Cole Stuart Considers $10M False Arrest Suit Against SDCBA

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April 30th, 2010 Leave a comment Go to comments
San Diego Judicial Abuse Arrest of Cole Stuart
Cole Stuart Arrested During Family Law Protest

In the wake of what appears to be a wrongful arrest of California Coalition for Families and Children co-founder and president Cole Stuart, the evidence is building that one of the primary culprits in this matter is the San Diego County Bar Association (SDCBA).

We’ve obtained copy of computer file containing a letter directed to Patrick L. Hosey, President of the San Diego County Bar Association. In the letter, Cole Stuart describes the events of the April 15, 2010, family law seminar sponsored by the SDCBA at which their staff and private security guards allegedly handcuffed and removed him from the event. This is despite the facts that he is a licensed attorney who paid for admission to the event, the arrest warrant for him was obtained in an irregular fashion that suggests judicial misconduct was involved, and the San Diego Police Department (SDPD) and San Diego Sheriff Department officers on the scene wanted to wait until after the event to make an arrest.

SDPD officers pointed out that it was highly unusual for an arrest warrant to be issued over a misdemeanor alleged violation of a temporary restraining order. Possibly even more unusual is that the TRO was not served on Cole Stuart until April 16, two days after the issue of the arrest warrant tied to the TRO and one day after he had already been arrested.

Apparent Misconduct of Judge Lisa Schall

It appears that Judge Lisa Schall issued a temporary restraining order (TRO) against Cole Stuart at the request of his ex-wife, Lynn Stuart, who is upset that he was trying to arrange to talk with his son on the phone. She allegedly misrepresented his emails to arrange a phone schedule as annoying phone calls and stalking. The TRO was issued without an opportunity for defense, typical tactics for family law judges who believe that due process doesn’t apply in their courtrooms. The California Bar Association acknowledges that there is a major problem with TROs as they are often being used improperly as offensive weapons by malicious parents who want to gain an advantage in a custody battle. Estimates are that more than half of the instances in which TROs are requested involve false allegations and exaggerations designed to mislead the court to gain an advantage.

Schall is hardly a model judge and is very likely biased and prejudiced in this case. She’s been subjected to repeated disciplinary action by the Commission on Judicial Performance for past misconduct and also has a criminal record for reckless drunk driving. It is our understanding that Cole Stuart filed a complaint against her with the Commission on Judicial Performance which has yet to be resolved. Consequently, it appears that Schall should have recused herself from the case. Instead, it appears she may have used the opportunity to retaliate against Cole Stuart.

San Diego Judicial Abuse Arrest of Cole Stuart
CCFC Protesters Include Moms Abused by Courts

Questions Surround Family Law Judges and City Attorney

It’s still not entirely clear what the exact roles of Judge Lorna Alksne, Judge Lisa Schall, Judge Christine Goldsmith, and City Attorney Jan Goldsmith were in arranging for an arrest warrant in what appears to be an effort timed to harass and intimidate political protesters upset with the San Diego family law courts. Reports are that Alksne identified Stuart to Sheriff deputies on her security detail and then may have involved herself in the effort to arrest him. Judge Christine Goldsmith was also at the family law seminar. She reports to Alksne. Her husband, Jan Goldsmith, allegedly signed the arrest warrant. The nature and timing of events and connections between these parties causes there to be a distinct appearance of a conspiracy to cause false arrest for political purposes involving all of these parties in addition to the SDCBA.

Letter to SDCBA

In his letter to SDCBA President Hosey, Cole Stuart states:

(quote from the letter)

At approximately 6:00 pm on Thursday, April 15, 2010 I arrived at the SDCBA building, signed in and joined the seminar. Approximately thirty minutes into the seminar during a break, two private security employees of the SDCBA approached me and informed me that San Diego Police officers were waiting outside of the building with a warrant for my arrest. They requested that I accompany them outside of the building. I informed the SDCBA employees that I had paid to attend the seminar, that I wished to complete it, and that I did not wish to leave before its end. The SDCBA employees informed me that I could wait until the end of the seminar, but that I would be arrested by SDPD at the end of the seminar. I advised them that I would be pleased to speak with SDPD after the seminar.

SDCBA employees continued to attempt to convince me to leave, threatening me with arrest. I asked if the employees possessed an arrest warrant and they admitted they did not. I inquired as to whether SDPD intended to enter the building to arrest me and the employees admitted that SDPD had no intention of entering the building. Sherriff’s deputies were present and also refused to make an arrest. I advised SDCBA employees that if they attempted to arrest me I would consider it an assault, false arrest, and false imprisonment.

