Tuesday, September 8, 2015

Of the heat wave continuing and Update on the Hearing~~~~~

Hello Darklings,

Well as the wicked witch said in the "Wizard of Oz"  "I'm melting! Melting!!"   right now I consider her a kindred spirit.

It seems that Summer is going to go out with a final blast of Heat, it's up to triple digets in some areas,  our thermometer is saying 91 and I saw on the computer that it's 93 degrees out.   The fans are on, damp towels for the Dynamic Duo, I have the window air conditioner on in the down stairs spare room, and dash into it when its too warm for me or to at least do simple things like folding towels and such.

Doyle and I have been sleeping on the back screened porch at night with a portable T.V. and one of those HD antenna's, amazing what stations one gets.   Of course Doyle has to re-adjust it like the old-fashion rabbit ears, but it's such a time machine we're even getting games shows from the mid-1950's to to late 1970's like Tattle-Tales and To Tell the Truth.

My brother took his family to the historic Ghost Town of Columbia for the Labor Day weekend, it seems that place has a California Admission Day Parade, and does historical re-enactments as well.  From what the children told me it was very exciting and a lot of fun, but also very hot.   But I'm glad they went in their RV and it has air conditioning as well.  Both Coraline and Chris really like, well more excited about  the historical aspects of this latest trip. And their parents were willing to buy books about the area for their personal Library.   I'm glad.

Once this heat wave is over I think I'll be able to think more clearly about some articles I've come across that I think you Darklings will enjoy.

But now an update on the Court Hearing

I’m afraid I cannot wax in rhapsody  about the event as we got up at “Oh Lord” it’s “f’ing” early, but up we got, showered we got, dressed we got, the Dynamic Duo had a chance to go potty, Brian watched them and off we went.
I think because it’s a holiday weekend traffic was light, we got to the AlCo Parking lot just as it opened, found  parking, so we waited for 45 minutes in the Parking Lot, before we went to the Court House, passed through Security, got a cup of coffee, up to the third floor and waited. 
We were joined by other people who also had harassment court cases, a total of 52 cases and we were number 51 on the docket.  As it began to get crowded, Crazy  exited the Elevator and was shocked to see us, I looked straight at him with what I hoped was laser vision and he ducked his head down and tried to find a place to hide, going clear across the lobby and ducking behind a door.
So we finally got into the court room,  we sat close to the front while Crazy was in the back and watched and waited, and watched and waited and watched and waited, but during all that watching and waiting I was getting an idea of how this Judge works, he went through the list, found some of them paired, asked if there were any attorneys, I became concerned and got the Bailiffs attention and asked since I didn’t have an attorney to represent me did I have to go to the clerk and he said no just wait until called.
O.K. thought I, several cases were dismissed because neither parties showed, some he passed on to go back to later, some he granted a 3 year Restraining order (RO), some he couldn’t and explained why, He granted RO’s to those people who showed up but the opposing party didn’t show up.  But I noticed that a number of them went to see if they could be mediated, most did come to an agreement except two, and I noticed that even though the defendants complained about the TRO’s they wanted it dismissed because they claimed that THEY were the victims, when the plaintiff had a preponderance of evidence.   So the Judge would grant the RO’s to the plaintiff's leaving the defendants royally ticked off.
It was nearly 11 a.m. by the time the Judge got to us and he ordered that we talk to his legal team to discuss mediation.   I was not thrilled about that, not at all, I wanted it over and done with NOW!   
But as I listened and talk to the legal team I sensed there was a pattern to what the Judge was doing.    
Crazy was saying he had evidence that I was not the legal owner of the house, claiming to have paper work and he wanted to present it now, he was told that would have to wait, so he said he wanted to get evidence that we were calling him on his phone and harassing him and when could he present his evidence and get papers from ATT to show that we were harassing him, claiming that he's a victim.  I realized he was emulating the two previous cases, I guess hoping to have things turn out differently for him and then  he said to the other lawyer “I’m semi-literate, I don’t understand this.” 
The mediator was telling us how and what is done in mediation and I said “How can one mediate with a person who makes threats, attempts to assault us, vandalize and trespass on our property, makes false allegations,  calls us foul names (and I gave her examples) threatens to rape me, poison our dogs, and kill my Doyle?   Can you explain that?”  and Doyle said “How can you mediate with someone who is ‘bat-shit crazy’?”    
 And she (the mediator) said “Well sometimes we can make sense of why someone is bat-shit crazy.”  (I mentally rolled my eyes).
Then I began to see the pattern, when she was distracted by a question by one of the lawyers, I turned to Doyle and said “Let’s mediate, we show we are doing it in good faith, and Crazy shows he’s nuts, which he will,  it will look good with the Judge, because the lawyer said we can have the hearing if the mediation doesn’t work.  We can refute each of Crazy’s claims and he really doesn’t have proof.”   Doyle went along.
So when the lawyer turned to us I said immediately “O.K. we’ll go to mediation!”   This threw Crazy off balanced, I sensed that he realized in some deep recesses of his mind, I had suddenly taken charge and was calling the shots---so to speak---I knew we were being guided by the Judges Legal team, but I was the one making the decisions, and Crazy had no say in the matter which made him mad as hell and I didn't care!

