I am the Plaintiff with an action of Unlimited Civil proceedings of Fraud filed against my ex bookkeeper in the Ventura County Superior Court. Case Number CIV241518 BARBARA LOVITT VS CARL WYKOFKA
My question concerns my rights from where my case stands. I have been provided a ruling on submitted matter and such has named me as the prevailing party in this action. Furthermore the minute order for such ruling indicated "This statement of tentative decision shall become the court's Statement of Decision unless objections
are received within the statutory period. Any party filing objections is directed to concurrently submit
proposed findings on any issue to which an objection is made."
My question is as follows:
The date of the above referenced was March 13, 2009. It is my understanding from my own research that the defendant legally has ten (10) business days from the ruling date to file his objection? The defendant did provide an objection however; such objection was filed three days after the 10-day period. Additionally, the defendant using a false last name and identity provided such filing.
To provide a brief history regarding the illegal use of surname: The defendant who was my ex bookkeeper of my business posed as my husband (statements made to the State of California Board of Equalization) and indicated he was taking over his "wife's" business. The Board of Equalization unfortunately did not follow their own rules and regulations and protocols and took him at face value and provided his ability to be awarded such as a result of having the correct business information when said request was made. Being the business bookkeeper this information was available to him. Once he was able to obtain said business through said manner, the ex bookkeeper then was able to provide documentation of business name and my deceased husbands surname to establish identity with the California Department Of Motor Vehicles, Social Security Administration as well as various banking institutes. This illegal use of said name has been addressed within this civil proceedings, however my attorney has not been able to get the judge to order he no longer use said surname. Additionally, it has been established by multiple means as well as documented within the courts transcripts and minutes that the defendant has openly admitted his actions and acknowledges that use of said surname was NOT requested nor provided through any legal manner nor channels.
As of close of business yesterday, April 25, 2009 there has been no communication of the judges decision regarding said filed objections made by the defendant, which were filed three days late and on March 30, 2009.
I would sincerely appreciate your thoughts on this situation and my rights. Unfortunately my attorney has been injured in an accident and has been unavailable to me at this point.
Thank you for your time and consideration in this matter.
Sincerely,
Barbara J. Lovitt
(805) 377-7023
My question concerns my rights from where my case stands. I have been provided a ruling on submitted matter and such has named me as the prevailing party in this action. Furthermore the minute order for such ruling indicated "This statement of tentative decision shall become the court's Statement of Decision unless objections
are received within the statutory period. Any party filing objections is directed to concurrently submit
proposed findings on any issue to which an objection is made."
My question is as follows:
The date of the above referenced was March 13, 2009. It is my understanding from my own research that the defendant legally has ten (10) business days from the ruling date to file his objection? The defendant did provide an objection however; such objection was filed three days after the 10-day period. Additionally, the defendant using a false last name and identity provided such filing.
To provide a brief history regarding the illegal use of surname: The defendant who was my ex bookkeeper of my business posed as my husband (statements made to the State of California Board of Equalization) and indicated he was taking over his "wife's" business. The Board of Equalization unfortunately did not follow their own rules and regulations and protocols and took him at face value and provided his ability to be awarded such as a result of having the correct business information when said request was made. Being the business bookkeeper this information was available to him. Once he was able to obtain said business through said manner, the ex bookkeeper then was able to provide documentation of business name and my deceased husbands surname to establish identity with the California Department Of Motor Vehicles, Social Security Administration as well as various banking institutes. This illegal use of said name has been addressed within this civil proceedings, however my attorney has not been able to get the judge to order he no longer use said surname. Additionally, it has been established by multiple means as well as documented within the courts transcripts and minutes that the defendant has openly admitted his actions and acknowledges that use of said surname was NOT requested nor provided through any legal manner nor channels.
As of close of business yesterday, April 25, 2009 there has been no communication of the judges decision regarding said filed objections made by the defendant, which were filed three days late and on March 30, 2009.
I would sincerely appreciate your thoughts on this situation and my rights. Unfortunately my attorney has been injured in an accident and has been unavailable to me at this point.
Thank you for your time and consideration in this matter.
Sincerely,
Barbara J. Lovitt
(805) 377-7023
