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Case: 16-80180, 05/01/2017, ID: 10418622, DktEntry: 12, Page 1 of 6

Susan Bassi
Bassi Publishing
P.O. Box 2220
Los Gatos , CA 95031 R F (F V F D
Cell: 831-320-6421 Email: gilroybassi@gmail.com i . .,, ;,, k r;~
L.

MAY 1201?
April 29, 2017 US Mail FILED
DOCKETED
Commissioner Shaw D.TE iNITIAI
U.S. Court of Appeal
Ninth Circuit
95 Seventh Street
San Francisco, CA 94103
Re: Comment on Judicial Intervention - Court Transcripts
In Re PatriciaJ. Barry Case #16-80180

Dear Commissioner Shaw,

I would like to thank you for the patience and the kindness you demonstrated on April 11, 2017
during the hearing involving Patricia Barry. I would also like to thank your court staff, they were
without exception the most professional and competent I have ever personally observed in any
California courtroom. It was also clear they were highly skilled at putting emotionally involved
witnesses at ease.

I have had a long five year experience in Santa Clara County's Family Court and my observations
in your court restored my faith that there are fair judges who will listen to the facts and treat
witnesses and parties with respect. This has not been my experience with judges in California's
Family Courts.

Next, I wanted to provide you with information that might assist you with issues you specifically
raised during Ms. Barry's hearing.

During that hearing I recall you questioned Ms. Barry with respect to her effort to timely secure a
court transcript from one of the hearings related to her State Bar discipline action. I heard Ms.
Barry's response to you and realized that one might imagine it seemed to lack credibility if one were
to assume our system is functioning as designed.

I believe my own personal and professional experiences related to Santa Clara County court
reporters and Public Information Officers might provide you additional insight on this issue.

Over the past five years I have had the experience that the Santa Clara County court has exhibited a
number of records and media request irregularities, inconsistent with California Rules of Court. That
has resulted in a number of admisntrative complaints as I sought to gather information for my
publishing business in order to disseminate information to the public.

In my own personal dissolution case in Santa Clara County, I experienced a number of irregularities
with regard to court reporters and transcripts as early as 2014.
Case: 16-80180, 05/01/2017, ID: 10418622, DktEntry: 12, Page 2 of 6

On several occasions the court reporters regularly assigned to judge Mary Ann Grilli, Ms. Stephanie
Estes, and to Judge Towery, Ms. Kris Tresidder, failed to timely provide me with invoices or paid
transcript copies so that I could timely address Findings and Orders of hearings presented by
opposing counsel, Brad Baugh. As orders in my case were made, and as I mostly acted pro per, I
was disadvantaged by this process, having no formal education or training in the law, and being
denied a copy of the transcript as orders in my dissolution action were made final. Both Ms.
Treidder and Ms. Estes have refused to inform me as to if and when Mr. Baugh ordered transcripts
as lie drafted orders in my case, an issue that impacts the actual costs of which I am to be charged as
a matter of law under California's Business and Professions Code.

Additionally, I was often waiting months for transcripts Iliad requested as an expedited service, for
which I had paid a premium cost. Mr. Baugh on the other hand, appeared to have transcripts as
early as four days after a hearing.

Mr. Baugh regularly refused to let me see transcripts during hearings, which both Judge Grilh and
Judge Towery allowed to continue for nearly five years of a dissolution matter, and as I often didn't
have die money to pay for transcripts , or a lawyer, in my case.

I filed administrative complaints with the court supervisors, the court presiding judges; Patricia
Lucas, and Rise Jones Pichon, and I additionally filed complains with the court CEOs David
Yamaski and Rebecca Fleming, all of which repeatedly appear to have been filed in vain.

As my family court declared me vexatious during my dissolution matter, administrative complaints


were the only remedy available to me in my dissolution case. Judge Towery frequently referred to
my complaints as "threats", in a manner that not only sought to chill my right to lodge
administrative complaints, but in what I believe demonstrates bias and embroilment on the part of
Judge Towery that has caused me to be prejudiced in my dissolution matter. That is an issue
currently being addressed in the Sixth District Court of Appeal.

On March 16, 2017, with a cash $50 payment, and a hand written note to Ms. Tresidder, I ordered
a transcript where Judge James Towery had made formal "on record" comments that I found to be
embarrassing, degrading and evidencing his bias toward me both as a litigant and as a member of the
media. I intended to use that transcript for both a complaint to the Commission on Judicial
Performance, and to file a second motion to disqualify judge Towery.

Ms. Tresidder did not respond to my request for a copy of the transcript for nearly a month, and I
was forced to continue to proceed in hearings before Judge Towery, unable to properly draft my
complaint to the CJP, or my statement of disqualification.

