Posted at 03:05 PM in corruption in Riverside County, Sheriff, District Attorney, Judge Mike Rushton, Daima Calhoun, DA victim Advocate Riverside County, drag racing, In Riverside if you have right friends you can get away with murder, Nye Frank built race cars, audio of Phil Reddish stating how to cover up homicide of Nye Frank, Nye Frank built race cars, audio of Phil Reddish stating how to cover up homicide of Nye Frank, Phil Reddish states Brian Floyd help in homicide coverup, politics, privacy rights, DA not allowed immunity | Permalink | Comments (0) | TrackBack (0)
Civ. C. 3294 Fraud, malice or oppression
Fraud- Constructive fraud Constructive fraud exist in any breach of duty which without an actually fraudulent intent, gains advantage to the person in fault, or one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claim in under him, Civ C 1573
Elderly or Frail Vitim in tort or contraact actions for financial abuse in actions for physicaal abuse or neglect.
Commission of aa tort or breach of contract. Financial abuse may be based on totious conduct or perhpas on duties arising out of a contract. For this reason legal principles relating to elderly or frail victims in tort or contract. There are two general categories of fiduciary relationship. One arises from the relationship of the parties and the law assigns fiduciary duties in those cases or deems that relationship to be a fiduciary relationship. Deemed fiduciary relationship that the law deems to be fiduciary. The relationship fiduciary owes a duty to utmost good faith as a matter of law. Cal.Jur.3d Fraud and Deceit 11. If the defendant stands in one of these relationships with the victim, the age, infirmity or diminished capacity, ext In shor the vulnerability of the victim -is not the essential to establishing a fiduciary relationship
Example of this was when I called NOVA the national organization for victims and asked how we could get the autopsy and sheriff report. They insisted that the victim advocate should be handling that for us. They would not do anything untill they spoke to Kim and had her handle it.
DA Victim Advocate-Fiduciary Duty-Essential elements of a confidential relationship: Generally the essence of a confidential relationship depends on whether the plaintiff actual reposed trust and confidence in the other, and whether the other accepted such trust and confidence.
1. the vulnerability of one party to the other which, 2 results in the empowerment of the stronger party by the weaker which 3 empowerment has been solicited or accepted by the stronger party and 4 prevents the weaker party from effectively protecting itself.
Test -Was the victim vulnerable, would she have ability without victim advocate to be effective in getting help and dealing with the sheriff and DA. Was she obligated to report the misconduct?
The report of the issue of lost income and no restitution, along with the disclosure of high cost medical issue with chronic health condition. Kim knowing that Lee Frank should have received medical and Counseling , along with elder death review. The loss of income was significant
Neglect
Posted at 07:52 AM in corruption in Riverside County, Sheriff, District Attorney, Judge Mike Rushton, Daima Calhoun, DA victim Advocate Riverside County, drag racing, In Riverside if you have right friends you can get away with murder, Nye Frank built race cars, audio of Phil Reddish stating how to cover up homicide of Nye Frank | Permalink | Comments (0) | TrackBack (0)
Technorati Tags: CARE, crime victims, Daima Calhoun, District Attorney, elder, Frank, Homicide, Inland Empire, Lee Breedlove, Mike Rushton, Norco High, Nye Frank, off road, Pacheco, Racing, Riverside County DA, Supervisors, Victims Advocate
http://feeds.technorati.com/blogs/nyefrank.typepad.com?reactions&page=3Technorati blogs on Nye Frank Racing Nye Frank, technorati blogs following
Posted at 09:26 PM in corruption in Riverside County, Sheriff, District Attorney, Judge Mike Rushton, Daima Calhoun | Permalink | Comments (0) | TrackBack (0)
Technorati Tags: cover up, Da, Death penalty, elder, homicide, Norco High, nye frank, politics, racing, racing, republicans, Riverside County, Rod Pacheco, Score, wrestling
Posted at 03:56 AM in corruption in Riverside County, Sheriff, District Attorney, Judge Mike Rushton, Daima Calhoun | Permalink | Comments (0) | TrackBack (0)
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Posted at 12:47 PM in corruption in Riverside County, Sheriff, District Attorney, Judge Mike Rushton, Daima Calhoun | Permalink | Comments (0) | TrackBack (0)
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Posted at 06:34 AM in corruption in Riverside County, Sheriff, District Attorney, Judge Mike Rushton, Daima Calhoun | Permalink | Comments (0) | TrackBack (0)
Technorati Tags: Baja, civil rights, Corruption, DA, Drag racing, Elder law, employees, goverment, Mickey Thompson, Nye Frank, Off Road, ol boys club, Racing, Riverside County, Sheriff, Victims rights
Posted at 03:28 PM in corruption in Riverside County, Sheriff, District Attorney, Judge Mike Rushton, Daima Calhoun | Permalink | Comments (0) | TrackBack (0)
Technorati Tags: 92220, Advocacy, Banning CA, Benoit, Coroner, County, court, DA, DA Riverside County, Elder, Elder victim Advocate, Elders, FBI, Fire Department, Fraud, Grand Jury, Homicide, investigation, Judge, Judge, Mike Rushton, Public, Sheriff, YouTube
THE ROLE OF VICTIM ADVOCATES IN ENSURING THAT CRIME VICTIMS RECEIVE THEIR RIGHTS
Riverside District Attorney Office told family of Elder Nye Frank 68 years old that Riverside County did not have a Elder Victim Advocate. Then same time Riverside County DA Rod Pacheco gets a National Award for Elder Advocacy.
How much more does the public have to endure to have the corruption stop? Where is there justice for Nye and Lee Frank who are both over 65. Where is adult protective services? Why did the sheriff victims service admin. refuse to give help Mr. Dimaggio??? Victim advocate Kim Emmerling lying and not reporting the crimes in the DA office. Mike Rushton appointed to Judge after denying victims rights. No where for victims to turn in Riverside County for help. The Frank family wants justice and help. Attorney General Rubber stamped a denial of help.
Posted at 02:48 PM in corruption in Riverside County, Sheriff, District Attorney, Judge Mike Rushton, Daima Calhoun | Permalink | Comments (0) | TrackBack (0)
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Posted at 02:34 PM in corruption in Riverside County, Sheriff, District Attorney, Judge Mike Rushton, Daima Calhoun | Permalink | Comments (0) | TrackBack (0)
Technorati Tags: County, Court, DA Fraud, District Attorney, Elder victim, FBI, Goverment Controller, homicide, murder, Prosecutor, protection, Protection of Public, Riverside County, Rod Pacheco, Sheriff, Victim fraud, Victims funds, Victims Rights