This really happened in the 4th/1st Appellate Court yesterday

This post was updated on December 12, 2017 with videos from the February 9, 2017 swearing in of William S. Dato as an associate justice in the California Fourth District Division One Court of Appeal.

Oh boy. This really happened in the same courtroom on the same day in San Diego yesterday. [February 9, 2017] It was in the 4th District Division 1 Appellate Court, 750 B Street.

In the morning, one judge was appointed to be an appellate justice by the Commission on Judicial Appointments (COJA)

In the afternoon, another judge was being tried for being an unfit judge by the Commission on Judicial Performance (CJP).

One of the two judges is criminally involved in creating fake court documents that harm thousands of people – to the point that some have committed suicide resultant from the fraud.

The other of the two judges made a few off-color remarks in his courtroom.

Guess which judge was being tried as unfit by the CJP and which one was being rewarded with a promotion to appellate justice by the COJA.

Answer: The judge who committed the criminal acts, Judge William Dato, was rewarded with an appointment of appellate justice by the COJA.

The judge who made a few off-color remarks in friendly jest, Judge Gary Kreep, has been run through the gauntlet by the CJP (with your tax dollars).  They are character-assassinating him to make him falsely appear to be someone who would use such words “Grab them by the p***y” on a daily basis when deciding court cases.

He claims he is being retaliated against because of his political beliefs.  Like Trump, he’s a birther.  I’m inclined to believe there is truth to his words regarding the CJP targeting him. But not primarily because of his political beliefs (with which I don’t agree); but because he was causing the loss of money to the courts and affiliate agencies via refusing to jail people who couldn’t afford to pay bail while they await trial.  The city attorney’s office led the charge against Kreep.  They had been boycotting his court.  See 2013 Union Tribune article re: the boycott.

I attended and watched a portion of his trial. It looked like a lot of smoke and mirrors to me.  Kreep’s real words seem to indicate some insensitivity, but no cruelty or meant-harm. And certainly not consistent with the false light portrait they and some of the local media are portraying of him as someone unfit to be a judge because of sexual harassment.

The stark difference in the manner that Judge Kreep and Judge Dato are being treated is an astounding thing to witness in the same courtroom.  It seems to prove the claims that many California judges have made:

The CJP and Cal court power-brokers protect well-connected jurists who commit egregious misconduct and crimes; and they abuse their powers to harass other jurists who don’t fit their agenda.


17.02.09 cover to COJA Dato Swearing in.jpg

The COJA members are always California’s Chief Justice, Attorney General and the Senior Presiding Appellate Justice of the District.

Chief Justice Tani Cantil-Sakayue, Attorney General Xavior Becerra and Justice Manual Ramirez were provided the direct evidence of Dato’s unrepentant and uncorrected legal error before they unanimously voted for him to be the newest appellate justice in the 4th/1st. I submitted the documents on February 2, 2017.

At the hearing Tani publicly stated that she read the “45 pages” — which included the direct evidence of the crime. But did she read it? The faxed complaint was ten pages.  The rest of the pages were two enclosures and eight exhibits. They are direct evidence of judges and justices creating fraudulent court documents and covering up for each other, over a matter impacting public health and safety, nationwide.

In a room packed with happy joking judges and justices I was the only one there to object to Judge Dato’s appointment on the grounds of his key involvement in continuing Honest Services Fraud.

The other speakers were permitted to speak without time limitation. This is what I was able to say before Tani shut me down for going over two minutes:

Good morning.

Sharon Kramer, Escondido

I object to  Judge Dato’s appointment to the 4th/1st because of Honest Services Fraud with Judge Pressman, and Justices McConnell, Benke, Huffman, Irion and Aaron – and several San Diego judges and clerks.

I submitted documents. See exhibit 5 for Judge Pressman’s misuse of a void judgment. [that Dato concealed was fraud]

I have a degree in marketing. I’m a medical journal published author regarding scientific misconduct when setting policies over disabilities caused by water damaged buildings, aka Toxic Mold.

I worked very hard to help cause the CJP audit because of court-crimes going unpunished.

