Courtroom 8B by the Hon. Judge Stephanie Garratt.

Hon. Judge Stephanie Garratt is the Judge that on July 2, 2018 GRANTED the San Mateo County District Attorney Office MOTION to DISMISS the ENTIRE Zainali Jaffer criminal case AFTER it had already had a Preliminary Hearing and evidence and testimony was heard and ALL CHARGES were approved.

Don’t expect this Felony Criminal Case to go much different, than the Sheriff Sergeant Lou Aquino DUI case, the Zainali Jaffer Criminal Case, or the San Mateo County Sheriff Activities League (SAL) Embezzlement & Money Laundering Criminal Case with Barbara Bonilla being the only person charged when there were others.

I’ll post update as soon as I get it.

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SMC Judge Elizabeth Hill, Deny Zain Jaffer Motion to Destroy Records in case 17-NF-012415A

By Michael G. Stogner

Update: from this morning

  • 12/30/2021 Opposition to motion filed Comment
    Opposition to Petition to Seal Arrest
  • 01/03/2022 Motion hearings Original Type
    Motion hearings Judicial Officer
    Hill, Elizabeth M.Hearing Time
    10:00 AM Result
    Held Comment
    PC 851.91 Parties Present Defendant Attorney: OLMOS, DANIEL
  • 01/03/2022 Party appeared by audio and/or video
  • 01/03/2022 Waiver of personal appearance
  • 01/03/2022 Motion granted. Comment
    Moving party: Defense Motion title: Motion to withdraw petition

Today at 10 AM Courtroom 2A the Hon. Judge Elizabeth Hill will preside over a Motion by Attorney Pezhman Pakmeshan to Destroy all records in the Zainali Jaffer case. On December 30, 2021 Opposition to Motion was filed.

Before the Superior Court of California County of San Mateo approves such a Motion, I’m asking that you Correct the Record and Synchronize it with the known Facts. The Odyssey Portal Court Records in the Zainali Jaffer case start with a criminal case being filed on 2/13/2018. The entire DATA from October 15, 2017 until February 13, 2018 is MISSING. That’s 4 months, Who caused that to happen?

Zainali Jaffer was arrested on October 15, 2017 by the Hillsborough Police Department for Attempted Murder of a child (his 3 year old son).

The Official State of California Court Record fails to mention San Mateo County District Attorney Steve Wagstaffe Filed a Criminal Case against Zainali Jaffer on October 17, 2017 and he was arraigned in Court on October 17, 2017. The Attempted Murder of a Child was NOT one of the charges.

The Official Court Records in the Zainali Jaffer case should be preserved until the PUBLIC can be sure there is no corruption in the State of California Courts.

Who is responsible for the DATA in the Odyssey Portal Court Records?

Who has access to that DATA?

I would recommend before ANY Judge rule on this Motion, they view the Hillsborough Police Department’s Body Worn Camera Video of the October 15, 2017 4:00AM arrest. Also check with Town of Hillsborough to see what their position on the Destruction of all records might be.

The last time San Mateo County News.com interviewed Hillsborough Police Chief Mark O’Connor on the Arrest of Zainali Jaffer he said he stands by ALL of the Charges. That includes the Attempted Murder of a Child.

Records should be Studied not Destroyed Article

The Public is invited to attend the San Mateo County Courts in PERSON. That is a Terrible Idea.

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Broadmoor Police Commissioner J. Wayne Johnson R.I.P.

By Michael G. Stogner

J. Wayne Johnson R.I.P. passed away on June 10, 2017. This is the first time I am writing about him because last week was the first time I heard or read anything about him. From what I can tell he was a FINE man.

He was a Broadmoor Police Commissioner (one of three) when he was arrested and his home was searched and personal property taken by the Broadmoor Police Department.

The part that caught my attention was later he discovered that the Arrest and Search Warrant was NOT signed by any Superior Court of California, County of San Mateo Judge.