One of the SDCBA employees then left to consult with other SDCBA employees and/or seminar speakers and attendees. He returned and repeated that if I did not leave the building he would forcibly remove me. I advised him again that I was rightfully present at the seminar and did not wish to leave. The two SDCBA employees then handcuffed me, took me into custody, and forcibly removed me from the building in front of approximately 100 of my professional colleagues.

SDCBA employees forcibly took me to SDPD officers outside the building where I was arrested by SDPD. I was taken to county jail and imprisoned for approximately eight hours until released on bail.

SDPD officers advised me that they were perplexed as to why an arrest warrant was issued for an alleged misdemeanor charge. They stated that they rarely receive warrants for misdemeanors. They also stated that they had no intention of entering the SDCBA building to execute the warrant as our protest was peaceful and I was causing no disturbance inside.

Apparently several SDCBA employees attempted to convince the officers to execute the warrant inside the building, yet the officers refused. I am further investigating, and will soon report any violations of Judicial Cannons relating to the arrest to the Commission for Judicial Performance. Clearly, SDPD and Sherriff’s deputies had ample opportunity to execute the warrant, yet refused. Nevertheless, SDCBA chose, through it’s employees, to arrest me and remove me from a seminar that I paid for and was rightfully entitled to attend.

This is a claim for assault, false arrest, and false imprisonment pursuant to California law. False imprisonment is the ‘nonconsensual, intentional confinement of a person, without lawful privilege, for an appreciable length of time, however short.’ Fermino v. Fedco, Inc., 872 P.2d 559, 567 (Cal.’94) (quoting Molko v. Holy Spirit Ass’n, 762 P.2d 46, 63 (Cal.’88)). A false imprisonment action may also be maintained if ‘the defendant unlawfully detains the [plaintiff] for an unreasonable period of time’ after an otherwise legal seizure or arrest. Lincoln v. Grazer, 329 P.2d 928, 30 (Cal.Ct.App.’58). Once the plaintiff has proven the elements of the tort, the defendant has the burden to establish that the detention or arrest was legally justified. See Cervantes v. J.C. Penney Co., 595 P.2d 975, 982 (Cal.’79).

SDCBA had no legal right to place me in handcuffs and remove me from the seminar. The act of doing so in front of dozens of my colleagues additionally caused injury to my reputation and person. SDCBA’s actions also caused physical injury, constituting assault. SDCBA’s actions were unlawful and caused significant damages. As an attorney practicing in San Diego, the public display of such an arrest has caused injury to my reputation and significant loss of business opportunities.

This demand is for compensation for such injuries in the amount of $10,000,000. Please deliver this claim and demand to you insurance carriers. I request that they contact me as soon as possible to discuss resolution of this claim. If I have not received a satisfactory response from you by Wednesday, April 28, 2010 I will initiate suit to resolve the claim.

Cole Stuart’s description of the events has to date been verified by other parties present at the event.

Other Parties Subject to Suit

As this case is developing, it appears there are reasons to believe that many other parties were involved in this false arrest. It may be difficult for Cole Stuart to establish their culpability without naming them in a lawsuit. SDCBA has asked for more time to respond to the demand. While Stuart has not yet filed suit, we expect he will likely do so if SDCBA in his view doesn’t sufficiently take responsibility for its actions.

If he does file a suit, it is plausible the following parties will be named:

Patrick Hosey
San Diego County Bar Association
Other SDCBA officials
Security guards
Judge Lorna Alksne
Judge Lisa Schall
Judge Christine Goldsmith
City Attorney Jan Goldsmith
City of San Diego
County of San Diego
State of California

The last three potential defendants are on the list because they pay the judges and city attorney and may be involved. We’d also expect to see placeholder defendants listed as “does 1 to 100” or similar to enable additional parties to be added as defendants as discovery proceeds to reveal the parties involved and their actions.

While it appears that SDPD and Sheriff Department officers were better behaved than the other parties, it is entirely possible that their actions were influenced from behind the scenes by other parties working in their agencies or related agencies who are friends with those on the above list. In particular, Bonnie Dumanis is connected to Jan Goldsmith, is often tied into discussions about government misconduct in the county, and has tied to the Sheriff Department as interim Sheriff Bill Gore used to work for her.