The crime of which Judge Dato is involved, is this:

There is a scientifically void risk model, the Veritox Theory. It was penned by toxicologists at Veritox, Inc. It falsely claims to prove that Toxic Mold can never reach a level to disable or kill.

In 2005, I published a writing. It exposed how the Veritox Theory was marketed into policies by the US Chamber, a think tank, a US Congressman, a medical association, and the owners of Veritox, Inc – who are toxic tort expert defense witnesses for the USDOJ, other gov’t agencies and insurers.

Veritox relies on the fraud remaining in policies to lend undue credibility to their bogus expert testimonies when cheating the Toxic Mold Disabled and dying.

In 2005, Veritox and their president, Bruce Kelman, sued me for libel for the words “altered his under oath statements” in my writing.

With all due respect, your honor, your courts have spent 12 years harassing me and framing for libel for those words by creation and continued usage of void judgments, fraudulent liens and fraud-concealing remittiturs.

On April 3, 2009, in violation of CCP 664.5(b)…..

(Tani cut me off and gave me 30 more seconds to speak) I was able to ask AG Becerra if he would investigate the crimes in the courts that are going unpunished by the CJP.

I was also able to state that Justice Judith McConnell is obstructing the vacating of the void judgment (that Dato helped to create).

When AG Becerra spoke, he said I could send him documents and he would investigate.  I doubt it.  He’d have to prosecute over half of the 4th/1st appellate justices to stop this fraud  — including the one he just appointed.

This is what I did not get to say:

In September of 2010, Justices Benke, Huffman and Irrion rendered an appellate opinion that failed to state that the judgment Dato had left undisturbed made it falsely appear that a jury found I was guilty of libeling Veritox – also making it falsely appear that I was lying about their Veritox Theory being a mass-marketed science fraud.

Today because of falsified court documents going unvacated, Veritox owners have fraudulent liens on my property that states a date of entry of judgment and cost award not possible to have occurred. See exhibits 1-4. 

[EXH 1 VOID JUDGMENT shows cost award 12/18/08

EXH 2 FRAUDULENT LIEN shows cost award 9/24/08

EXH 3 Electronic case record shows nothing occurred on 12/18/08

EXH 4 SCHEUER’s 10/14/08 Submission of KELMAN’s costs proving the dates on the interest accruing lien are fraudulent.   ]

The 4th/1st will not recall their remittiturs so void judgments may be vacated and fraudulent liens court-order removed.  

They can’t, without spotlighting they’ve been framing a whistleblower of science fraud for libel with fake court documents, while abetting the fraud to continue in cases all over the US.

In 2012, I was jailed by Judge Nugent’s use of the void judgment. He was trying to coerce and scare me into signing a false confession of being guilty of libel. My signature would have absolved everyone’s crimes.

So, I know it would not be in the public’s best interest to have Judge Dato join the other case-fixers in the 4th/1st.

Chief Justice, please do not appoint him to be a justice. That would be rewarding and fueling the exact type of problems that many of us know you’re working hard to stop. [I gagged a little bit when writing this sentence]

Justice Ramiraz, I’d like your court to hear a motion to recall a remittitur so Veritox’s fraudulent liens may be removed from my property.  

But Justice McConnell refuses to be disqualified while blocking any other court from hearing the motion.

Attorney General Becerra, basically this is a massive insurer fraud scam. Will you investigate the CJP-unpunished judicial crimes, including Judge Dato’s, purposed to keep the scam going?  

It was not fun being there to oppose Judge Dato’s appointment. Even I, who knows what a deadly scam this is, did not want speak out among his peers and family when they were all so happy for him. I can understand why it’s hard for judges to tattle on their peers’ crimes.

I was the first one there in the morning.  I arrived a little after 9. Judge Dato arrived with his wholesome looking older children and his wife.

I expected that Mrs. Dato would look like so many women who’ve had too many botox injections and too much plastic surgery. But she did not appear to be a glam-queen who enjoys the fruits of a husband’s unethically earned income.  She was a kind faced woman, a little on the heavy side, dressed in slightly frumpy garb –  and she was on crutches.

Ugh! This made me feel like I was there to snatch Christmas dinner from Tiny Tim’s family.