That means the Broadmoor Police Department committed a crime against J. Wayne Johnson, in 2015.

A reasonable person would know that being fraudulently/falsely arrested and falsely accused of crimes would cause stress issues, financial issues etc. J. Wayne Johnson was 75 years old when this assault against him occurred. He died less than four months after a Judge in San Francisco said his case could Proceed.

What did San Mateo County District Attorney Steve Wagstaffe do about the Broadmoor Police Officers producing a False Arrest and Search Warrant……..The answer is NOTHING.

Notice Of Motion And Motion For Summary Judgment Matter on calendar for Friday, February 17, 2017, Line 7, Motion For Summary Judgment. (Part 2 of 2).

summary adjudication on the third cause of action is denied because a triable issue exists whether there was probable cause to support the search warrant.

As to the fifth cause of action for violation of the Bane Act, Mr. Johnson has established a triable issue whether the defendants took coercive actions against him by promising to drop their investigation if he resigned.

As to the seventh cause of action for false arrest, there is a triable issue whether the search warrant was based on probable cause and consequently a triable issue exists as to the validity of any arrest based on evidence obtained during the execution of the search warrant.

As to the eighth cause of action for intentional infliction of emotional distress, a triable issue exists whether the search warrant was supported by probable cause and whether the alleged retaliatory constitutional violations constitute outrageous conduct.

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X 49er Aldon Smith BAC was reported to be .288

By Michael G. Stogner

21-SM-014538-A

This is a “Those who Matter” case, San Mateo County Sheriff Carlos G. Bolanos provided NO BOOKING PHOTO or PRESS/NEWS RELEASE of the arrest. Why?

That is the first Tell. The 2nd Tell is Defense Attorney Josh Bentley, The 3rd Tell District Attorney Steve Wagstaffe filed this case as a Misdemeanor 21-SM instead of a 21-SF which is a FELONY.

Smith declined a field sobriety test but later took a blood test that showed a blood-alcohol content of .288 percent, District Attorney Stephen Wagstaffe confirmed Thursday. Smith spent the night in jail. (source San Jose Mercury News Michael Nowels)

By declining a sobriety test at the scene, you forfeit California Drivers License for 1 year, unless you are one of the “Those Who Matter” TEAM.

If he was a BAC of .288 why is he charged with a 0.08?

San Mateo County has a First Chance DUI program for 1st time offenders. To my knowledge it does not have a 4th or 5th Chance DUI Program.

San Mateo County does have Defense Attorney Josh Bentley, Watch this case, it is going to be exciting.

TMZ was the first to report the arrest on December 6, 2021.

When I say watch this case, I mean show up to Court IN PERSON. A reasonable thinking person would know that there is a COVID-19 Pandemic in San Mateo County at this time. Listening by phone to the Court Hearings would be a lot safer you would think. Superior Court of California County of San Mateo Presiding Judge Leland Davis III thinks just the opposite. He cancelled Public Access by Telephone on November 22, 2021.

If you do attend the next Court date don’t be surprised if Aldon Smith and Josh Bentley appear remotely for safety reasons. Who would blame them. Stay Safe

Next court date January 4, 2022

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San Mateo County Presiding Judge Leland Davis III

By Michael G. Stogner

Dear Hon. Judge Leland Davis III on November 22, 2021, You cancelled the Public Telephone Access to the San Mateo County Courts. I’m asking you to reverse that decision.

Public Access Policy Updated 11/22/21 – The listen-only public access lines are no longer in effect; proceedings are open to the public to attend in person.

As you can see by the Alert issued today, It would be safer for the Public to listen on the phone.

Covid Act Now Logo

COVID ALERT FOR

SAN MATEO COUNTY, CALIFORNIA

RISK INCREASED

on 12/23/2021Image depicting that San Mateo County, California went from "Medium risk" to "High risk"Note that risk is reduced for those who are vaccinated.

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Zain Jaffer, A few more, David Khan, Sandra Harmon Family, Chinedu Okobi Family, Roger Allen Family.