Criminal Investigation of Judges, SDCBA, and City Attorney May Be Warranted

Given the obvious mistrust this entire incident is creating and the evidence of improper actions by government authorities, it also seems prudent that a California Department of Justice and/or FBI investigation of the above parties be conducted. Many parents who have suffered from abuse by the San Diego family law system believe the evident conflicts of interests and appearance of corruption is enough to justify criminal investigations. The specter of judges acting to persecute political opponents is also not something that should be tolerated. Any judge who acts in this fashion should be prosecuted and forced out of office. Unfortunately, given the connections between the judges and the city attorney, district attorney, police, and sheriff, there is no reason for citizens to have any confidence that an objective investigation would be conducted by any law enforcement agency with ties to the local political/judicial structure.

Further Reading

Custom Search

CCFC Family Law Protest in San Diego Results in Arrest of Group Leader

Internet Evidence of Suspicious Timing of Court Awareness of CCFC Protest and Arrest Warrant For Group Leader

CCFC Protests San Diego Family Courts on April 15, 2010

Reader Feedback on San Diego Judge Lisa Schall

Why Is San Diego Judge Lisa Schall Still On The Bench?

Bill Gore Is Poor Choice For San Diego Sheriff

San Diego DA Bonnie Dumanis Attempts to Pervert Justice

San Diego Lawyer Jeffrey Fritz Increases Conflict and Costs

CCFC Family Court Reform Presentation in Del Mar, California

CCFC Press Release On Stephen Doyne Corruption/Fraud Case

Stephen Doyne and San Diego Family Law Courts Under Fire

Amicus Curiae brief filed for Emad Tadros v. Stephen Doyne

San Diego Courts Cover Up Missing Forms and Psych Evals

Unjust Delays in San Diego Family Law Courts

Eileen Lasher on San Diego CPS/Family Law Court Misconduct

Gender Polarization Impedes Family Law Reform

San Diego County Grand Jury Cites Further CPS Misconduct

  1. One of the witnesses for Cole
    May 3rd, 2010 at 14:21 | #1

    Yep, I was there protesting, this write-up is very accurate and fair. I can’t wait to stand witness and testify what I experienced there. I have completely lost trust with the Judiciary in San Diego, especially with Lorna Alksne. If you haven’t signed the petition to remove her then please do so, I found this one online…

  2. From Emad Tadros MD
    May 5th, 2010 at 11:02 | #2

    From Emad Tadros, M.D.

    I was contacted by Mr. Cole Stuart in 2009 when he made an inquiry about my Discovery of Doyne’s Crystal Clear Fraudulent Credentials and Fake and Misleading Specialty Diplomate(s). Cole was first shocked with the discovery magnitude of such a clever, gentle, and such a “SMOOTH” operating professional.

    Cole is very much the only attorney who really cared about this issue from his heart where he is solidly sincere about establishing proactive constructive change in our courts. Cole repeatedly emphasized that we need to approach San Diego courts in the most professional, respectful and constructive ways to our judges and court’s administration. Cole is the reason as to why the 4-15-10 protest was very professional and well respected by our local authorities.

    Cole spent much thought creating our ethical Credos outline for any and all evaluators who would intend to do anything with San Diego children and families. His sincere intention is to spread this state wide, hopefully soon. These Credos are well rounded to simply weed out fraud, deception, giving every professional a chance to function with integrity, wisdom and passion about child’s best interest. Cole’s credos sincerely prioritize families and children at heart and ARE foremost ahead of any court professional’s gain or greed that destroys families, by the so called “court professionals.” Cole and I clearly have the sincere, one way passion, to pursue this forwards and REGARDLESS.

    Cole is also the one who has been constantly encouraging CCFC to be as much respectful as possible of the other parent. When I told Cole that the “Dismantlers” encourage each parent fighting to take the child from the other parent; Cole stated: “I would never do this to my son, I want my son to be cared by his mother and loved equally by both parents. I want to make sure that our son is “healthy.”

    Please note that the blogs I have written earlier were influenced to a good degree by Cole’s input to me. His input is healthy, loving and constructive. His heart is in the right place and this man is extremely bright and sincere at heart. I have all the more respect to Cole who is clearly a good hearted professional. It was my pleasure to stand by him on the day of his fabricated and illegal arrest. This man is a blessing rescue to our values, really respects his wife, and never said anything negative about her. That should speak volumes of who this Cole is to start with.

    We are all proud of Cole and COLE IS NOW OUR HERO. To the fact that Cole’s values are well rooted and sincere we trust Cole and we will support him endlessly. We are confident that the truth will only grow and credentials’ fraud will just have to keep running with his tail between his legs.


