Dear All,

San Diego Superior Court Judge William S. Dato has been nominated by CA Governor Brown to serve as a justice in the Fourth District Division One Court of Appeal (4th/1st)

Tomorrow, February 9, 2017 at 10am pst, the Commission on Judicial Appointments (COJA) is expected to confirm the nomination.

The COJA panel will be composed of California Chief Justice Tani Cantil-Sakayue, California Attorney General Xavior Becerra, and Senior Fourth District Presiding Justice Manual Ramirez.

According to their website, the appointment hearing will be webcast at 10am pst tomorrow, at the following link:  http://www.courts.ca.gov/%C3%A2%E2%C3%C6%92%C2%A2%C3%A2%E2%E2%82%AC%C5%A1%C2%AC%C3%E2%80%A6%C2%A1%AC%C2%A6uments/www.courts.ca.gov/5367.htm 

“On Thursday, February 9, 2017, beginning at 10:00 a.m, three 45-minute public hearings have been scheduled for the Commission on Judicial Appointments to consider recent appointments by Governor Edmund G. Brown, Jr. A link to the live webcast will appear on this page approximately 30-minutes before the hearing.”

I am speaking against the confirmation of Judge Dato’s nomination on the grounds of unrepentant and unpunished Honest Services Fraud by him and five current justices of the 4th/1st — Presiding Justice Judith McConnell along with Justices Patricia Berke, Richard Huffman, Joanne Irion, and Cynthia Aaron (and others in the California courts).

The gist of what I am intending to say is:

I blew a whistle on how a bogus risk assessment model (the Veritox Theory) was created by toxicologists with PhDs; and how it was mass marketed by toxic tort expert defense witnesses and others to cause discrimination of those disabled by Toxic Mold. 

Multiple officers of the California courts have spent 12 years framing me for libel with toxic tort expert defense witnesses (Veritox, Inc) and burying the evidence of fraudulent court documents to aid the discriminatory fraud to continue. Judge Dato and the 4th/1st Fraudsters are key players in the ongoing deadly scam. (Of course, I will say it more politely!)

Corroborated by direct evidence, their collusive Honest Services Fraud is causing the continued mass-discrimination of those who are disabled by biocontaminants found in water damaged buildings (aka Toxic Mold).

Their fraud upon the court is enabling the continued usage of a bogus “Veritox Theory” in US physician educational materials, insurer claims handling practices, and toxic torts all across the United States — and they know it.

TWELVE YEARS OF CASE-FIXING STRATEGIC LITIGATION AGAINST PUBLIC PARTICIPATION (SLAPP) TO DEFRAUD THE UNITED STATES PUBLIC WITH SCIENTIFIC FRAUD

1. I have a degree in marketing.  On March 9, 2005 I published a WRITING on the Internet.  It exposed how the Veritox Theory (referred to as the “GlobalTox paper” in the writing) was being mass-marketed. The writing exposed that scientifically void risk-model became current accepted science by joined-unclean-hands of a U.S. Congressman from California, a nonprofit medical association which writes governmental policies, a think-tank, the U.S. Chamber of Commerce and the owners of Veritox, Inc. — who are toxic tort expert defense witnesses for the federal government and many private-sector insurers.

 2. In May of 2005 the owners of Veritox, Inc. sued me for libel my accurate use of the words “altered his under oath statements” in the writing. They needed me to appear to be a liar in order to keep the scam going.

 3. For twelve years, judges in the San Diego Superior Court and justices in the 4th/1st have been aiding Veritox owners to frame me for libel for those words; and have been trying to harass me into silence. By burying the direct evidence of perjury, suborning of perjury, and fraudulent court documents to make me falsely appear to be a liar; they are enabling the Veritox Theory to continue to be used to cheat those disabled by Toxic Mold.

 4.  On April 3, 2009, Judge Dato and his clerk Lynn San Nichols, left a twice-backdated, void judgment in effect. The void judgment failed to state that a jury found I was not guilty of libeling Veritox. This act of concealing a void judgment is a violation of Code of Civil Procedure 664.5, Government Code 6200, and Penal Code 134.