By Michael G. Stogner

Zain Jaffer Wants to Help Others

Zain Jaffer the other day I wrote about you assisting Sheriff Deputy Juan P. Lopez with his 7 year legal defense expenses now over $300,000, and I see that tomorrow David Khan of Daly City has a court appearance in front of Hon. Judge Barbara Mallach in Courtroom 2A at 10:00 AM just like you do. David Khan would be another person I recommend to you for your help. The other three families mentioned above have lost loved ones to Homicides by San Mateo County Law Enforcement. They could use you help against the Government in those cases.

Your prepared statement that you read when your case was Dismissed, July 2, 2018

“I was incredibly fortunate that I was able to defend myself through the legal system, but I am aware that many others are not. Moving forward, I plan on examining ways that I can help others who are innocent and are seeking to obtain justice.”

In the last 3.5 years I have not seen anyone that you have helped or even asked about for that matter.

Thank You, in advance for considering these cases. If interested I have many more cases for you.

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Zain Jaffer, x Sheriff Deputy Juan P. Lopez case is what you are looking for.

By Michael G. Stogner

Mr. Jaffer said he appreciates that justice was served in his case and that he wants to help other people who find themselves in similar situations. “I was incredibly fortunate that I was able to defend myself through the legal system, but I am aware that many others are not. Moving forward, I plan on examining ways that I can help others who are innocent and are seeking to obtain justice.”

Mr. Jaffer I had hoped to see you sooner, that has not happened yet, let me bring the People vs. Juan Pablo Lopez case NF433910A to your attention, I think this case is exactly what you were talking about when you made your statement in a Superior Court of California County of San Mateo.

Just to refresh your memory, San Mateo County Sheriff Deputy Juan P. Lopez was arrested 7 years ago at gun point at one of his homes in front of his son. He was falsely charged with Smuggling a Cellphone and Drugs to a Hells Angel Gang Member who was an inmate in the Redwood City Jail, so both of you know what the inside of that jail looks like.

The Sheriff Deputy Juan P. Lopez case is the perfect example of Organized Crime and Corruption that I have witnessed in the last 20 years. As you can imagine the personal humiliation of being arrested twice, falsely charged, the cost for Attorneys for 7 years, and the loss of Income for 7 years.

Most recently Hon. Judge Joseph Scott, Court Clerk Kimberly Bihl and Court Reporter Jocelyne Fakhouri conspired to commit a crime and then did. PC115(a)

Also most recently Superior Court of California, County of San Mateo Presiding Judge Leland Davis III issued a policy change for Public Access by Telephone.

Public Access Policy Updated 11/22/21 – The listen-only public access lines are no longer in effect; proceedings are open to the public to attend in person.

This policy change is most likely connected to the Juan P. Lopez criminal case and the RECORDING from July 27, 2021 which PROVES a Judge, a Court Clerk, and Court Reporter committed a Felony.

Mr. Jaffer, I know you are busy, Thank You, for considering this as one of your cases to help.

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Hon. Judge Leland Davis III, Response is due today.

By Michael G. Stogner

Public Access Policy Updated 11/22/21 – The listen-only public access lines are no longer in effect; proceedings are open to the public to attend in person.

Just received this response:

Bianca Fasuescu <bfasuescu@sanmateocourt.org>To:michaelgstogner@yahoo.comThu, Dec 16 at 9:59 AM

Dear Mr. Stogner,

The court received the (attached) request, which you submitted pursuant to rule 10.500 of the California Rules of Court, on Tuesday, December 7, 2021.

The court has concluded that processing this request will require additional time and, therefore, is invoking the 14-day extension permitted under rule 10.500. (See Cal. Rules of Court, rule 10.500(e)(8)(A)–(C).) We estimate we will be able to notify you whether the court has disclosable responsive records by  Monday, January 10, 2022.

Sincerely,

Bianca Fasuescu

My records show the document was received on December 6, 2021 at 8:03AM

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