John Clark Pro Se Blog Actor, Producer & Writer

Category Archives: What is a Pro se to do?

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Pro se parties BEFORE Litigation

Posted in What is a Pro se to do?

I have found that not only do pro ses get poor attention or respect from the bench DURING litigation, despite constitutional rights, despite good pleadings, despite trying like hell to conform to the rules, but he (or she) gets even less respect and attention from opposing parties when trying to resolve a problem, if you’re not an attorney.
By this I mean that if you, a pro se, an unrepresented person, write to a party explaining a problem, and politely ask for an answer, you may be ignored, or otherwise written off as being no threat. ESPECIALLY if you have a case.
I have a couple of examples on my plate right now.
When I produced “Shakespeare For My Father” for Broadway, I hired a team of first rate line producers to take care of things, because I was busy directing the piece, editing what was not working, and anyway lived on the West Coast. They were Elizabeth Ireland McCann, Roy Gabay, and Brent Peek, top people in their company manager professions, and all members of ATPAM, (Association of Theatrical Press Agents and Managers).
They did a good job for me. I can recommend them.
But, after the show closed, they were supposed to take care of the return of my union deposits, with Actors Equity and ATPAM.
Equity was fine, but mysteriously, ATPAM’s never showed up on the books.
I called ATPAM, who assured me that the deposit, amounting to $6,000 had been returned, according to their records. The gentleman I dealt with was their secretary, had not returned to me my security deposit after the show closed, which amounted to $6,000. I called to ask them where it was, and they claimed to have sent it as a check to one of my line producers in their name. I called them. They refused to confirm or deny. ATPAM also refuses to cooperate, or produce their cancelled check so I can see who it was made out to, and who endorsed it on the back.
I am left with the choice of forgetting about it, or suing them. Because certainly no lawyer will want to work for me for such a paltry sum of money.
Another example is that I find I no longer have title to my Co-op apartment at the Osborne on 57th Street, the prime center of Manhattan. I wrote to the Board, and called their attorney, who promised to send me a copy of the transfer Deed. I suspect that my ex-wife forged my signature. But they have not sent me a copy, despite their promise.
So again, I am left with the choice of forgetting about it, or suing them, and demanding the document through discovery.
So, what I am saying is that all you pro ses out there should take heart, and let THEM know if we are ignored, we are perfectly happy to sue.
When you file a complaint, an answer is required in 30 days, as a rule (check your state). And if they don’t answer, you will win by default.
And since their answer will probably be written by their attorney, at THEIR expense, it will put people on notice that Pro Ses demand respect. You owe it to yourself.
So this is the battle cry. Don’t be afraid to sue. Attorneys set up this sorry state of affairs in this country. So, LEARN how to write a decent looking Complaint, there are rules to follow. There are any number of pro se sites that will help you do this.
Let’s change the legal landscape a bit.

CONCLUSION? WE’LL SEE!

Posted in What is a Pro se to do?

To conclude the episode on the sale of the family home, the estate was sold just after 9/11 at the depressed price of $1,700,000 (5 acres, lighted fake Wimbledon grass tennis court, designer solar heated swimming pool, guest house/production offices and studio, separate remote writing studio, greenhouse, gardens, horse corrals, 5 car garage, 20 car paved parking, large koi pond, 5000 gallon water tank, and secured by a gated barbed wire chain-link fence secluded next to the park with a view all the way to Catalina). My opposing attorneys got upwards of $400,000 to be paid as “sanctions” against me and taken out of my escrow by court order (looked better than saying I was simply paying their fees, I guess.) and the Franchise Tax Board kept $200,000 because our accountant did not claim this refund before the statute ran out.
I got a check for $2,616.03.
And I got no chance to challenge this result, because the judge foreclosed my attempt to get the court of appeal involved over his refusal to grant me a stay with a security bond because he set it at way over a million cash-only dollars as security.
Then his court signed all the documents in my shoes when I refused to do so, thus the money was taken without my knowledge or consent out of the escrow, and the escrow company did not copy me with the pay-out schedule, feeling they had no obligation to do so as I did not sign the contract of sale. Oh, and about $230,000 worth of my stuff was criminally looted from the house because I was forbidden to go near the property while it was on the market under the supervision of Lynn. And another judge in Santa Monica civil court, name of Paul Flynn with a handlebar moustache, refused to let me mount a case against Coldwell Banker and their agent Melissa Oliver, the Maggarts, the new owner, and others, the people I had good reason to believe were in league and the culprits, so that I could enforce and conduct my own investigation, seeing as the D.A. refused to do it. This judge even sanctioned me for daring to litigate in the first place, and ordered me to pay the defendants’ legal fees in a hearing which I did not attend, because he had lost his jurisdiction in a legal peremptory challenge I had brought against him in my first appearance in the case.
Finally, I tried to buy the guest house and its surrounding land and pond where I could keep my possessions, and park my vehicles. My offer was turned down, and Melissa Oliver, who represented the sale of the residence, convinced the court to approve the sale to her friend Linda Gindowt, another Topanga real estate agent, who now lives there, at a much lower price than my offer.
And in New York, Judge Gold gave my Osborne apartment across from Carnegie Hall, which I had owned for over 30 years, to Lynn as her residence. The Osborne Board still refuses to give me a copy of the transfer because, I believe, of a forged signature, I did not sign that either. Lynn bought a house in Connecticut, where she now lives, so she gained not a residence, but an extra asset.