 5.  In a September 2010 wordsmithed appellate opinion by Justices Benke, Huffman and Irion; they suppressed the evidence that the judgment on record falsely did not state that I prevailed over Veritox in the trial and was awarded costs (by Dato’s April 3, 2009 ruling only — not by recorded judgment). From the word-smithed 4th/1st appellate opinion leaving the void judgment in effect.

“The trial court, with a different trial judge presiding, [DATO] heard Kramer’s cost motion on April 3, 2009, and awarded her a total of $2,545.28….On this record we cannot disturb the trial court’s award of costs to Kelman….Judgment affirmed. Respondents to recover their costs of appeal.”

 6.  Shortly after the pernicious appellate opinion issued; on November 4, 2010 the president of Veritox (Bruce Kelman) and his attorney Keith Scheuer submitted the unvacated void judgment to begin a second lawsuit against me in the San Diego courts. They wanted me to be permanently enjoined from writing of the fraud upon the court in the first SLAPP suit that enables the Veritox Theory to continue to harm thousands.

7. In June of 2012, Judge Thomas Nugent (retired) obliged them to permanently enjoin me.  I ignore his void order not to write of the case-fixing because it is a coram non judice, fraud upon the court to defraud the public with Veritox, Inc. No one says a word when I continue to republish the words “altered his under oath statements” while describing the twelve years of unrepentant California judicial case-fixing over those words — on behalf of toxic tort expert defense witnesses of the federal government, Veritox, Inc.  No one ever provides (the impossible) refuting evidence of the fraud.

8. As it stands today, the 4th/1st justices will not lawfully recall and rescind their fraud concealing remittiturs so the void judgments may be lawfully vacated in lower courts. They can’t recall their remittiturs without spotlighting that they have been abusing their court to harass a whistleblower of scientific fraud (moi) with falsified court documents.

9.  As such, the retaliation by falsified court documents is ongoing and ever-mounting by increasing interest of a fraudulent lien.  In 2009, Veritox owners and their attorney, Scheuer, recorded a fraudulent abstract of judgment and fraudulent, interest-accruing lien on my property by use of the unvacated void judgment.

10.  Veritox owners currently have a lien on my property which states a false date of entry of judgment and interest accruing cost award of September 24, 2008.

11.  It is not possible that anyone involved in this fiasco believes costs were awarded on September 24, 2008 — because Scheuer did not even submit his clients’ alleged costs until October 14, 2008.

12. It is not possible that anyone involved in this fiasco believes judgment was entered on September 24, 2008 — because post trial oral arguments took place more than sixty days later on December 12, 2008. If the fake lien was a legitimate legal document it would have been a violation of CCP 663(b) for post trial oral arguments to be heard on 12/12/08.

 13. Regardless of the mountain of direct evidence of fraudulent court documents, no less than ten times since September of 2010 the 4th/1st justices have obstructed the vacating of the void judgment and the removal of Veritox’s fraudulent, backdated lien from my property.  The latest date of their refusal to recall their fraud-concealing remittitur in writing came on November 10, 2015. To quote:

“Unfiled” and “THE COURT PREVIOUSLY DENIED A MOTION TO RECALL AND RESCIND REMITITTUR ON 1/25/2013”

14.  As a result of the collusive unrepentant and unpunished Honest Services Fraud (to falsely make me appear to have been found a liar by use of unvacated fraudulent court documents) the owners of Veritox, Inc. are still serving as toxic tort expert defense witnesses for the federal government.

15. The Veritox Theory is still being used by toxic tort defense attorneys and marketed by federally funded “nonprofit” medical associations such as the American College of Medical Toxicology (ACMT) to cheat the Toxic Mold Disabled from coast to coast.

