Honorable Judge Chou September 23, 2019
San Mateo Superior Court
Redwood City, CA
RE: CIV 536 961
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Name | P/D/O | Case No | File Date |
Petrovich Cheryl Jan | D | 19NM005389A | 04-23-2019
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Dear Honorable Judge Chou:
1). I only discovered this criminal case by chance, when a friend told me to look at the case website from another direction. It is a warrant for my arrest for a false contempt charge to a false restraining order.
2). I was completely shocked. Since that time, I have been
having terrible MS symptoms and feel awful. My head pounds and I am nauseated and dizzy. I am at a loss. I had a doctor's appointment for diabetic retinopathy. I have been also losing my balance. My head has been hurting so much I am worried I may have a stroke.
3). I would respectfully ask that the criminal matter be removed. I had no chance to explain. The court papers were sent to my old address, which was a surprise since a couple of years ago, or so, I called the court to give my new address, when they used my old address for a court hearing, which is strange, since I have lived here for 3 years now and Kaiser attorney, Mike Guasco has had my correct address early on and has even sent a process server, Joe Curtin here twice now. No other legal communication was sent to me. Mr. Guasco has my email address and I would have thought he would have at least contacted me about this matter at some point.
4). Judge Chou, as you know, an invalid restraining order cannot carry contempt charges. The initial restraining order had many anomalies, including forgeries and untrue statements in it, but to be succinct, I will at this time, concentrate upon the extension. I will show that the extension was invalid due to forgery, false evidence, no discovery and the Plaintiff was not present, when Mr. Guasco marked on the paperwork that Dr. Lukaszewicz had in fact been there. My adult son, Daniel Petrovich was present and stated that no plaintiff was in the Court July 12th 2018 at neither 9:00 A.M. or later, when the trial was moved to the 8th floor courtroom.
5). Mr. Guasco’s actions seem to indicate that there was intentional deception to the court on his part regarding the extension. It makes one wonder if Dr. Lukaszewicz even knew about the extension being requested by Mr. Guasco at all, or even wanted it.
6). Outside the courtroom, Mr. Guasco lunged at me and screamed in my face and ran off. I wanted to respond to what he screamed at me, leaving a handicapped senior with MS to run after him. That action on the part of Mr. Guasco lacked decorum, or any proper polite attitude, especially since he knew full well about my health issues.
7). I would respectfully request that the extension be dropped at this time. There is no indication that Dr. Lukaszewicz wanted any part of it (or even the central R.O. for many of the same reasons I cite for the extension.) I have not spoken to Dr. Lukaszewicz directly since October 9, 2015, when I dropped him as my doctor after he asked me if we might become friends, which requires time apart. (Usually 3 months-6 months.) He came to my surgery at Kaiser South San Francisco at my request late in December 2015 to keep me safe and free from worry. I left him a voicemail message using a number given to me by Patient Relation’s manager, Bertha Ponse, but it was not real; it was a trap message line, that Dr. Lukaszewicz did not use. I called thanking him and approximately a week and a half later I was served a TRO, in which they cited things that could have only happened 97 days prior, or more (since I dropped him as my doctor at that time) it was for gifts I gave him, for which he thanked me and kept.
8). In the courtroom of Judge Novak, Dr. Lukaszewicz called my gifts “very nice and expensive.” He looked right at me and kindly said my name and then complimented my gifts. He was not upset with me, or my gifts, in fact, he completely destroyed the basic premise of the entire restraining order, but he was ignored and was never brought back to court with me present.
9). He was present the day I arrived late, but only his name was on the case readout. Judge Novak asked how I knew to be there. I said said a clerk told me. Then, I realized I really was not supposed to have been there. I was told that “somehow” the notice was sent to (again) my old address and I only heard about it when I called the court and a clerk asked me if I knew I was supposed to be in court the next day at 9 A.M. I did not. I left home from Mendocino County at 4:30 A.M., but due to heavy traffic and road work, I did not arrive to court until 11:00 A.M. I spoke with Judge Novak who spoke to me about my fine and community service. I had tried to ask the court about how one goes about paying the court, but I was told that my case did not warrant payment, or community service, since it was a civil matter. I relayed the information to Judge Novak, but she told me to “pay it anyway.” I think she called down to the Clerk’s Office and then they accepted a payment of $100.00 and she also waived the community service.
10). It is interesting that Mr. Guasco has trouble with getting the correct addresses on his forms. His paperwork to me told me to mail it back to an address in Sacramento, but I ignored it. Amazing how wrong addresses can cause so much harm. I would hate to think he does it on purpose, but it would certainly be an effective way to garner an arrest warrant for the Defendant. I don’t suppose someone who lies in court documents and uses forgeries would stoop that low, right?
11). I would respectfully ask that due to the Plaintiff’s forged signature on the extension documents, false evidence and no sharing of the evidence for me to refute (Discovery) no statement from the Plaintiff and the false addition of checking the box on the paperwork saying that the Plaintiff was in the Courtroom, when he was not, that the extension be dropped. It could only be construed as deliberate fraud on the part of Mr. Guasco and abuse of Court!
12). Mr. Guasco should be tried for purposely manufacturing a false and terrorizing restraining order case against me! I request that the DA brings charges up against attorney Michael C. Guasco for filing and falsifying court documents, tampering with my experts, filing false evidence and intentionally harming and abusing a senior citizen who had no one to help defend her! He smeared my name and made it impossible for me to find legal help! He should be charged with the maximum penalty for this heinous crime! I have been brutalized and suffer each day for his intentional legal harm to me! He harms many other innocent people too! It needs to STOP!
13). 1.1. Legal orders
Penal Code 166 section (a)(4) specifically condemns "Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by any court, including orders pending trial."
The word "lawfully" was not inadvertently placed in the writing...its use was intentional. As California courts have noted, "an order of contempt cannot stand if the underlying order is invalid."8
And as Newport Beach criminal defense attorney John Murray9 explains, "Unlike many other states...California not only allows a person who is affected by an unlawful order to challenge the order's validity while he/she nevertheless complies with the order but also allows an individual to disobey the order and raise his/her concerns at the time when the court attempts to punish that disobedience."
14). Mr. Guasco had his own personal agenda where this R.O. was concerned. Please see the evidence and act accordingly and drop this false extension. It is what is called for in this instance.
Thank you.
Sincerely,
Cheryl Petrovich
P.O. Box 120
Gualala, CA 95445
CC: DA’s Office & Inspectors,
Public Officials, SSF PD, etc.
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