Tuesday, March 20, 2007
Monday, September 26, 2005
Sequence of Events
Sequence of Events
for
Russell and Twyla Finch Oaks vs. Public Administrator
Case No: G23374
Dept. A
As of
Date | Event |
Apr 97 | Frances and Attorney Don DeLoach create a very extensive Power of Attorney (POA) giving Twyla rights to do anything for her or in place of her for anything, regardless of whether it is for Frances or not. |
| We take possession of house at |
Nov 97 | |
Up until mid August 2001 | |
June 99 | We start lawsuit against seller of our house, home inspector, and realtors, for, respectively, failure to disclose, collaboration, and gross misrepresentation. |
| Twyla has full Hysterectomy. |
Sep 99 | |
Apr 00 | Twyla has 8 straight days of Allergy testing. |
| Twyla has been taking weekly allergy shots (ongoing today). |
May 24, 20 | Twyla diagnosed with severe Systolic Murmur and Aortic Stenosis. |
June 6, 20 | Twyla has Septoplasty. |
| Victoria (oldest daughter) has Tonsillectomy, Uvullectomy, and Allergy Testing. |
| |
| Twyla has breast lump discovered by Doctor. |
| Twyla has initial breast lump biopsy. |
Jan 11, 01 | Twyla has second breast biopsy. |
Feb 6, 01 | Twyla has her first Epidural Spinal Block – outpatient surgery. |
Feb 15, 01 | |
Feb 15, 01 | Took |
Feb 22, 01 | Twyla has her second Epidural Spinal Block procedure. |
Feb 26, 01 | Twyla learns she has had a mild heart attack. |
Mar 1, 01 | Twyla has major palette, uvula, and throat surgery. |
Apr 9, 01 | Twyla has potential cancerous lesions removed (moles). |
Apr 15, 01 | Brought |
May 10, 01 | Twyla has Breast Lumpectomy. |
Jun 5, 01 | Twyla has third, more complicated Epidural Spinal Block. |
Jul 19, 01 | Twyla has second Breast Lumpectomy. |
Aug 14, 01 | |
Aug 28, 01 | Twyla has trial back implant surgery with wire leads extending from open holes held with temporary stitches, in her back. |
Sep 7, 01 | Twyla has temporary system removed. |
Sep 8, 01 | |
Sep 20, 01 | Twyla has permanent implant surgery in her back (electronic leads that run 75% of the length of her spine to her tailbone and transmitter implanted under her skin). 63 staples and 200 stitches at this time. |
Sep 28, 01 | Twyla finds out that her implant equipment is not functioning correctly |
Oct 2, 01 | Twyla has unscheduled emergency corrective surgery. |
Oct 6, 01 | |
Oct 14, 01 | I pull ruined carpet out of |
Oct 18, 01 | The oldest of the two ladies continued trying to talk to |
Oct 23, 01 | Shelley Henderson, from Clark County Senior Services, comes to our house unannounced. Deliberately, after driving back and forth in front of house several times, she parked across the street in front of someone else’s house and walked across the street and up our long driveway to the front door. This, looked like very strange activity so soon after Sept. 11th attacks, and since the guard gate did not call, I did not answer the door (Which, I did not think it was against the law not to open the door!). We called Shelley two times that day (she had left her business card at the gate) to inquire into the nature of her visit. We left messages each time and were not called back. |
Oct 24, 01 | We leave house at |
Oct 25, 01 | We find out that Shelley and the hospital case worker are trying to have |
Oct 26, 01 | We go by and visit |
Oct 29, 01 | We meet Eugenia and Frances at Dr. Berberabe’s office, mainly to make sure the catheter the hospital had inserted and refused to remove, was removed, as this had been creating a great deal of pain for Frances and to make sure Frances was ok from the Ativan she had been given the previous Thursday (Frances was still groggy up to this point). Lisa calls me about Shelley’s divulgence meeting. I tell her to call my attorney. Our attorney calls and sets up meeting. We ask Lisa why our contract with Eugenia is not good enough? We are told they need to find out if we have / are purchasing luxury items with her income and if we are living large. |
Oct 31, 01 | We meet Shelley and Lisa at Barry’s office, will not divulge financial information, especially after they try to trick Twyla into signing a full information release (they called it a “medical only” release). Barry says we will be glad to set up trust through his office to care for |
Nov 13, 01 | Twyla has stat meeting over possible blood clots. Twyla finds out she may have a type of bone cancer. |
Jan 14, 02 | Public Guardian has subversively visited |
Jan 15, 02 | Temporary Guardianship is levied, Ex Parte. Our attorney of record, Barry Levinson was not notified. |
Jan 16, 02 | Twyla inadvertently called Eugenia who told us, by the way, |
Jan 18, 02 | We receive certified mail at |
Jan 22, 02 | We meet Jill. We are advised not to go to the hearing because we may be asked questions. We pay $1000 retainer. |
Jan 23, 02 | Jill goes to Temporary Guardianship extension hearing. Extension is granted and the opposition hearing is set for Feb. 13th. Jill learns of 10 page police report and asks for a copy. She tells us it is refused at the time but they promise Jill to get it to her later in the day. She waited the remainder of this day to have it faxed from Goldsmith and Guymon’s law firm – it never arrives. |