    Stay Tuned for what took place at the CA state Capitol on 5-04-10. We will publish details of our CCFC presentation and results at the State Capitol on 5-3-10 and 5-4-10 soon.

    Emad Tadros, M.D.
    Board Certified, Diplomate American Board of Psychiatry and Neurology.

  3. Janette Isaacs
    May 22nd, 2010 at 07:23 | #3

    Thank you Angiemedia for writing this story. I am not at all surprised that this happened to Cole. Our corrupt family law judges work exclusively with many corrupt sheriffs assigned to each city in our state. They have reciprocal financial agreements and arrangements. This is why false arrests are so common in family law matters and related protests which remain “black out” topics on main stream media television. Quite frankly, it makes me want to vomit. Best of luck to Cole.

  4. Joanna Velky
    February 1st, 2011 at 16:11 | #4

    Lisa Guy Schall should be not in society. She started screaming at me “It was you”and I never spoke a word. My head was banged against the table by the Sherriffs Bailiff. The good ole boy system.

    I was in front of her in 1995 of a TRO with my ex husband spouse. The spouse made a death threat tape and I still have it, it was her not me. Guy Schall never heard me speak and accused me.


  5. one of thousands
    February 2nd, 2011 at 04:09 | #5

    Joanna–Judge Schall’s behavior is entirely inappropriate and inconsistent with judicial behavior rules, but sadly consistent with Judge Schall’s pattern of abuse of judicial power. I urge you to make a report to the CJP to Mr. Brett Batson, who is handling a number of pending complaints. You may obtain information about filing a complaint about Judge Schall (and any other judge) at the following web address:

    Best of luck to you and blessings to all.

  6. Joanna
    June 21st, 2011 at 01:12 | #6

    @ one of thousands
    I did and I got it she got reprimanded. I had my married name Joanna Slivka. It saddened me that this happens because it destroys kids. My mom suffered a stroke due to see her daughter behind bars before Christmas and the parent who abused them got them. My court case went on from 1995-2005 and I suffered emotionally now I have heart problems due to court dates every month for 10 years.

  7. One of Thousands
    November 24th, 2011 at 21:56 | #7

    I am so sorry Joanna. If CJP won’t handle your apparently very legitimate complaint then we will have to encourage other measures to resolve their ongoing tolerance for and encouragement of incompetence and tyranny in divorce court. There was once a man who said:

    “All tyranny needs to gain a foothold is for people of good conscience to remain silent.”

    Should be apparent that I prefer to bank in two dollar bills.

    Read more:

    Do not remain silent my sister. Your cause is serious.

    Best Holiday wishes to you and yours.


  8. Sandra Becton
    March 31st, 2012 at 23:26 | #8

    Because I am homeless two police had been harassing me for two months on March 20 I was in my tent at 5:00 am the police made me get out of my tent so that they could give me a ticket for illegal lodging. While I was waiting for the ticket I had an asthma attack. I asked the Police officer could I get my medicine that it was in my tent. The police officer said no wait until after he give me my ticket he made me turn over and sign the ticket and left before I could get my inhaler for my asthma attack. On March the same two police passed buy when I was getting my tent ready for the rain. They stopped one said Ms. Becton are you ready for me to take you to and he said the name of the Jail. I didn’t say anything. He gets out of the car comes over where I was tell me to get my stuff and go. I put my hand in my tent to take out my cart so that I could move my stuff. He said I know now that this is your stuff the next time I see you I am going to arrest you take your stuff and put you in jail. I said whatever the police man said did you say something else put your hands behind your back. He handcuffed me took my wig half off my head and put me into the police car. He took my tent, new cloth, new shoes, air mattress, air pump, and DVD movies. The stuff that he did not want he just left it on the side walk all scattered out. When they got me to the jail they he had handcuffed me in a way that my arms was out of the socket so when he took the handcuffs of I could not raise my arms up. He made me keep moving my arms till they popped back into the joint and made me put them on the wall in front of me. I kept telling him that my arms was hurting and that I could not lift them he made me lift them anyway.

  1. May 4th, 2010 at 19:55 | #1
  2. May 18th, 2010 at 19:12 | #2
  3. July 6th, 2010 at 07:07 | #3
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  10. December 14th, 2010 at 01:15 | #10
  11. March 16th, 2011 at 02:26 | #11
  12. November 29th, 2013 at 01:25 | #12
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  15. January 30th, 2014 at 21:49 | #15
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  18. February 16th, 2014 at 19:21 | #18
  19. April 29th, 2014 at 14:52 | #19
  20. June 19th, 2014 at 16:59 | #20

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