Comment #: CA2595
Rating:Not Rated
Comments:
CLARIFICTION: STATEMENT BELOW
Concerning the Trust Property Damage photos, the HOA cited Rusty who is in charge of the property. Jennifer discovered the damage in April 2011 and her former attorney, Steven Barnes had to demand Rusty make repairs four months later.

Comment #: CA2594
Rating:1.0
Comments:
Judge Cline is a former president of the North County Bar (1992). He will be their honored guest speaker this Sept. and has kept fraternal ties with bar members. In the Schwichtenberg case his associations with Richard MacGurn, Constance Larsen, and Rusty Grant are suspected being behind his turning a blind eye to the flagrant bullying and abuse of a beneficiary who went pro per.
He refuses to address bifucating a Remove Trustee petition which includes:
1)Photos of Trust Property Damage including things the HOA cited her for and Jennifer's lawyers demanded cleaned up 4 months after Jennifer discovered them.
2)County Tax Accessor records showing Rusty did not paid property taxes late (penalties were charged to the trust).
3)Constance Larsen's blatant lie that Jennifer did not inform them she was trustee of Trusts B and C until June of 2011 when the countering exhibit shows an e-mail from Jennifer dated in April informing them she is trustee and they have no right to file in court sent to BOTH Rusty and Constance.
4)An e-mail Rusty Grant sent to Jennifer intended for another person stating “Can you believe this woman (Jennifer)? I say drop the settlement agreement (that they had tried to coerce Jennifer to sign, threatening her that if she didnt they would force her to give up Mary's home in court) and let the beneficiaries duke it out in court. I hate pro pers. Of course I am sitting here with a glass of wine so my tolerance level is low”

Just as he ignored Jennifer's request for bifurcation, Judge Cline ignored her asking for other relief in her last case management statement . This includes Constance Larsen's current refusal to let her go to the home left her in trust. When one former attorney told Jennifer she could legally go, Rusty left her without hot water, a broken heater, no telephone, roof leaks, a carpet strewn with dirt and a yard so unkempt that pipes were broken and squirting water at the house, the head of a marble fountain statue was missing and the fountain itself was a cess-pool.

Judge Cline also ignored a request to interpret Probate code 11754 which states “ Expenses of administration of the estate shall include reasonable storage, delivery, and shipping costs for distribution of tangible personal property to a distributee”. (“Shall” is defined in the probate code as “mandatory”) This was because Constance Larsen had written Jennifer a letter claiming “Probate 11754 does not require the trust to pay for shipping to beneficaries, it simply provides if the trust pays for such costs, the costs are considered part of administration”. Constance Larsen had refused to let Jennifer have her own belongings still at the house and any of the things left on her mother's list of items to give her though, the other siblings had come to the house to take their's ( police had to intervene when Rusty failed to provide adequate supervision) and Rusty having shipped an expensive teaset to Jennifer,'s brother she is favorably biased toward, bragging about doing it in an e-mail to Jennifer.

In the same statement, Judge Cline was asked to deal with the computer again, what he planned to do about the petitions now that he had ruled on them without giving Jennifer a chance to have her objections heard, and Constance Larsen's refusal to answer Jennifer's e-mails (though she did answer one days before the hearing making in which she made statements like “at the time you were visiting the house and wanted the telephone connected as a safety device. At my instructions she (Rusty) has had it disconnected” as an answer to Jennifer's question why the bill was double the base charges when she had not been at the home in that billing period.

Rusty Grant and Constance Larsen have continued to bully Jennifer outside the courtroom, spend trust assets in manners contrary to trust terms and charge things such as bounced check fees to the trust. Judge Cline just turns the other cheek.