Whatever Crazy had in his mind was not going to happen his way, I in essence had foiled him.
 So the first really free date is November 6 a Friday, but we were promised that the TRO will stay in place and will be extended to Nov. 6, I felt it was a win for us.  Even though it’s a delay it’s still a win, on certain levels.   I’ll get  my pictures that are now being developed to show clearly what we had to do to add to my evidence and it presents a positive image to the Judge.
We were told where to meet for mediation, and we would be the first on the docket.  So we went back to the court room, the Judge when he got through with another case, asked and the lawyer said we are going into mediation, the Judge was happy about that and said he would  have the clerk draw up the orders and I asked “We stay here to receive the paperwork from the Clerk?” and he said yes, but Crazy left immediately with a sort of growl in his throat that made the Bailiff take notice to be prepared.
We stayed, and stayed and stayed, finally the Judge ordered a 10 minute break, Doyle stood up and stretched his legs when he did that the Deputy Sheriff who is the Bailiff said to him “Are we having fun yet!” Doyle said to him “I was going to say that to you, I guess you’re a mind reader.”   So I left the two of them alone while I went to the bathroom, there was no sign of Crazy.   When I came back the Deputy aka Bailiff was heading to the main Lobby I said to him “Has my boyfriend been teasing you?”  He smiled and said “Nah!”
I was surprised that the Bailiff talked more casually with Doyle,  with everyone else it was more businesslike, I asked Doyle and he said he didn’t know why, but I suspected because Doyle still carries himself as if he were still a police officer because the Bailiff did ask him and Doyle did tell him.
So after the break, we waited and waited and waited for the clerk to bring our paperwork but she couldn’t find us on the docket list,  so she came to me and asked which case were we, I gave her the name and she looked and looked but couldn’t find us, so she asked me to look through the list, I scanned the list and found my name and pointed it out to her, she was happy and thanked me and went back to prepare the orders.
So we waited a little longer, then finally the assistant clerk came to us and we had to go into the foyer, she asked for Crazy and I said he left  an hour ago, is his paperwork to be mailed to him?  And she said no, if you leave the follow up paperwork is never mailed, if he was here he knows the date, but the way she said it, it seemed to imply that it was not be good for him to have left.   So she explained to me what the paperwork was about.  I asked if I could also bring more evidence and she said yes.  So I thanked her and Doyle and I left.   We had finished by 12:15 p.m. and I was developing a head-ache, Doyle was hungry and we were worried about the Dogs even though I know Brian would take good care of them.
The dogs were happy to see us  so we let them out as just as I was opening the back door I saw a squirrel bandito on the ground eating a walnut, the dogs both  went into full stalk mode, head down, body lowered, slowly moving down the steps, eyes intent, it was such a joy to see them in that mode, then the squirrel realized something was up and made a move but the dogs were pretty smart instead of chasing the squirrel they cut to the right to cut off the squirrels escape, a good move but not quite fast enough, the squirrel escaped within a hair’s whiskers.   Doyle and I praised them and were entranced by their hunting methods.
We had lunch and talked as we ate about what had happened,  I explained in more detail to Doyle why it was better to delay and go for mediation and reminded  him about the two cases earlier that had mediated but failed and the Judge granted the plaintiffs motion for an RO.   I said “That’s how the Judge plays, and I think that is how it will play with us. 
We still have the TRO and still have the upper hand”   Doyle agreed although he would have preferred that it be ended now, but I said “I think this Judge believes in giving things a chance, but he’s the same one who granted everything I asked for the TRO so I think we’re good.”  
Also I told him, if we had instead gone ahead, we would have been feeling not well because it would be past the lunch hour, and everyone would be tired, and it's the holiday weekend, this way we gain on several levels, we start fresh, the Judge is happy we'll try mediation, a lot can happen between now and November 6, Crazy could now get arrested if he violates the TRO.  So in the long run it's a win-win. 
 I told Doyle further “Crazy did not get the follow up paperwork, he was told the date, but he has no paperwork and they are not going to mail it to him to remind him”   Doyle looked at me and said “He may forget.”  “Maybe”  I said “but if he does show up we can refute any and all his allegations, we’re still ahead and if he refuses to any agreements, or still wants us out, that’s it, he’s done.”  
And since the  court date Crazy has been behaving himself, but we both know that may not last long, the voices in his head will start to whisper to him.  Unless he really does start taking his medication, which would be a blessing for his elderly parents.  
So now we look forward to Halloween and all the attending Joy around it.   We had gone to Home Depot to get a few things to do a few quick repairs and already there was Halloween things,  I became so excited seeing it.  But Doyle reminded me that we have a lot of things already so we do need to plan how we're going to display things outside and inside.  
Yes, I have to start planning now since Halloween is on a SATURDAY!!!   Oh My, I think I'll have to have some things catered, I'll talk to Sis about it tomorrow, in the air conditioned room.  

