Have I ever mentioned my thoughts on the Honorable Judge Christine Byrd who, in my opinion, is one of the toughest Judges in the L.A. County Superior Court? Tough, and at the same time always fair; and the reason, you ask, Judge Byrd knows the law, and she is not easily BSd by cute lawyering. And God help you if you, the litigant, cant keep your tongue straight. DO NOT PLAY WITH HER!
Note: California Court of Appeal Case: B276665. This is an example of some lawyers, not the brightest of the bunch, who appealed Judge Byrds decision. The result should have been predicted. I would have bet a few grand on the failure of this appeal. * The decision is attached for your reading pleasure.
Pushing right along, Judge Byrd made a decision that was brought up on appeal by Mr. Turfes legal team. Honey Kessler Amado, Esq., has been around for years and appeals is what she does. Frankly, she is likely one of the best in her field, and again, her specialty is appeals. Note: Lawyers, like myself, get paid by the hour and will gladly build you a beautiful sand castle by the shore, or in this case, handle your appeal. It is those darn waves hitting the beach that ruins all those sand castles, or in this case, Second Appellate District Div. Three!
The issues were one of my favorite subjects, Muslims and Islam. The friendly people and the peaceful religion. Robert Turfe v Summer Turfe. Robert Turfe did not like the fact that Judge Byrd made her rulings based on California State Law and that of the Constitution of the United States of America! It would appear that Robert Turfe was betting on his Islamic beliefs and faith to find that his wife tricked him when the happy ones were married.
Mr. Turfe also believed that he and the Lucky Mrs. Turfe would be all good in those Islamic traditions, praise be to Allah. (Perhaps in a Muslim country this might be a great thing (contract); however, our Muslim invaders want to have their traditions and Islamic laws get recognition in America. Lets all pray to God that never happens.)
Hmmmm? Islamic law is referred to as Shari’a. Shari’a means straight or clear path. Islamic law is a divine law. The Shari’a governs relations between man and God, and between man and man. * copied from an online source
Hmmmm? The two primary sources of Islamic law are (1) the Quran; and (2) the Sunna. The Quran is the Muslim’s holy scripture. It is a compilation of revelations — the Word of God — received by the Prophet Mohammad beginning in 610 A.D. The Sunna is essentially the prophetic example embodied in the sayings, conduct, and traditions of the Prophet. * copied from an online source
What we have here is a mahr agreement, a document that is an amazing thing, and I can see why husbands would love it. The short of it is, Muslim hubby and Muslim wifeee agree that she will take “5 gold coins” at marriage and if at some point she wakes up one day and hates his bearded ass, she says enough, and she gets a copy of the Quran and is shown the door. And that is the end of the marriage, and everyone goes their way! LMAO! Folks, are you beginning to get the feel of the mahr agreement.” To be even-handed, the Mahr agreement could involve a great deal of money and or property. In common language, the mahr really is a contract, and thus Mr. Turfes thoughts on having his marriage made to disappear in an American court was a violation of what he felt was a deal.
Hubby, aka Mr. Turfe, felt that he had been hoodwinked by Wifeee, aka Mrs. Turfe, and thus a fraud had been committed. Committed due to the Wifeee not wanting to take that sweet little book, The Quran, and pack her shit and hit the road! Can you imagine? She has been Americanized and wants her share of the property.
The following is taken from the decision:
The parties were married in 2000. Their first child was born in 2002, and their second child was born in 2005.
1. Pleadings.In March 2012, wife filed a petition for marital dissolution. In May 2012, husband filed a response to the petition, claiming as his separate property his post-separation earnings and accumulations, as well as other separate property assets not yet known. He also pled [t]here are community and quasi-community assets and obligations of the parties, the exact nature and extent of which are unknown to [him] at the present time.
In January 2014, husband filed an amended response to the petition, requesting an annulment of the marriage based on fraud, and requesting specific performance of the mahr agreement.
If I had been counseling Mr. Turfe, I would have mentioned to him that this is The United States of America and any of these religious twist and turns, hocus pocus beliefs have no place in the courts of America. There is a document that throws all of those religious who done its into a ditch! That is the Constitution of the United States of America and all that it stands for.
The Honorable Judge Christine Byrd knows her stuff, and that stuff is the law of this state and this country. Whoever told you to take a shot on an appeal based on your mahr should make you a great big refund! Mr. Turfe, someone sold you a bill of goods to make you think you had a chance of winning on appeal. Hell no! It is not practical, or realistic, based on the facts as described. My question is, did this man think that his wife was just going to go away? Did he also think that a sitting superior court judge was going to find things his way? The Honorable Judge Christine Byrd got it right, again!
Personally, I wonder too, how did Mr. Turfe think he would ever get to kick Mrs. Turfe to the curb with a copy of the Quran and go on to live a happy life? As a devout Muslim, he would have never married wife had he known that she considered the mahr agreement to be purely symbolic.
What is really funny is that this gentleman really thought that at some point he and his wife could call it quits and she would just leave with nothing. The cultural differences of those who now call America home is very troubling. More interesting is that each side brought experts from two different mosques who gave contradicting thoughts on this. (Several judges have told me through the years that experts are important. Unfortunately, as long as you pay enough, you can always find one to contradict the other. So, to sit as a judge, you need to be wise as to the tricks and games as those who sit before you and their counsel)
In closing, I would like to remind all of these new citizens, and those who arrived years before, who cherish their old countries values. If you miss those values and beliefs, perhaps you should return to those lovely, peaceful, former homes of your ancestors.
Now that you live, and I hope enjoy, these great United States that it is these laws you will live with. For sure, thousands, maybe millions, of men would love to say to their wives we are done, get out, and oh, here is your book and the loving male spouses get to keep everything. Hell, this whole concept could be more popular than McDonald’s. Welcome to America, the land I love!
California Court of Appeal Case: B276665
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By John Nazarian
Straight Talk with John J. Nazarian, Private Investigator
June 6, 2018
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