The Witness Murder in the matter Bennett vs. Southern Pacific heard by Judge Peter Spinetta
Bennett lost millions when represented by Bennett and Johnson folded his case after years of litigation, Bennett enduring revenue reasonable losses upwards of 300 Million with the loss of Mainframe Designs Cabinets and Fixtures. Founded in 1980 in a small 1000 sf shop grew to 10,000 sf, with monthly revenues approaching $100,000.
A 30 year set of lies
October 24, 2007
COURT SAYS LAWYER HARASSED JUDGE FOR YEARS
See the bottom of this item for an update, now that we've heard back from lawyer James Disney.
Thirteen years after presiding over a Concord attorney’s divorce proceedings, now-retired Contra Costa County Superior Court Judge Peter Spinetta still feels a need to watch his back.
Late Tuesday, San Francisco’s First District Court of Appeal upheld a three-year restraining order that prevents lawyer James Disney — whose 1994 divorce was handled by Spinetta — from further bothering the judge or his wife.
Writing for the court (.pdf), Justice Henry Needham Jr. held there was “substantial evidence” Disney had “seriously alarmed, annoyed or harassed the judge” for “no legitimate purpose.”
Justices Barbara Jones and Linda Gemello concurred.
According to the ruling, Disney has harassed Spinetta and his wife for several years, confronting them in 2004 at a Home Depot in Concord, where he allegedly yelled at the couple and called Spinetta “stupid.” The ruling also noted that Disney mailed several insulting letters to the judge in 2006, showed up at two social events in the Spinettas’ residential community in Rossmoor and appeared in the judge’s courtroom “once or twice a quarter for six years” to glare when he had no official business to be there.
“A reasonable trier of fact,” Needham wrote in Tuesday’s unpublished ruling, “could conclude, upon clear and convincing evidence, that Disney’s course of conduct was harassing, willful, knowing and without legitimate purpose, and was the type that would cause, and in fact did cause, substantial emotional distress.”
Disney, who got his State Bar license in 1964 after graduating from the University of San Francisco School of Law, couldn’t be reached for comment on Wednesday.
In Tuesday’s ruling (Spinetta v. Disney, A116153), the appeal court noted that Disney argued that the restraining order, issued in October 2006, would violate his free speech rights and his right to practice law in the public courts, among other things.
The appellate court rejected Disney’s arguments, noting, for one, that the restraining order wasn’t directed only at his “written ridicule” of Spinetta, but also the fact he had publicly confronted the judge outside the courtroom. The court also held that the order didn’t prevent Disney from practicing law, but merely requires him to go through the Martinez courthouse’s regular security screening and to advise security personnel when he had business in Spinetta’s courtroom (However, Spinetta retired from the Contra Costa court earlier this year.)
The appeal court also upheld $1,200 in attorney fees against Disney.
Update: In a phone call on Thursday, Disney expressed astonishment at the appellate court’s ruling, saying “oh my god” several times during the conversation.
“I think they are protecting a judge,” he said of the ruling. “I think they are personally biased and … god, this is strange.”
Disney admitted he had sent rude letters to Spinetta, but said he never intended to cause any physical harm.
“I have been angry about him, so I wrote some letters to him and I called him a jerk,” he said. “I said that some judges had their head up their ass, thinking they are on a pedestal. My experience with him was past, so I was just being critical of him as a person.”
Disney said he was especially upset that the appeal court upheld a restraining order that was based on written declarations and not other testimony. He complained that he hadn’t been given a chance to cross-examine the security officers who made the declarations about his supposed behavior.
“This is a teaching lesson,” Disney said. “It teaches an attorney — in this case, me — about a client who has told the truth and the courts won’t believe it.”
He said he was certain that any lawyer who read the transcript of the court proceeding in which the restraining order was issued would be “quite surprised.”
Disney vowed to petition the California Supreme Court for review and to seek certioriari in the United States Supreme Court if necessary.
“In my opinion,” he said, “this court is not following the law.”
— Mike McKee
Comments
I don't want to be off topic, but I noticed this blog on the Recorder web page right underneath a story about me. I have not read the story about me yet, but if anyone is interested in it, please email me at boatbrain @ aol.com aith any questions.
Posted by: Steve White | October 25, 2007 at 12:32 PM
my comments are located at www.myspace.com/calbarblog. read on stay straight and GOP
Posted by: FELIX TORRES, JR. | October 25, 2007 at 03:34 PM
I wrote a letter to the editor of the Recorder to tell them I was kind of disappointed that they did not give any of the reasons for my complaints against Orloff in the article.
Very briefly, I was a whistleblower when Orloff and Judge Barbara Miller tried to cover up the crimes of Martin Nakahara, who is the older brother of Judge Vernon Nakahara.