I had to take a deep breath when I saw his family and steady myself.  I wasn’t there to hurt anyone.  I was there to speak against the rewarding of court crime which is causing devastating harm to thousands of disabled families and workers.

Before the proceeding began I was able to reintroduce myself to Judge Dato. I had not seen him since 2009 when he left the void judgment undisturbed which falsely made it appear that I was found guilty by a jury of libeling Veritox, Inc.

He had also received the same “45 pages” which the COJA members had.  I had spoken to his clerk, Lynn San Nichols, about two weeks prior before I even wrote them.

I asked that she and Judge Dato do something about the fraudulent court documents b/c I didn’t want to have to publicly speak against his appointment. She said there was nothing they could do. (Since when can’t court employees correct the damages from fraudulent court documents they have created?)

Judge Dato was gracious with his acknowledgement that I was there to speak against his appointment to the 4th/1st.  But he quickly moved on to greet other guests.

So we all went inside.  People were let through the detector carrying their bags with no scanning.  I got up to the front. They made me put my items on the scanner belt. They seemed to check it carefully. I don’t know if anyone else’s items were scanned. I only saw mine and not others around me.

It was very uncomfortable. But okay, whatever. I was there in hopes of taking a bite out of court crime and to save lives with my words.

People settled in and all rose when Tani entered the room.  I noticed that all who were scheduled to give testimony were sitting upfront — except me.  Tani described who would be testifying. She didn’t mention me. What gives? Did I not check in properly?

So I politely waited for the first presenter’s glowing testimony of Judge Dato to end.  Then I walked up the side of the room to make sure they knew I was there to testify.

As I was walking up Tani said, “Ms, Kramer, we know that you and your little dog Todo are here to testify” (or something that sounded to that effect to me)  “Now go back to your seat and your name will be called.”  So I thanked her for the acknowledgement, went back to my seat and waited to be called.

The three presenters before me were Leonard B. Simon of Robbins Geller Rudman & Dowd LLP; Judge Joel Pressman of the San Diego Superior Court, and Retired Justice of the 4th/1st Howard Wiener.

17.02.09 Invite scheduled speakers Dato.jpg

They all gave testimony of what a fine man and knowledgeable judge that Dato is. They spoke of his extensive knowledge of appellate courts.  I thought this was odd.  In 2009, when Judge Dato’s court had jurisdiction over my case — so did the 4th/1st at the same time.  I now know that that’s a no no.

When Judge Joel Pressman was testifying, many of his words told a back story of which I was not aware. But his words added a new piece to the puzzle.  He spoke of what great friends he and Dato are. Told of how Dato knows a great place to get gourmet tacos near the Vista courthouse and described the closeness of the two men whose courtrooms were next to each other.

Then he ended his presentation like this:  “I only have two words to say to Judge Dato, ‘harmless error”. 

The courtroom full of judges and justices thought this was an extremely hysterical statement. It drew the biggest laughs of the day. Chief Justice Cantil-Sakauye joined in the fun, stating “Wise words, Judge Pressman.  Wise words”.  That drew more laughs.

But I did not find it the least bit funny. Judge Pressman knows that Judge Dato CYA’d for his “harmless error” of using a void judgment with a false date written on to deny my motion for reconsideration in 2009. This funny error by the good friends forced me to have to file an appeal in the 4t/1st — where the void judgment remains obstructed from being vacated to this very day.

Chuckle, chuckle, gafaw, gafaw. People are still dying from their unrepentant and unpunished fraud upon the court via collusive concealment of fraudulent court documents in fixed-SLAPP to frame me for libel for exposing a massive fraud.

Ha, ha. Very funny.  My husband and I still have fraudulent and backdated liens on our property that are rapidly approaching $40,000.00.   Yuck, yuck.  I was jailed by use of the “harmless error” void judgment for refusing to sign a false confession — and while I was in there I got sick from the dirty environment.

After the COJA members voted to confirm the nomination, people were milling about. I went up to Justice McConnell and asked her if there was anyway she would consider recalling the remittur that is concealing the void judgment that Dato helped to create.

