As the Chair of the San Diego Superior Court's committee that investigates complaints against Subordinate Judicial Officers, I would like to thank you for your letter and your patience as we have taken the time to carefully review your complaint. I have thoroughly reviewed your allegations relating to misconduct by Commissioner Ernest M. Gross at your hearing held November 16, 2022, and Judge Pro Tem Mark Abumeri at your hearing February 23, 2023. I have reviewed your complaint and the relevant portions of the court file including the court minutes and audio recording of the proceeding.
If you wish to appeal a small claims judgment, file your appeal with the small claims court location in which your trial was heard. Your appeal hearing (called a "trial de novo" which means new trial) will be heard in the Civil Division of the Superior Court. The Superior Court will notify you of the date to appear in court.
https://www.sdcourt.ca.gov/sdcourt/appeals2/appealslookuptable/appealssmallclaims#:~:text=Smal
Your allegations "Corrupt" against Commissioner Gross are numerous and serious. You accuse him of bias, or having the appearance of bias, and engaging in prejudicial conduct against you.
You allege he was intimidating, and corrupt, and further, that he scolded you during the hearing and was abusive. (They Towed Handicapped and Harassment ) You additionally state the Commissioner is dishonest and engaged in racketeering with respect to civil rights, California Fair Housing laws, and ADA discrimination. Our review of the record and hearing supports a contrary finding. There is no evidence he engaged in prejudicial conduct against you. He listened to you throughout the hearing as you presented your case. At times he did interject to ask you questions, but he maintained a professional tone and demeanor throughout. He commented that your exhibits were not organized and that he would have some difficulty sorting through them. But he did not "scold" you about these or about your conduct during the trial. Commissioner Gross made appropriate inquiries of both sides and considered the evidence before making his decision.
Your allegations against Judge Pro Tem Mark Abumeri are that he failed to review your exhibit papers and disregarded state and federal law. As a Judge Pro Tem, Mr. Abumeri is entitled to exercise his discretion with respect to the review and admission of evidence, as well as the interpretation of applicable law. During the hearing, Pro Tem Judge reviewed and discussed your exhibits with you. Consequently, we did not find evidence that Pro Tem Judge Abumeri engaged in prejudicial conduct or bias you.
While we understand you are dissatisfied with the ruling you received, the Committee does not have an appellate function. We do not have authority to reconsider findings or to evaluate cases for possible legal errors. As the judicial officer assigned to your matter, Commissioner Gross has the authority to make decisions about the law and exercise his discretion. As noted, the record does not support your claim that Commissioner Gross committed misconduct or was prejudiced or abusive toward you as a litigant.
Thank you for bringing your concerns to our attention. Reviews such as these are important to our judicial system and serve to protect all citizens who appear in our courts. If you are dissatisfied with the Court's decision, you have the right to request the Commission on Judicial Performance investigate this matter. No further action will be taken on your complaint unless the Commission on Judicial Performance receives your written request within 30 days after the date this notice is mailed to you. The Commission's address is Commission on Judicial Performance, 455 Golden Gate Avenue, Suite 14400, San Francisco, CA 94102.
The Superior Court of the State of California
Judge Marcella O, McLaughlin
Judge Maureen F. Hallahan and Judge Katherine Bacal
Post Office Box 122724
San Diego, CA 92112-2724
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Commission on Judicial Performance
455 Golden Gate Avenue, Suite 14400
San Francisco, CA 94102
Commissioner Ernest M Gross and Judge Pro Tem, Mr. Abumeri
Bias/Appearance of Bias Toward a Particular Class, Demeanor/Decorum, On-Bench Abuse of Authority in Performance of Judicial Duties
Rule 8.4 Misconduct
“Biased”
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The California State Law you could not towed handicapped and misdemeanor.
STATE OF CALIFORNIA VEHICLE CODE SECTION. 22511.5 - 22511.8. ny of the following zones:
-(g) This section does not restrict the privilege granted to disabled persons and disabled veterans by Section 22511.5.