So they ALL got what they wanted. Me, I spent the next six months living in a trailer.

My Essay Submitted to L.A. Daily Journal

Posted in What is a Pro se to do?

The L.A. Daily Journal invited me to write an essay on the problems of the pro per litigant in court based upon my experience. This is what I wrote:
TRIALS AND TRIBULATIONS OF A PRO SE/PRO PER
by JOHN CLARK
It’s 8:20 a.m., outside the Long Beach courthouse. The line is long, and it’s cold. I go to the front, there’s a sign that says “Attorneys only, show your ABA card”. I explain that I have to be in court in 10 minutes, I’m not an attorney, I don’t have a card, the traffic was horrendous, and I’m a pro per. Please? “Go to the back of the line”, I’m ordered, curtly. And so, twenty minutes late, I appear in court where, thankfully, somebody else’s matter is being heard.
Now I get my turn before the judge, it’s a post-judgment hearing, and he may be about to have me evicted from my home of 22 years, and there’s a real estate agent I dislike sitting there with my ex-wife’s attorney, about to give evidence.
“Appearances please”, says the judge, a seemingly genial, almost avuncular presence. He invites us to sit down, which we do. The agent is called; as I suspected, he tells the court that they could better market the property if I wasn’t there.
Now I get my turn. I explain that I have subpoenaed my agent I gave the listing to (because she is my tennis coach friend with a licence), and I recently took her over the entire 5 acre estate, especially to show that I am cooperating in the marketing and clean-up of this community property. I needed her desperately also to give evidence of the huge amount of valuables at the property, the impossibility of packaging and storing the contents quickly, my life-style, and how she witnessed the fact of the disappearance of all of my camera equipment from my office. Most of all that in these circumstances, I should certainly not be surprised by a summary eviction, but should be allowed a considerable amount of time to prepare, and, not least, find myself another place to live.
But she’s not here. So I submit my subpoena documents to prove they were served properly. My ex wife’s attorney explains to the court that she knows of this, and she’s very sorry but the agent isn’t there because she had to fly to Chicago to see her daughter. I protest, outraged, that’s not her client, how does she know this? The judge intervenes, amiably, and explains, astonishingly, that he would not hear from her anyway, so no harm done.
Session over, judge says there will be another hearing in a few days when some orders will be made. I wait until his calendar is over before I go to the court reporter for an expedited transcript of what happened, so I can write something about how the judge broke just about every rule in the book. She tells me firmly that I’m a pro per, I’ll have to wait, maybe 2 months if I’m lucky. I see the judge standing in the doorway of his chambers ready to leave, so I approach him – the bailiff stands and looks alarmed, hand on gun – and I respectfully tell his honor that I need a transcript to prepare for the next hearing. Lucky for me he cares about appearances and is concerned too, so tells the court reporter to please get me a copy expedited. With a grimace, she agrees to comply, seeing as he’s a judge.
Yes, this same judge, who had presided already over my trial that was due to start almost a year ago, and took place only a few weeks ago. Then, excited with the prospect of presenting my opening brief, a-brim with points and authorities (admittedly long on points and short on authorities), I’d been attending a pre-trial session the day before the trial was due to start at the downtown Central Division. This session was to deal with a contempt charge for not producing discovery documents fast enough to satisfy my ex-wife’s attorney. But now she admitted to the judge she had everything she wanted and that I had complied. I thought all was well. I was wrong. This was not good enough, I was informed from the bench, how would I feel about spending time in jail to give me time to dwell over my endless procrastination?
“That would be most interesting, but its my birthday today” was my wrong although honest reply. Which must have enraged the bench, because next thing I knew I was handcuffed and led away to the Twin Towers, head spinning, feeling as Kafka must have felt, and observing with a parting shot to the court “Well, we survived the Battle of Britain”.
And then in prison, to observe this weirdly silent parade of chained humanity sharing mass humiliation. Some in wheelchairs, which I naively thought meant that they were coming down especially hard on the disabled; the mindless crushing of ego, it certainly was interesting. Plenty of material to ponder for another day.
But as I sat there motionless for 4 hours on the narrow freezing stainless steel bench (“sit down, mister, no standing!”) waiting to be “processed in” (oh yes, strip, don’t move, bend over, spread your buttocks – now I was Alex in “A Clockwork Orange” contemplating a society gone crazy.) And then I was worrying about my friends waiting in a restaurant with 68 candles on a cake, and suddenly got hit with the thought that hey, who’s going to prison, me, or the attorney in me? I’ve got a trial starting tomorrow, and how do I get to go home to put together my documents lying strewn about on my floor so I can be ready to present my case?
A phone call allowed was enough to reach me an old lawyer friend who had his own reasons to help. He’d appeared before this same judge in his own divorce case, he had informed me that this judge had employed my opposing attorney in his own law-firm years before, and so when I was released the following day a fax was waiting at home, containing all of the wonders of Section 170.1 of the California Code of Civil Procedure concerning reasons for disqualification. A person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial. . . etc. etc. So that next day, I was able to call a halt to the trial, necessarily a few seconds before it began.
A halt, as it turned out, which lasted only a few weeks. An “independant” judge ha ha saw nothing wrong in my judge’s actions, sending the defendant to jail the night before trial was to begin was just fine with him.
And so my trial began at last. Before the same judge. This time a judge with a gleam in his eye.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