Jan 24, 02 | Jill calls Lisa Teal, (the detective who was at our house in October and the same one that drew up the report) and is promised that she can have a copy directly from metro’s record dept. Her runner goes down to pick up report and it is refused. Jill tells us that we have been offered to negotiate on behalf of attorneys for Public Guardian – provided that it was understood that we definitely gave up Guardianship of Frances’ person. The only thing that could be “looked at” was Twyla possibly having Guardianship of Frances’ estate. |
Jan 25, 02 | Jill tells us she recommends we negotiate, because of the horrific nature of the report (also, she warns us that criminal charges could be brought against us if we opposed the county). That this would be our best hope. We told her we would not negotiate because we had done nothing wrong – she was told we would refuse any negotiation without seeing the contents of the report. Jill tells us that we can go down to metro and get the report. We do so, and it is refused to us. We told her we would be willing to just look at a copy of the report – we were told we could not do this. The public Guardian files criminal charges against Twyla and I for abuse and neglect. |
Jan 28, 02 | We are told we would have to file an opposition in order to have the report subpoenaed, and that if we did that and lost, we would be charged with double damages. She was still insisting that we negotiate – we refuse. We told her that we would fight against this. Twyla asked if we fight and win can the Public Guardian (PG) appeal – she was told yes. Twyla then stated – so in other words, this will never get out of family court whether we appeal or the county does – Jill said “that’s right. We will go back and forth with appeals on this until your Mom’s death.” |
Jan 29, 02 | She told us that she could file the opposition and subpoena the report and we could use her firm’s litigator, or bring one in from out of state to work with her firm, or find another litigator locally. She again insisted that we negotiate – we refuse. |
Jan 30, 02 | We call Jill to ask about our case and she brings her litigator, Mr. Lemkool in to speak to us, via speaker phone. Mr. Lemkool states that we must pay a $30,000 retainer up front in order for them to take the case. I asked why Jill couldn’t simply file the opposition and subpoena the report and then we could decide which direction to go. We were told that even in order for them to make the first move, we would have to pay the 30K. We are again advised that negotiation would be our best bet. We are told, “The Public Guardian is our friend and will amicably work with us, just like they do with everyone else.” Meanwhile, the PG receives a faxed copy from the DA’s office that the criminal charges were filed. |
Jan 31, 02 | We call Steve Gibson at Santoro and Driggs to handle our opposition scheduled for Feb 13. We have counsel of Beth Wachsman, Chris Austin and Steve. Beth will be our family court counsel. We pay $2500 retainer. |
Feb 1, 02 | We receive notice that all |
Feb 4, 02 | Direct TV service is turned off. |
Feb 12, 02 | Beth Wacshman calls the opposing attorney, Shelly Krohn and asks for an extension of one week. This is granted and the hearing is set for Feb. 20th. Twyla and I ask why she asks Shelly Krohn for an extension and not the court. We are told that this is the normal procedure. The police report is subpoenaed from the metro police department, after we tried numerous times to get it. This is the first time we have read the report. This two page report is a complete lie other than the fact that we went to Twyla’s Dr. to have her Spinal Cord Stimulator calibrated by a technician who had been scheduled three weeks earlier. In this report, we are referred to as “Mr. And Mrs. Oaks,” “Mr. And Mrs. |
Feb 13, 02 | Commissioner Henry goes to Judge Voy and the Public Guardian is granted “General Guardianship” because temporary guardianship ran out. We know from reading the law that temporary guardianship can be extended past 40 days. We are not aware that any court activity takes place this day. This was the day that had been rescheduled for Feb. 20th. How did this happen? Why wasn’t our attorney notified, even if this was done Ex Parte? Why did Commissioner Henry go to Voy? Who requested it? Why was there no notice of this until after this very important step was taken – in complete silence. |
Feb 14, 02 | We are told that we need to prove that we did not abuse |
Feb 20, 02 | Beth, Chris, Twyla, |
Feb 21, 02 | We find out that criminal charges were indeed filed by the DA’s office and that metro had warrants out for our arrest. We were told at this time to seek criminal legal help. We are positive our home phone is tapped. |
Feb 22, 02 | We met with a criminal attorney at Santoro’s office and he tells us that this kind of thing happens all the time in Vegas. That the DA office always plays real dirty. He also told us we should turn ourselves in, get booked, post bond, and plea bargain (if we did not want to spend a lot of money…). We absolutely refuse to do this. Santoro and Driggs present us with an additional bill for $9000 and say they will need a total of $15000 to continue. We ask for itemized bill and never see one. |