Comment #: CA2590
Rating:Not Rated
Comments:
Case #37-2011-00150239-PR-TR-NC
Judge Cline made decisions that took away the rights of one of the beneficiaries, a current pro-per, Jennifer Grant, in favor of a trustee who's also a real estate attorney and alleged pro-tem judge, Rusty Grant (not related to Jennifer) by ruling on key issues in petitions during a protective order motion hearing thereby denying Jennifer her right to be heard on the petitions, On May 18.2012 Judge Cline stated “Maybe I should read the case”, but then continued to fail to do so (court transcript, unless altered should show proof of this statement). He also ignored Jennifer's Case Management Statement asking what he would do about the petitions now that he had taken away her right to argue the issues and also asking for bifurcation on the Remove Trustee petition issues that remained due to the seriousness of Rusty's violations of the Probate Code, Business and Professions Code and possibly Penal Code. He is also allowing Rusty to keep Jennifer's computer she took without permission or subpoena that was used by both Jennifer and her mother during her mother's life and was specifically left to Jennifer in Estate planning documents. This occurred 11 months after her mother's death when Jennifer had set protective passwords and had attorney/client privileged information on it. Jennifer has a document proving Rusty and her attorney planned to hack it.

Three petitions and a large volume of exhibits form the bulk of the case. The first petition was filed by Rusty on May 17, 201l and appears cleverly contrived to force a life estate residence left Jennifer into abatement. When the whole case is seen in context, little doubt exists that Rusty is favorably biased toward one of the other heirs, Bradd Schwichtenberg, despite her mandate to act neutrally (Probate Code 16003). All petitions seem to revolve around beneficiary Bradd Schwichtenberg's stated goal of getting this residence sold ( Bradd's Response to Rusty's Internal Affairs petition paragraph 4 page 4, Remove Trustee petition exhibit N).

The Remove Trustee Petition was filed by Jennifer who is seeking to remove Rusty from all three trusts though the reasons are different for A than for B and C,. However, exhibits 23-25, filed by Jennifer on April 16th, 2012 for an April 19th protective order motion hearing reveal a more personal motivation for getting the residence sold There is clearly a conflict of interest and likely violation of Business Professions Code 3-310 as Rusty Grant, her own attorney, Constance Larsen, and the realtor, who is designated to sell the residence, should Jennifer give it up, are long standing members and officers of a social organization in Escondido . The realtor has stated she would like the residence for herself, but even if she has changed her mind, she would make a profit selling it

Comment #: CA2568
Rating:1.0
Comments:
CLARIFICATION PART IV CASE #37-2011-150239

Because of computer program limitations, I had to enter my comment in parts. There are four parts--please scroll down and start with Part I for what I wrote to make sense. I did not know the computer would align the parts backwards

Also I need to make clear that Jennifer is never mentioned in the petition for a Forensic Accounting (Bradd's Internal Affairs Petition) as having done anything illegal. Rusty fabricated this and tried to make the State Bar believe this was the only reason she was doing a forensic accountin This is what I meant by "soley over Bradd's contention.....". I was simply stating what the State Bar reported to Jennifer she had said. There is no such contention in the case documents, but Rusty purposely mislead the Bar probably presuming that was what the compliant was over. One only has to read the case and Bradd's Internal Affairs petition to see the Forensic Accounting is based on his desire to force the sale of the home by accusing his mother of misspending and trying to subtract loans and gifts from everyone's shares of trust. I invite anyone interested to read the case.

PS: The complaint to the State Bar had actually been filed BEFORE Judge Cliee's decisions and dealt with allegations involving Rusty and Larsen's hostile and dishonest behavior towards Jennifer that violate State Bar Guidelines for Attorney Civility and Professionalism. Judge Cline could have stopped this behavior if he knew there was a problem from the Remove Trustee Petition and bifurcated that petition or paid attention to her requests in her Case Management Statement of May 18th.

Comment #: CA2389
Rating:1.0
Comments:
This judge is completely incompetent he he is mentally incapable of following cases, reading cases and relies only on clerks for assistance.

I suspect he has Alzheimer's or is completely bias and does not care about the law.