Submitted: Sunday, April 10, 2005
Posted: Sunday, April 10, 2005
Dee
IRVINE
U.S.A.
This is a separate case from my brothers divorce. It is now in Civil Court, not Family Court which is where this Judge tried to make a ruling. Check it out....it's there.
Submitted: Wednesday, April 13, 2005
Posted: Wednesday, April 13, 2005
Carl
El Cajon
U.S.A.
I did a name search for the name your presented. The only civil lawsuit involving a John DiCostanzo was an eviction lawsuit and it appearas that the judge is waiting for the title to the property to be decided in the divorce matter. The civil court is not who you should be upset with, it is your ex sister-in-law that you should be upset with.
Submitted: Saturday, April 09, 2005
Posted: Saturday, April 09, 2005
Carl
El Cajon
U.S.A.
The records of the Riverside Superior Court are available online. Although the divorce was finalized in 1997, there is no evidence of any lawsuit where your brother's ex is claiming title to be your dad's property.
Submitted: Saturday, June 25, 2005
Posted: Saturday, June 25, 2005
Carl
El Cajon
U.S.A.
Perhaps I wasn't sufficiently clear. I did look at the dockets to both the family law case and the civil case. I stand by my previous comments. You are making a lot of statements that are simply not supported by the records available on the court's website.
Submitted: Saturday, June 25, 2005
Posted: Saturday, June 25, 2005
Karlton
La Canada
U.S.A.
Dee just post the case numbers, I can't find them either. We would like ot help but we need to see the case first.
Submitted: Saturday, June 25, 2005
Posted: Saturday, June 25, 2005
Larry
Tucson
U.S.A.
I am not a lawyer but I do have considerable experience with the courts. I just hate it when a non-attorney tries to explain a court case because they never -- and I mean never -- get it right. The person posting this report is not even a party to any of the proceedings, so her knowledge of these cases is second-hand at best.
In any divorce case when both spouses claim possession of the home they shared prior to the divorce, the judge will normally order one or the other to find another place to live while the divorce case is pending. Emotions run high in divorce cases and two warring spouses under the same roof is a recipe for murder. Unfortunately, the husband is usually the one ordered to move out pending final judgment. If your father owns the home and she has no lawful claim to it, she will probably be ordered out after the scheduled hearing regarding title to the home.
I can only guess who was suing who for what in that eviction case but it sounds like Dad lost. Did he try to make an end run around the family court judge's order by filing for eviction in another court? If that's the situation, he's lucky that he did not end up in the slammer for interferring in the family court case.
Submitted: Thursday, June 09, 2005
Posted: Thursday, June 09, 2005
Dee
IRVINE
U.S.A.
Carl,
Needless to say I am not happy about my ex-sister-in-law......but it's the Judge who ordered my brother out of my Dad's house while they do this TITLE SEARCH. Read all the MINUTES under DICOSTANZO vs DICOSTANZO for both CIVIL and FAMILY COURTS before you jump the gun with your comments.
Submitted: Wednesday, July 06, 2005
Posted: Wednesday, July 06, 2005
Dave
Riverside
U.S.A.
I suppose the judge is doing the best he can because there is so much legal red tape that prevents him from acting on the natural assumptions that A) your dad owns the house and B) your brother and sister-in-law have just been paying rent to him. You mentioned something about them ultimately owning the house. I imagine that there's no "legal" lease or rental agreement.
My suggestion is that someone who cares for both members of the ex-couple (you, for example) approach the girl and offer to help her find a place to live so that she doesn't have to bear the anger and hatred of so many people. Your dad, I'm guessing, has turned to the court system for help in this matter by attempting to evict her, which I believe is a mistake. The courts offer an often ineffective and divisive method of forcing people to cooperate and increase our tax burden to boot. Personal responsibility dictates respect for each other and indefinite pursuit of a solution without resorting to force or violence.
When a married couple decides to stop being married, their personal responsibility becomes even more important. Divorce court unfortunately acts as a crutch in this area, encouraging them to be less personally responsible and rely instead on law enforcement to get the best of their new enemy.
The Rip-off report is a mostly open-forum in which assertions can be made in public view. This tends to make people more honest and compells them to be reasonable and take responsibilty. Appeal to relatives and friends of the girl to discuss the problems here and find a solution without wasting so much money.
Maybe the girl will make a good tenant and your brother can spend his rent somewhere else. Maybe a crumb of goodwill from someone that cares for your dad will change her mind about fighting for something she shouldn't get in the end anyway.
You know, we're all victims here because the court system runs off of our taxes and exists only because people like either your brother or your sister-in-law (or both) don't take responsibility to solve their problems on their own.