Feb 27, 02 | We are notified by phone of a bill of $15000 from Santoro and try to locate funds. We again ask for an itemized statement. |
Feb-Mar | The PG closes Twyla and Frances joint checking accounts and makes them deposit only. These accounts are right of survivorship, have been established for 32 years and contain federally deposited funds. Twyla is never told any of this. We ask Beth how this can happen and Chris asks Shelley if she can do that. |
Feb 28, 02 | We get mail from PG’s office stating that they have “permanent guardianship” of |
Mar 1, 02 | We receive notice that Santoro will file to drop us as clients on Mar 27 if no payment arrangement can be made. |
Mar 6, 02 | We decide to go to |
Mar 8, 02 | We go to |
Mar 20, 02 | We were unable to pay by the 20th and everyone but us was in the family court while SD dropped us and asked for a judgment against us. |
Apr 1, 02 | We find out that a notice was placed on our door stating that that the property had been sealed and was under police surveillance. |
Apr 3, 02 | We find out that an eviction notice has been placed on the door of our house. The notice states: Three day notice to quit, to wit – and vacate premises. Incident number LLZ011024001055. You have suffered, permitted, or maintained a nuisance as or about said premises by following conduct “disturbance metro called.” Your failure to leave said premises will result in unlawful detainer We immediately called Metro to find out what was going on and were told that the incident number we gave them related to October 25 of last year. We find out later that day that Ron Crawford, the initial case worker for |
Apr 4, 02 | We call Barry Levinson’s office and ask them to file the quit-claim deed |
Apr 5, 02 | We call Bill Franz for advice – he says try to negotiate with the PG’s attorney since we are not under counsel. We call Shelley and tell her we want to negotiate – we will give up opposing the PG’s office and sign over our two thirds of the deed for the house in return for the contents of the house and having the criminal charges dropped. I am told that that would be great – we certainly don’t need to waste |
Apr 6, 02 | We get a call from Sean telling us we will be allowed to collect our clothing and toiletries from the house and should do so very quickly. I asked where he was calling me from and he said from the field. I asked if he was in my house – no answer. I asked have you been in my house – yes. I asked how did you break in to the house I legally and equitably own – no answer. I told him that we were attempting to negotiate. I was told that Shelley told the pg that we only wanted our clothes. I told him we wanted all the contents not the clothes. He asked if we had receipts for all of our items and I told him of course not. Not for everything in the house. “Well, we will need a receipt for each item you are claiming or an affidavit from an individual who gave you an item as a gift.” I asked him what if the person who gave my wife and I a wedding gift had died – he said “too bad.” We also found out that all our locks had been changed and that our house had been appraised. |
Apr 10, 02 | I called Shelley - no answer for a few days. I finally talked to her and was told that the PG’s office was given general guardianship of |
| At this point, we tried to negotiate with the PG’s office and were told we would need to contact their attorney. We also called the guard gate, trying to find out why they told the PG that we had vacated our house. The person I spoke to said that no one at the gate reported anything. |
Apr 11, 02 | We called Barry Levinson’s office and spoke with Toni Hanson, his paralegal. We asked if they (Barry and Toni only) could represent us with trying to negotiate for our initial terms and representing us at the Apr 17th hearing. They agreed. We sent 1500. We told them we were not interested in having this go all through the legal system – we can’t afford it. Toni told us that they would help us get all of our contents out of the house. We were also told at this time that we legally had 30 days from the date of the eviction notice to remove our contents. |
Apr 16, 02 | We are told by Toni that a Mr. Johnston from her office would be going to the vacate hearing. We left a message to try to get Mr. Johnston to call us before going to the hearing and was not called. We are also told that the 17th was changed to the evidentiary hearing, and that they had called the court to get a continuance and was granted one, and that Mr. Johnston would be going to the court regardless. We tried to stress the importance of presenting the quit claim deed and the documentation that shows Twyla’s 190,000 money trail going into the house. |
Apr 17, 02 | Mr. Johnston informs us that he is chewed out by “Judge Voy” and Shelley Krohn, because his clients (Twyla and me) failed to meet discovery guidelines (we had been trying to negotiate…) He was also told that we had been charged with not obeying the courts order to provide it with financial information. We had turned in all financial documents on Feb 20. He told us that Rachel Mizrachi would be handling this now. Where is Commissioner Henry (– of the DA’s office)? |