OMG!  The woman theatrically over-reacted like she had rehearsed her dramatic response a thousand times in a mirror. She turned away, put her arm out toward me in a defensive pose and  loudly stated “Get away from me.  I don’t want to talk to you.

My shocked response was an inarticulate: “What? Whoa.”

I turned around to walk away. Two deputy sheriffs were no more than two feet from me.  They were large men, standing side by side with scowls on their faces and arms folded.

I went to move away from them to talk to others as I waited to hear Dato’s swearing-in.  They blocked me from moving in the direction that I wanted. One said verbatim, “You’re finished here, Ma’am

Was I going to be arrested if I spoke to anyone else? Who authorized them to tell me that I was finished there?

Since I had already been jailed once in 2012 and caused bodily harm for my refusal to sign a false confession of being guilty of libel;  I decided that it was probably in the best interest of my dear husband’s emotional well-being if I just left.  (The man has stood by me thru thick and thin for twelve years while fighting this massive crime). So I left.

It’s amazing what odd-logic races through one’s mind when in stressful situations. I also left because I thought about the high heels that I was wearing being uncomfortable and I did not want to spend hours in them while being booked into jail!

Plus, I never want to be subjected to a strip-search again or held in a dirty jail cell that would make me sick.  I felt intimidated that I should leave and I’m sure they were all glad that I did.

As I was leaving, a couple was in the elevator with me.  They smiled at me.  I said “That wasn’t fun“.  They said “You did a good job.  The Attorney General said he would investigate.”  I said, “I doubt it. Harris never would.”

So even though Dato was appointed to the 4th/1st by the CA Chief Justice and Attorney General ignoring the direct evidence of his crime harming thousands, and I was abusively made to feel like a criminal for reporting the massive crime in a way that might make them listen; the couple in the elevator raised my spirits.

If they heard me as I was describing a massive crime and abuse of power in a room full of jurists; so did others.  As a friend of mine wrote to me just the other day:

“Good luck, Sharon. I trust and believe they won’t try to hurt you. I think they’ll just ignore you. But I also think that some of what you say will penetrate their brains.

Hopefully my words did make a difference yesterday to help stop court crime and help save lives of those being disabled by Toxic Mold.

I am not shutting up and I am not going away until those court documents with fake dates written on them are vacated and Veritox, Inc.’s fraudulent liens are court-order removed from our property and public records.

I can’t.  Too many lives remain at stake. The void legal documents being acknowledged as frauds is the key to exposing the massive, collusive crime in the California courts which continues to harm thousands from coast to coast. Exposing them as fraud is what will make the harm stop.

So…back to the Attorney General’s office.  Maybe the new AG Becerra really will listen.  [So far, does not appear that way]

The Videos from February 9, 2017:

Sharon Kramer

About Sharon Kramer

Hi, I'm an advocate for integrity in health marketing and in the courts.
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6 Responses to This really happened in the 4th/1st Appellate Court yesterday

  1. Thank you. I know there were a few in that room who also know that what they’re criminally doing is aiding W/C insurers to avoid proper restitution to injured workers. One of them who I didn’t mention in my blog is San Diego County’s DA, Bonnie Dumanis. Her office gets over $5M per year to stop fraud in workers comp. She’s had the direct evidence since 2010 of the SLAPP fixing enabling the w/c insurers fraud nationwide.

  2. Angela Page says:

    You know, when they are all quietly alone, they know you are the one that is right.

  3. Good for you Sharon, and a great glimpse of what happened. I could say I am surprised, but I am not. It has been that way for so long. Thanks for bringing us along with your blog.

  4. Thank you, Teresa. I appreciate everything you have also done to get the truth out of the deadly harm that moldy buildings can cause — and the science fraud in policies and courts which stop those injured from being able to get help.

  5. Teresa McCormick says:

    Sharon you are so brace. God bless both you and your husband for continuing the good fight.

  6. Great job Sharon. McConnel in my opinion had the reaction of a guilty person that was being called out for her crimes. God willing someday the truth will be exposed and those responsible will finally be brought to justice. Hang in there Sharon and keep fighting the good fight like I’m doing in

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