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Judge Richard G. Cline
San Diego North County Superior Court
San Diego North County Superior Court
Why This Website
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park
Elementary School
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park
Elementary School
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Judge Sharon Armstrong (also a
graduate of Catholic University)
graduate of Catholic University)
Constance Larsen
Vista Superior Court Judge Cline leaves problems behind in the
probate department
SHOULD ATTORNEYS THAT COMMIT FIDUCIARY ABUSE AND PERJURY BE ABOVE THE
LAW?
Jennifer Grant
January 19, 2013
In July 2011 a petition was filed to remove attorney Rusty Grant as trustee from the
Schwichtenberg Family Revocable Trust. Reasons included expenditures against trust terms,
incuding penalties for Rusty's failure to pay property taxes on time, failure to follow trust terms,
illegitimate takeover of two subsections of the trust which had become irrevocable prior to the
amendment which made Rusty trustee of the other subsection, and severe discrimination
against the trustor's daughter Jennifer who had served as her mom's personal assistant and
subsequently cared for her during her long battle with breast cancer.
Rusty Grant and Constance Larsen (Rusty’s own attorney, friend and officemate) had served
as co-vice-presidents of the North County Bar with the current president back in 2006. Judge
Cline made the majority of the decisions while the case was in Vista (when Vista court still had
a probate division), including one in violation of federal and state constitutional law. Judge
Cline had long standing bar ties with Richard MacGurn, the attorney of Jennifer's disgruntled
brother.. Additionally, Rusty was a pro-tem judge in Vista.
In September 2012, with the closure of Vista's probate division, the case was moved to San
Diego's Central division where it was inherited by Judge Jeffery Bostwick. Judge Bostwick is an
ethical and professional judge. However, most likely due to the huge number of Vista cases
dumped on him and the slow wheels of the justice system, he failed to grasp the urgency of
the matter before him. He left Rusty Grant and Constance Larsen to continue their reign of
fiduciary abuse, mispenditure of trust funds and violations of law unchecked, despite Jennifer
filing a motion to suspend the trustee until the court could hear the case. Judge Bostwick
denied the motion because it was “not urgent”.
How exactly, if Jennifer prevails, is all the misspent money supposed to get reimbursed?
In the meantime, there is no money available to pay the ongoing expenses of the trust
property, so it will likely be lost if there is no intervention before the case can go to trial. Since
Constance Larsen has illegally denied Jennifer the right to be in the property, it sits neglected
and further deteriorating.
When Jennifer sought help from the California state fiduciary abuse organization, she was told
that they could not touch attorneys though it sounded like Constance Larsen and Rusty Grant
had committed crimes. Was there any other category of fiduciary out of their jurisdiction? The
answer was “no”. So basically, they were saying if you are an attorney in California, you can
break the law with no repercussions.
Both attorneys were also reported to the State Bar. How much their own North County Bar
connections may have weighed in is unknown. However the complaint was closed. Jennifer
received a letter which basically stated that, while her complaint might have merit, that the Bar
could not get involved because there was a civil case in court.
The county DA was contacted but said a police report must first be filed. Since Constance
Larsen forbids Jennifer to be in the property left her, there is a pending issue with the police
as to who has jurisdiction to take the report.
In the latest incident, Constance Larsen tried to create a circumstance of double jeopardy by
filing an accounting petition which contained issues already under contest in the case's other
three petitions.
See pleading: Objections to Accounting Petition
Judge Cline allowed Rusty to conduct the forensic accounting ahead of trial on the contested
petition where the question of who should conduct the accounting was at issue. Constance
Larsen was blatantly trying to press her luck twice to get rid of the Remove Trustee petition
and get fees for herself and further ones for Rusty.
This was an attempt to violate Jennifer's constitutional right to due process (US constitutional
14th amendment and California Constitution Section I Article I) as it had been in the
circumstance with Cline.
Fortunately Judge Bostwick listened to Jennifer's due process argument on the Accounting
Petiton and thwarted Larsen by consolidating it with the three other pending petitions putting it
on the same civil justice snail track. However, if one takes a look at the objections he asked
Jennifer to file, one can get a small taste of what is being allowed to continue by the State Bar
as well as an overburdened, inefficient justice system here in San Diego. To top it off, as can
be seen from Jennifer's objections, and looking at the exhibits, Constance Larsen and Rusty
Grant have made false statements, committing perjury, when they signed their petitons. The
question remains, are attorneys above the law? If not, then how can they be held accountable
and by whom?