On the way home from Long Beach, I reflect that all is not lost. I will drive down to get the transcript in a few days, time enough to prepare a motion to show that I’m a good guy, and should not be evicted.
And I ask myself yet again why I should be doing this without any help, and remember that after three sets of very expensive attorneys – who did not appear to me to be acting for me, but rather for themselves – I was out of money. They had walked off with around $600,000 from my pocket, and there were 20 days of trial yet to come, and obviously bankruptcy stared me in the face.
But I also had to recall what I had told myself when I started on this long road, that I should be proud of what I was doing. An actor for 58 years, training even with Lee Strasberg himself; a director, producer, and teacher of drama; a coach and helpmate to my famous wife for 32 years. And a creative mission; about always inspiring others how to believably pretend to be someone else. “Tell no lies” always my watchword to the actors in their fantasy world. But here I was in several cases in several courtroom theatres, actually doing it for real.
Wow, irony! No pretense here, that’s for sure! A cut above. Would Dustin Hoffman or Al Pacino or Robert De Niro risk doing that? I don’t think so!
Fast forward to the dreadful events of September 11, 2001. I’m on the phone to New York, are my kids o.k.? I can’t ask my ex-wife, because at trial the judge granted her request for a restraining order, spelling out no contact of any kind. But the kids live in Manhattan, and one of them, I believed, was working in that other set of Twin Towers. Since they don’t communicate with me, I really don’t know how to find them. But after a few agonized inquiries I make contact, and it seems they’re all right. Terrorism averted, at least in this family. Or is it?
Two days later, 2 police cars appear outside my house. A paying film crew was about to record 4 pretty girls cavorting on my tennis court. They thought the police had come for them, and left real fast. But they had instead come for me. I was given an hour to pack a suitcase and “get my things” and leave.
Things? A lifetime of collected “things”, and I’m out of there? As it was, time only to hook up my trailer to my pickup, charge the battery which was flat, and off to endure 6 months of winter in a trailer park.
And so, feeling like some sort of poster-boy for pro pers, and now forcibly retired, I resolve to write a handbook about my experiences in, through, and maybe soon out the other end of the Los Angeles Family Court system. (Is this my Community Service punishment? Maybe. Happy to do it. Let’s roll.)
[Did the Los Angeles Daily Journal (the bible of lawyers and judges hereabouts) print it? No, the editor Martin Berg turned me down, complaining that it was POSSIBLE TO IDENTIFY THE JUDGES’ NAMES THROUGH THE CASE NUMBERS. But subject to editing, it was well written, he assured me.]

ADDENDUM: Now I can reveal the names of everybody in attendance:

The judge was Judge Arnold Gold, highly regarded by the lawyer community. He had served time pro tem on the California Court of Appeal, 2nd Division I believe. My own (previous) attorney donated money for his retirement banquet. He retired after my case was finished, beyond Judicial oversight.

Opposing attorneys in attendance were Lynn’s Emily Edelman, Esq. and James A. Eliaser, Esq. to observe.

Missing and absent Coldwell Banker real estate agent (aka my friendly Malibu tennis coach) was Ellen Goodman, who ignored my summons to attend (forgiven by the court.)

Real estate agents who did attend were Topanga Canyon agents Jon Saver and Melissa Oliver (who I had not approved as my agents), supposedly representing Lynn Redgrave and later what turned out to be the court. They took possession of my property, giving me under $3,000 as my share

Who wasn’t there? My celebrity accuser, Lynn Redgrave, beyond my reach to question because Judge Gold allowed her to leave the country and his jurisdiction, and my ability to defend; leaving attorney Emily Edelmen in her shoes to lie for her, and of course she was not under oath. Trial procedures were not yet over!

My objections to Judge Gold’s procedures were reviewed by independent Orange County Supervising Judge Horne. Independent? His position as supervisor was secured by fellow judges’ votes, I later found out.

 

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