Here is an interesting decision from the appellate court, my opinion of two litigants, ‘Mom’ & ‘Dad’…..I often ask and I often wonder what makes people in DIVORCE court think they can play games? You would never behave like this in a criminal court/ Behave? My point is that some litigants are just outrageous as to what they try to pull on the court and even when they get caught, it seems to matter little. You pull crazy crap in criminal courts or, god help you, in a federal court, you could very well wish you were never born. I also understand that many do not like what a judge is doing or saying, it is your right to appeal. It is also your right to try and be civil and not push back at every opportunity against the process. If you do, that too is your right and you are going to pay for that right.
In the court of appeal of the State of California, 2nd Appellate District, Div. 3, The Marriage of TAMMY and RAPHAEL METZGER B251861 Los Angeles County Superior Court # ND062399.
You can read the entire decision on the site, it will be made available right here. Due to some issue involving the child of this DIVORCING couple, a minors counsel was going to be appointed and $100,000.00 was going to be required to get Eve Lopez, who is very qualified having a degree in Forensic Psychology as well as a J.D. Degree. (As it would happen Ms. Lopez has a child with special needs and has handled dozens of similar cases)
The Metzgers too have a child with possible special needs so this is as good as it can get, in my opinion, for all the parties, right? Especially the child, right? Well ‘Dad’ is not so thrilled and puts into play to appeal the decision of the court. (I would rather go to Vegas and put it on red and hope for the best) Tammy Metzger was good with the idea as well as the costs. She would, at some point, be responsible for half of the $100,000.00. And frankly, the child, at times, in all of this craziness needs someone to speak for his or her needs too. Family Code section 3150, subdivision (a) gives the court that right. Judges too have guidelines that need to be followed. That is why they are appointed to be judges, hmmmm many dont like it too much, TOO BAD!
Rose, please post the case that you found on the internet with this article, thanks John
Raphael Metzger was annoyed to the point of bringing an ‘ExParte’ to discuss his displeasure. DENIED Note: ExParte is a legal term for ‘open your wallet and give me and or your lawyers lots of money ‘…..you want to play this game of DIVORCE? Good. Then you should be prepared to pay for it. It is time consuming.It can take an entire day and everyone, the court and its staff have to allow time and this is always a drain on court resources, never mind the calendar.
Do not get me wrong here, Raphael Metzger pulled no punches in what he thought of the judges ruling… college funds, who the child should be involved with, due process, childrens rights and on and on it went.
The Appellate Court found against Raphael and his lawyers
The opinion filed in this matter on March 4, 2014 is hereby modified as follows:
On page 14, lines 1 and 2, delete the Disposition and substitute the following in its place and stead:
The order is affirmed. The Petition for Writ of Mandate is dismissed as moot. Respondent Tammy Metzger and Petitioners Eve Lopez and M.M., a minor, shall recover their costs in these appellate proceedings. The Petition for Rehearing filed herein by appellant on March 19, 2014 is hereby denied.’
When the opinion in this matter was originally filed, it was not certified for publication. For good cause now appearing, it is hereby ordered that the opinion in this matter, filed on March 4, 2014 is certified for publication.
Well it would have been cheaper to just go along with the program as ordered by the sitting judge. The $100,000.00 fee for minors counsel was going to be long term and not a short and most likely not an easy assignment. The time required and the work at times can be over whelming. Also, this is why Ms. Lopez has spent time and money on her education, to do what she has to and to get paid! BTW, this is not a big smile and a nod and then get the services and pay as you please proposition, Oh No, litigants are going to pay and pay now. As I have said hundreds of times, this is work and it is also (ugly word for many) a business!
Please read the entire document. For any Mom or Dad, this is critical to know as to what you will, or may, face in DIVORCE court.
Download the document Mertzer B251861
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By John Nazarian
Straight Talk with John J. Nazarian, Private Investigator
March 28, 2014
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