Apr 18, 02 | We asked Toni and Rachel about the new charges and rec’d no answer. We asked them also to please try to get the house ownership facts in front the court and the opposing attorney. We also asked if we could go in the house regardless since we have a registered deed and were told no. Later in the day, Toni tells me that Rachel had approached the PG’s attorney about negotiating and everything looked good. The criminal charges were being dropped and they would probably want us to prove |
Apr 19, 02 | We try to contact Toni and Rachel all day with no luck. |
Apr 20, 02 | The pg is in our house, packing 125 boxes of our clothing and personal items. |
Apr 22, 02 | We find out there will be no negotiation from Rachel and she asks us where we would like our personal items which added up to 125 boxes shipped? I asked her what in the world had transpired? Rachel said that the PG had been in our house to help us pack. I asked her if these items had been inventoried and she said no. She also said that we should provide receipts of all the items in the house we intended on claiming. She suggested getting affidavits from people who had given us gifts for things like wedding gifts. I asked her again how this could take place when we owned the house and she said that the Family Court did not recognize the quit claim deed – only that the legal name on the deed at the time the proceeding started was |
Apr 24, 02 | Twyla falls down stairs at house we are staying at and spends day wondering what to do about her implant. I called Toni and said that Twyla had fallen and may need an operation from her Las Vegas Dr. and if she would be able to recover in her own house. I was told no. Later this night I call Toni and insist again that the deed be presented. I asked if we could file Ex Parte for this (again) and was told - sure – for another $2000. |
Apr 25, 02 | I talk to Rachel and ask her why the deed can’t simply be introduced to the court and opposing attorney via fax and am told it has to be done this way. I ask about the deeds validity only being questioned and examined on the civil court level and am told that “in a guardianship case, the family court has jurisdiction.” I also ask her when the actual evidentiary hearing will take place and am told she got a continuance. I asked her what the new date was and she did not know. |
Apr 26, 02 | We find out that the evidentiary hearing was vacated on the 17th. Even though we requested that this not to happen, and hired attorneys to represent us. As of now, we are in limbo. We don’t know when the next trial is. We were also told that the Public Guardian only had temporary guardianship. We asked how then, were they able to evict us from the house? We did not get an answer. We asked by what authority were we blocked from entering our house. No answer – we just couldn’t. |
Apr 30, 02 | Twyla arrives in |
May 1, 02 | Twyla is in |
May 2, 02 | Twyla meets Toni and Rachel at her hotel and they in turn go to the house, with camera. The doors were wide open and Sean and were standing in the garage. Twyla was told by Toni to make an inventory list of all the items in the house that were ours. Three legal sheets full. In several areas, objects had been raked into the floor, from desks and shelves. Twyla went into her closet and as she was searching among the pile of personal items from the desk, she found a rumpled baby photo of our youngest child, under piles of items. Twyla picked up the picture and asked if she could have it. The PG immediately said “absolutely not! Nothing is to be removed from this house!” Twyla then asked “Couldn’t she even have a baby picture of her daughter?” “Absolutely Not!” Then Rachel said, “why cant she have that – it is just a snapshot.” The PG replied, “Well, all right but not one other thing is to be removed from this house!” Twyla then opened the cabinet that our receipts were in and found the box we kept them all in. Almost every receipt was from before we ever moved to |
May 3, 02 | Twyla came back to |
May 6, 02 | We call Rachel – she tells us she will be placing a “legal” lien on our house, to protect it and our contents. She tells us she will call us back |
May 7, 02 | We call Rachel and Toni, pleading for information – no return call. |
May 8, 02 | We call Rachel and Toni, pleading for information – no return call. |
May 9, 02 | We call Rachel and Toni, pleading for information – no return call. |
May 10, 02 | We call Rachel and Toni, pleading for information – no return call. |
May 11, 02 | We call Toni, pleading for information – no return call. I call Barry on his cell phone and try to stress the importance of the Family Court Situation. I am told by Barry that he is really mad at us. |
May 13, 02 | We finally receive a call from Toni, telling us that a hearing has been set for May 22nd, to determine whether Twyla is to be held in contempt of court, and to petition the court for the return of all real property. |
May 14, 02 | We find that the hearing has been cancelled. |
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