“Prejudice”
preconceived opinion that is not based on reason or actual experience
“Scold”
remonstrate with or rebuke (someone) angrily.
Intimidating Parking Handicapped and towed car legal handicapped., Taxi 2 days, Parking street and lots, complaints California Fair Housing Laws (Abusive and Demeamor???) (San Diego City Contract) ACE'S Parking, SDHC(Government) and SMART CORNERS 23 months Harassment Aggressive pressure or intimidation Peter Crisafi. -(g) This section does not restrict the privilege granted to disabled persons and disabled. Discrimination. The California State Law you could not towed handicapped and misdemeanor. The Sign ADA Unlawful, and discrimination or harassment DISABILITY HANDICAPPED PLACARD. STATE OF CALIFORNIA CODE VEHICLE 22511.5
(1) A disabled person or disabled veteran displaying special license plates issued under Section 5007 or a distinguishing placard issued under Section 22511.55 or 22511.59 is allowed to park for unlimited periods in any of the following zones:
Smart Corners it’s unlawful
1.The law cannot tow car handicapped and a Misdemeanor.
2. Mayor hired commission San Diego Housing Commission government “laws handicapped”
3. SDHC Hud building and constructing Smart Corner. San Diego Housing Commission “ laws handicapped”
4. California fair housing laws “laws handicapped, Harassed and discrimination”
5. San Diego Housing Commission SDHC is a state-chartered government entity harassed Ada handicapped. “laws handicapped”
6. SDHC state-chartered government contract hired security harassed ADA “laws handicapped”
7. Mayor contract Ace’s San Diego Harassed ADA “laws handicapped”
8. San Diego Police not going to complain about towed car handicapped lawful. you need to court complain “misdemeanor”
9. A new suit sd-63 Ernest M. Gross , Judge Pro Tem Mr. Abumeri " Corrupt Judge and Commission"
10. Exhibits papers SD-63 court 330 Broadway San Diego, CA 92101-3835 USPS DATE 01/04/2023 tracking 9505 5152 0298 3004 4923 79 Pro Judge Lawyer and he didn’t see nothing paper. SMALL CLAIMS IS NEW TRIAL WITH DIFFERENT JUDGE. 2023 California Rules of Court California Rules of Court Rule 10.745 Rule 10.745. Performance. Rule 10.745 renumbered effective January 1, 2007; adopted as rule 6.745 effective July 1, 2006.
“Racketeer”
a person who engages in dishonest and fraudulent business dealings."City and State ADA laws handicapped, harassed and discrimination"
“Discrimination”
the unjust or prejudicial treatment of different categories of people, especially on the grounds of ethnicity, age, sex, or disability.
I’m not Abusive and Demeamor
Stroke and Aphasia, I cannot talk a little. Smart Corner, Aces Parking, San Diego Housing Commission Harassed and discrimination
“Harassment”
Aggressive pressure or intimidation
One Constitutional right a defendant holds is that of a fair trial. Included with this right, is the right to have a judge with no actual bias against the defendant nor interest in the outcome of the defendant's case.
In the Supreme Court case Liteky, German-American citizens were on trial in an espionage case. During the proceedings, the judge presiding over the case commented that German-Americans have hearts "reeking with disloyalty." This comment was found to be biased and reflective of a trial judge displaying partiality.
the predisposition of a judge, arbitrator, prospective juror, or anyone making a judicial decision, against or in favor of one of the parties or a class of persons. This can be shown by remarks, decisions contrary to fact, reason or law, or other unfair conduct.
The California Commission on Judicial Performance
The California Commission on Judicial Performance is a constitutionally mandated independent judicial disciplinary agency in California. It is responsible for investigating complaints of judicial misconduct and judicial incapacity, as well as for disciplining judges.
“Abuse of process has been described as misusing a "criminal or civil process against another party for a purpose different than the proceeding's intended purposes" and thereby causing the party damages “