And now Doyle has returned with our favorite stand by dinner    CHINESE!!!

Later Darklings


  1. Sorry to hear things didn't go your way. I have been following up on these posts because I too have crazy neighbors and can relate. My neighbors are no where near as messed up as this guy though. I am pretty sure it will work out for you. I think the judge wants to be "fair" and is covering his ass. I am sure he is trying to avoid discrimination charges. I am sure you will win. Good luck to you and and Doyle

    1. Thank you Sylvie!

      In a way I do feel that it is going our way and like you I do feel we will win.

      I did find out that there are several types of restraining orders, the usual one is for domestic violence, but there is also the "no harassment, no contact" order.

      The first one relates between two people that have some sort of relationship, but the 2nd one relates to a non-related person who harasses, threatens, intimidates, vandalizes, trespasses on your property.

      The second one can be used on stalkers especially.

      When a police officer says "Get a restraining order" lots of times they don't say what kind. So it helps to ask the officer what kind, or go to the police station and ask what kind can you get.

      But especially document, document, document, keep a journal to refer to, ask the police officer for a number for the incident report each time you have to call the police, get copies of any and all incident reports, take photographs, if need be get sworn affidavits from witnesses, keep all receipts for any repairs as well as any statements from those doing repairs. And when the person is served make sure the notice of service is properly signed and dated, if done by a private party.

      If done by a Sheriff's deputy you should get an e-mail (if you give your e-mail address) or receive a notification by snail mail, take that with you to court to prove, proof of service.

      It is a lot of work, but it helps strengthen your case should you need to go to court. I found out that the 100 yards to stay away is standard, I'm not sure what state or county you're in but check on line.

      And above all take your time doing the paperwork, make at least 2 copies of everything, one for you and one to whom it has to be served on, and if need be extra's if there is more than one person.

      If you feel that your life is threatened in Alameda County you can request that the person be served by the County Sheriff dept. for either a modest or no fee.

      But it takes time, standing in line, filling things out making sure you have everything.

      You're right, I feel that the Judge wants to make sure everything has been tried, as well as to have on file for court records that it has.

      I know 6 police officers who are rooting for us, one came by (off-duty) with a bouquet of flowers. It was sweet of him, but it does help the officers as well, having the TRO and then the more permanent RO in place.

    2. Wow,,, for me its easy, they are renters and so am I. I will just move! Things have been quiet. When they are on their meds, they are nice people! I guess it sucks for you to go through all that BS. Hang in there! It was very nice of the officer to bring you flowers. I am rooting for you too, all the way from Montreal! *hugs* and have fun with the Halloween shopping :)

    3. Montreal!! Oh My that is a bit of a distance.

      Thank you again and I'm glad that at least when your neighbors are on their meds they are nice, And at least you have the recourse of moving.

      Hopefully they will stay that way on their meds for a good while so you can enjoy the Holidays.