MEMORANDUM to Maria Kraus, Legal Aid Society of San Diego

M E M O R A N D U M

From: Michael J. Merritt

To: Maria Maranion Kraus #243115
Legal Aid Society Of San Diego, Inc.
1764 San Diego Ave, Ste 100,
San Diego, CA 92110-1987

Mrs. Kraus were you planning on concealing the fact that your client and my kids moved to Montana like you concealed her address during the 06 March 2019 Contempt Trial when you told me I needed to physically serve the paperwork to your client that has concealed her physical address since August 2017 without legal justification to do so.

The only time your client has had a legal right to conceal her address was when she violated California Penal Code 118a on CA DV-100 dated 17 May 2019, DV-120 dated 17 May 2019, and MC-30 dated 05 June 2019 in San Diego East County Court Case ED100465.

This is the same Protection order issued by the same Department, of the same court, on the same date, for the same time frame as my Protection Order that the @[750988771581426:274:Newton Police Department, IA] served me with in October of 2019, but for reasons that are unknown LT Herrington was unable to find my Protection order or find a reason to prosecute charges against the evidence I presented him on a police report that was generated nearly 2 months earlier that his department failed to take action on.

Your client has executed behavior in complete violation of California Penal Code 278.5 without the qualification for the protections that California Penal Code 278.7 provides a parent with reasonable cause to execute that behavior.

California Penal Code Section 278.5
(a) Every person who takes entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

By passively and indirectly supporting the court outcomes of your client’s behavior backed up with her perjury in court and “concealing” her location are you not also breaking California Penal Code Section 278.5

Please present the legal justification or court order that you and your client have to conceal the location of my children from me.

Please provide one page of evidence supporting the protection order that your client dropped at the beginning of our 31 OCT 2019 court date, however, took the allegations 2 months later to the San Diego County Sheriff] 2.5 years after the first set of false allegations that she filed with the San Diego County Sheriff].

On 31 October 2019, I presented evidence of your client’s violation of numerous California Laws. Showing evidence of child abuse, harassment, financial extortion, perjury, false allegations of spousal rape, false allegations of child molestation, etc.

Your communication to the Judge that all of my evidence was not relevant for a Family Court Trial and belonged in a California CIvil Court trial in the presence of the presiding Honorable Judge of Department 5 of San Diego East County Court House accomplished two unethical things from my understanding of the rules of The State Bar of California] and The State of California Business and Professional Code Section 6068.

1. You gave free legal advice to the opposing party of your client in court in front of a Superior court judge recommending to me that I take all of my evidence and sue your client in California Civil Court. Legal advice you have continued to give me over the phone as well as in the email attached to this post. A logical reason for doing this possibly would be to manipulate and mislead a self-represented litigant into not providing evidence and testimony damaging to your client in a Family Court Case that call’s into question the mental health and parental capabilities of your client in the current Family Court Proceeding

2. By telling a California Superior court judge that evidence that completely dismantles your client’s allegations of spousal rape, child molestation, and other crimes documented on her submitted court forms prior to you representing her you are in violation of The State of California Business and Professional Code Section 6068(d)

(d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.

By telling a Superior court judge that my evidence against your client is not relevant is a violation of this code because California Family Code Section 3027.1 states:

“(a) If a court determines, based on the investigation described in Section3027 or other evidence presented to it, that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose reasonable money sanctions, not to exceed all costs incurred by the party accused asa direct result of defending the accusation, and reasonable attorney’s fees incurred in recovering the sanctions, against the person making the accusation. For the purpose of this section, “person” includes a witness, a party, or a party’s attorney.
(b) On motion by any person requesting sanctions under this section, the court shall issue its order to show cause why the requested sanctions should not be imposed. The order to show cause shall be served on the person against whom the sanctions are sought and a hearing thereon shall be scheduled by the court to be conducted at least 15 days after the order is served.
(c) The remedy provided by this section is in addition to any other remedy provided by law.”

Is this not damaging to your client? Is this not damaging to your ability to win the case? Is telling me and the Department 5 Judge that evidence that disproves your client’s false allegations of child abuse and other forms of abuse making her accountable to Family Code Section 3027.1 a complete unethical breach of practicing and representing the Law.

Is emailing me and telling me that if I am going to take your client to Civil Court (this is what you told the Presiding Judge and myself that I should do on 31 OCT 2019) to make sure I seek legal advice not giving legal advice. Are you not attempting to direct and manipulate what path forward I take with my evidence.

By arguing the validity of your clients Protection Order that she withdrew without providing any evidence to support it in your email, are you not endorsing the contents of her testimony on the court forms that granted it (California Penal Code 118a)

Let’s let The State Bar of California decide. My intention is to have you removed from this court case because your unethical behavior shows you care more about winning a court case over practicing law ethically. I am not going to let your actions impact my kid’s life or mine.

Legal Aid Society Of San Diego, Inc.] if you would have followed your own internal policy as communicated on your website which states that you do not take on cases older than 18 months you would not even be involved in this situation. With your lawyer entering a case that was already in its 30th month based on a Protective Order that was granted based on claims the San Diego County Sheriff] had already investigated as completely false, and your own client retracting her allegation of spousal rape while she wanted to reconcile in 2017. It is my own personal analysis that you do not have any legal ground to stand on in this case and any further representation of this client only illustrates your firm’s complicit involvement in perjury involving false allegations of felony charges and child abduction that is actively occurring.

This will be submitted as a court declaration in court case ED100465 at San Diego East County

Respectfully,

Michael J. Merritt