(Case # 37-2011-00150239-PR-TR-NC)
probate department
SHOULD ATTORNEYS THAT COMMIT FIDUCIARY ABUSE AND PERJURY BE ABOVE THE
LAW?
Jennifer Grant
January 19, 2013
In July 2011 a petition was filed to remove attorney Rusty Grant as trustee from the
Schwichtenberg Family Revocable Trust. Reasons included expenditures against trust terms,
incuding penalties for Rusty's failure to pay property taxes on time, failure to follow trust terms,
illegitimate takeover of two subsections of the trust which had become irrevocable prior to the
amendment which made Rusty trustee of the other subsection, and severe discrimination
against the trustor's daughter Jennifer who had served as her mom's personal assistant and
subsequently cared for her during her long battle with breast cancer.
Rusty Grant and Constance Larsen (Rusty’s own attorney, friend and officemate) had served
as co-vice-presidents of the North County Bar with the current president back in 2006. Judge
Cline made the majority of the decisions while the case was in Vista (when Vista court still had
a probate division), including one in violation of federal and state constitutional law. Judge
Cline had long standing bar ties with Richard MacGurn, the attorney of Jennifer's disgruntled
brother.. Additionally, Rusty was a pro-tem judge in Vista.
In September 2012, with the closure of Vista's probate division, the case was moved to San
Diego's Central division where it was inherited by Judge Jeffery Bostwick. Judge Bostwick is an
ethical and professional judge. However, most likely due to the huge number of Vista cases
dumped on him and the slow wheels of the justice system, he failed to grasp the urgency of
the matter before him. He left Rusty Grant and Constance Larsen to continue their reign of
fiduciary abuse, mispenditure of trust funds and violations of law unchecked, despite Jennifer
filing a motion to suspend the trustee until the court could hear the case. Judge Bostwick
denied the motion because it was “not urgent”.
How exactly, if Jennifer prevails, is all the misspent money supposed to get reimbursed?
In the meantime, there is no money available to pay the ongoing expenses of the trust
property, so it will likely be lost if there is no intervention before the case can go to trial. Since
Constance Larsen has illegally denied Jennifer the right to be in the property, it sits neglected
and further deteriorating.
When Jennifer sought help from the California state fiduciary abuse organization, she was told
that they could not touch attorneys though it sounded like Constance Larsen and Rusty Grant
had committed crimes. Was there any other category of fiduciary out of their jurisdiction? The
answer was “no”. So basically, they were saying if you are an attorney in California, you can
break the law with no repercussions.
Both attorneys were also reported to the State Bar. How much their own North County Bar
connections may have weighed in is unknown. However the complaint was closed. Jennifer
received a letter which basically stated that, while her complaint might have merit, that the Bar
could not get involved because there was a civil case in court.
The county DA was contacted but said a police report must first be filed. Since Constance
Larsen forbids Jennifer to be in the property left her, there is a pending issue with the police
as to who has jurisdiction to take the report.
In the latest incident, Constance Larsen tried to create a circumstance of double jeopardy by
filing an accounting petition which contained issues already under contest in the case's other
three petitions.
See pleading: Objections to Accounting Petition
Judge Cline allowed Rusty to conduct the forensic accounting ahead of trial on the contested
petition where the question of who should conduct the accounting was at issue. Constance
Larsen was blatantly trying to press her luck twice to get rid of the Remove Trustee petition
and get fees for herself and further ones for Rusty.
This was an attempt to violate Jennifer's constitutional right to due process (US constitutional
14th amendment and California Constitution Section I Article I) as it had been in the
circumstance with Cline.
Fortunately Judge Bostwick listened to Jennifer's due process argument on the Accounting
Petiton and thwarted Larsen by consolidating it with the three other pending petitions putting it
on the same civil justice snail track. However, if one takes a look at the objections he asked
Jennifer to file, one can get a small taste of what is being allowed to continue by the State Bar
as well as an overburdened, inefficient justice system here in San Diego. To top it off, as can
be seen from Jennifer's objections, and looking at the exhibits, Constance Larsen and Rusty
Grant have made false statements, committing perjury, when they signed their petitons. The
question remains, are attorneys above the law? If not, then how can they be held accountable
and by whom?
(Case # 37-2011-00150239-PR-TR-NC)
Judge Richard G. Cline,
moved to civil court from
probate in 2012
moved to civil court from
probate in 2012