        (To the credit of the American College of Occupational and Environmental                           Medicine (ACOEM) who were exposed in my 2005 writing for marketing the bogus           Veritox Theory as legitimate science; they are no longer marketing it as the                         scientific understanding of their 7000  occupational physician members.  See                     March 9, 2015 WorkCompCentral article) To quote:

                   “She [Kramer] said it was a litigation defense argument right from the get go.”

16. On February 2, 2017, the Chief Justice, Attorney General, Governor Brown, Justice Ramirez and Judge Dato were provided with the the direct evidence which corroborates the above statements of unrepentant and unpunished concealment of fraudulent court documents while case-fixing SLAPP over a matter impacting public health (by Judge Dato and the 4th/1st justices, et.al.)

17. They all know that all it would take to shut down the Veritox’s science fraud and stop the criminal harassment of me, would be for Justice McConnell and Justice Benke to lawfully recall their remittiturs and direct the lower courts to vacate the void judgments.  This could be done at any time and even upon the 4th/1st’s own motion:

“a remittitur may be recalled on the reviewing court’s own motion, on motion or petition after notice supported by affidavits, or on stipulation setting forth the facts which will justify the granting of the order is now determined by rule. (Rule 25(d), Rules on Appeal; 36 Cal.2d at p. 22.)… Other than for the correction of clerical errors, the recall may be ordered on the ground of fraud, mistake or inadvertence.”

18. They won’t recall it.  As such and needless to say, it would not be in the public’s best interest to have Judge Dato rewarded for Honest Services Fraud by an appointment to the appellate court where his fellow justices are continuing to obstruct the vacating of a void judgment that he was instrumental in creating — to defraud the public with scientific fraud.

 19. Yet, even with the undeniable evidence of collusive wrong-doing, I am highly anticipating that the Chief Justice of California, the California Attorney General, and Justice Ramirez will, at best, thank me for sharing — and then continue on with the appointment of Judge Dato to the 4th/1st like emperors with new robes.

SO PLEASE TUNE IN TO THE WEBCAST TOMORROW if you are able.  For good cause, these people scare me by viewing themselves to be above the law.

 I have already been jailed once (2012 by Judge Thomas Nugent) and caused bodily harm for my refusal of silence of the unrepentant case-fixing to defraud the public with the scientifically void Veritox Theory; and for my refusal to sign a false confession of being guilty of libeling Veritox, Inc. owners.

To quote from the court transcript of March 14, 2012 when Judge Nugent had me brought before him in shackles and prison garb; and tried to coerce/scare me again into signing the false confession:

 MS. KRAMER: NO. WHAT YOU’RE ASKING ME TO DO IS COLLUDE WITH THE FRAUD — WITH THE COURT TO DEFRAUD THE PUBLIC AFTER SEVEN YEARS.

THE COURT: RIGHT. BUT I’M NOT CONDITIONING MY DECISION THIS MORNING ON THAT. THAT’S NOT A CONDITION. IT WAS MERELY A WISH.

MS. KRAMER: THIS IS A CRIME. YOU SHOULD BE ASHAMED OF YOURSELF THAT I’M SITTING HERE LIKE THIS THIS MORNING.

Although I am scared, I am not shutting up until the void judgments are vacated and Veritox’s fraudulent liens are court-order removed from my property. 

People who have been injured by Toxic Mold are still being so horribly discriminated against that some commit suicide. This is directly because of the unrepentant and unpunished SLAPP fixing in the San Diego courts to cause the mass discrimination — including by the joined unclean hands of Governor Brown’s nomination to the 4th/1st, Judge William S. Dato, and five justices who are already in the 4th/1st.

The more eyes watching tomorrow, the safer I will feel!

Thank you,

Sharon Noonan Kramer

P.S. If you are in the Sacramento area tomorrow, please turn out at 9am to support our friends at the Center for Judicial Excellence.  They are speaking before the CA Board of Psychology on the subject of how bogus expert opinions by those with PhDs are used to harm many families in California’s family courts.  See directions in THIS LINK.