Martin Nakahara was a prominent East Bay lawyer who embezzled from an estate. I will not give all the details here, but the point is, I discovered the crimes, reported them to both Judge Miller, and the DA's office, and found out they were not going to take any action, so I put out some leaflets near the courthouse to tell the public, and got attacked for that.
Sorry if this was off topic but the article about me was right over top of the link to this one and there seems to be a mutual theme of people with gripes.
FYI also - Judge Miller was my divorce judge, but unlike the attorney in this article she did nothing I had any gripe with in the divorce, until helping to cover up for her fellow judge's brother.
Posted by: Steve White | October 26, 2007 at 07:41 AM
One more comment about my own case.
The charge against me was dismissed after I made a motion for disqualfication of the DA's office, and then subpoenaed Tom Orloff and Nancy O'Malley, numbers 1 and 2 in that office, to the hearing.
Bottom line, they preferred to let the case go rather than testify, which I think says a lot.
Posted by: Steve White | December 03, 2007 at 01:53 PM
#20204-TheWitnessMurder
Update: Code Enforcement Services during the Shelter In Place Order
The Code Enforcer
Code Enforcement
Update: Code Enforcement Services during the Shelter In Place Order
Effective Monday, March 16, 2020, City Hall and Code Enforcement offices are closed to the public to align with the Shelter in Place Order issued by the Contra Costa Health Department.
Code Enforcement staff are working remotely and remain available to provide assistance and answer questions. However, during this time of concern, Code Enforcement staff will prioritize citizen requests related to life/safety concerns. All other topics of concern remain important and will be further investigated at the completion of the County Shelter in Place Order.
The most effective way to report your concern/issue/question is by submitting an online service request through the SeeClickFix app (link below). This method of reporting allows you the option to remain anonymous. You may also contact us by emailing one of the Code Enforcement Officers directly and they will follow-up with you on your concern. Individual officer emails are listed to the right.
Reporting an Issue
SeeClickFix is mobile app and website that allows residents to report and view neighborhood concerns ranging from debris, graffiti, building code violations and unpermitted signs.
SeeClickFix is available as a free application, downloadable on mobile smartphones at http://www.seeclickfix.com/apps. Citizens may then photograph an issue or concern and report it through the application. A copy of the photo, the concern described by the reporting party, and the location, will then go directly to Code Enforcement for review. Citizens may also report through the website link SeeClickFix.com.
To report a nuisance violation or to request an investigation contact Code Enforcement. When leaving a message, please provide your name and phone number so we can clarify the issue as well as report back concerning what action(s) will be taken. We can usually respond to complaints within one or two business days.
We maintain strict confidentiality of reporting persons. Review Policy Bulletin PB-018 [PDF]
About Code Enforcement
The Code Enforcement Division of the Community Development Department is responsible for enforcing provisions of the Walnut Creek Municipal Code involving quality of life and neighborhood quality issues such as:
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The specific Municipal Code sections are as follows:
Title 1 Nuisances | Title 8 Business Licensing |
Title 4 Noise (in conjunction with the Walnut Creek Police Department) | Title 10 Zoning, Subdivision, and Sign Regulations |
Title 6 Outdoor Sales and Close-out Sales Regulations |
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Code Enforcement also assists with the City's Clean Water Regulations within Title 9 and administers private parking lot regulations contained within Title 10 (including parking lot certification).
Compliance
The Code Enforcement Team generally works under a model of voluntary compliance within reasonable time allowed to meet compliance. In rare circumstances, administrative penalties are assessed to those who fail to comply with the Municipal Code.
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Rebecca Beth Bauer-Kahan #233007
Ms. Bauer-Kahan represents constituents in the 16th District
Assemblymember Rebecca Bauer-Kahan Representing the 16th California Assembly ... their plan to expand abortion care and access in the Golden State.
Attorney Licensee Profile
Rebecca Beth Bauer-Kahan #233007
License Status: Active
Address: PO Box 335, Orinda, CA 94563-0335
County: Contra Costa County
Phone Number: Not Available
Fax Number: Not Available
Email: rbauer2@hotmail.com
Law School: Georgetown Univ Law Ctr; Washington DC
License Status, Disciplinary and Administrative History
Below you will find all changes of license status due to both non-disciplinary administrative matters and disciplinary actions.
Date License Status Discipline Administrative Action
Present Active
1/1/2018 Active
9/13/2012 Inactive
7/1/2005 Active
1/1/2005 Inactive
12/1/2004 Admitted to The State Bar of California
Date | License Status | Discipline | Administrative Action |
Present | Active | ||
1/1/2018 | Active | ||
9/13/2012 | Inactive | ||
7/1/2005 | Active | ||
1/1/2005 | Inactive | ||
12/1/2004 | Admitted to The State Bar of California |