I sent complaints to the county presiding judge, Patricia Lucas, and the Court CEO, Rebecca
Fleming, again, all in vain, as neither Judge Lucas, or Ms. Fleming responded to my complaints.
Case: 16-80180, 05/01/2017, ID: 10418622, DktEntry: 12, Page 3 of 6

On Friday, April 14, 2017, at 8:06AM, James Towery sent an email to HIS COURT REPORTER.
It appears a copy was inadvertently sent to me as it read:

" Kris: Please talk to me before you respond to Ms. Bassi.

Judge James Towery


Santa Clara County Superior Court
Department 77
Family Justice Center Court
(408) 792-4220 "

I can think of no possible legitimate reason for Judge Towery to send such email to a court
reporter as I attempted to obtain a transcript from a hearing before him.

You can imagine how I , as a litigant, and my attorney perceive this email. Further, as a member of
the media, I am sure you can understand that I find this email certainly does nothing to uphold
public trust and confidence in our judiciary.

The April 14, 2017 email of Judge James Towery also serves to support Ms. Barry's claims as to the
stonewalling Ms. Barry reported she has experienced as she tried to obtain a transcript of her hearing
before Judge Bergeron on Defendant Montalvo's Motions to Compel on July 24, 2013, in San
Mateo County. I understand the court reporter did not even respond to her request for die
transcript. Ms. Barry informed me she followed the instructions on the San Mateo website for
purchasing a court reporter transcript.

I therefore submit this letter in support of Ms. Barry's statements and to illustrate for you the reality
litigants often face in their efforts to obtain transcripts from court reporters in family law matters,
California Rules of Court and Business and Professions Code notwithstanding.

Should you wish to review additional information in my filed related to this matter, I will be happy
to forward it to you.

Sincerely,

Susan Bassi
Publisher
Bassi Productions, LLC
P.O. Box 2220
Los Gatos, CA 95031 /(831)320-6421

Attachment: Email from Judge James Towery dated April 14, 2017

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CC: Patricia Barry
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Case: 16-80180, 05/01/2017, ID: 10418622, DktEntry: 12, Page 4 of 6

NI Gmail Susan Bassi <gilroybassi@gmail.com>

Re: Here is 3/16/17 Marriage of Bassi Invoice


1 message

James Towery <JTowery@scscourt.org> Fri, Apr 14, 2017 at 8:06 AM


To: Susan Bassi <gilroybassi@gmail.com>

Kris: Please talk to me before you respond to Ms. Bassi.

Judge James Towery

Santa Clara County Superior Court

Department 77

Family Justice Center Court

408-792-4220

From: Susan Bassi <gilroybassi@gmail.com>


Sent: Thursday, April 13, 2017 11:04:26 PM
To: Kristi Tresidder; Lisa Herrick; Patricia Lucas; James Towery; baughlaw@ix.netcom.com; Robert
Tennant; Robert Bassi; Rebecca Fleming
Subject: Re: Here is 3/16/17 Marriage of Bassi Invoice

Thank you for your reply . Please let me know when you will be delivering the 3-16-2017 transcript and
please remember my request was to include the statement Judge Towery made when court was called
into session that day and Judge Towery specifically mentioned me when he addressed the courtroom
that day.

You did not answer my questions about Mr. Baugh and the transcript orders in my case, or explain the
policy where you faxed the transcript to Mr. Tennant when Mr Tennant was not fully in my case, from
the 11-18-2015 hearing.

I will look forward to your response .

Susan Bassi

On Thu, Apr 13, 2017 at 10:03 PM, Kristi Tresidder < ktreport2@yahoo.com> wrote:
I have received your deposit of $144.

I was not the Court Reporter for 4/7/17. You need to Request that transcript online at
scscourt.org; Online Services; Reporter Transcripts.

And, no, I have not received gifts from Mr. Baugh.


Case: 16-80180, 05/01/2017, ID: 10418622, DktEntry: 12, Page 5 of 6

Thank you,
Kris Tresidder, CSR, RPR
Court Reporter for Judge James E. Towery
Santa Clara County Superior Court
Department 77 - Family Justice Center
408-792-4225

On Thursday, April 13, 2017 5:07 PM, Susan Bassi <gilroybassi@gmail.com> wrote:

Ms. Tresidder ,

I sent $144.00 to you via pay pal today, please confirm you have received it . The payment was for the
$22 you claimed I owed and $120 to expedite the 3-16-2017 transcript. Though I must say I find a
number of irregularities in your business practices , for example can you please explain to me why it
took a month for you to quote the cost when I had given you $50 cash that very day and asked for the
copy. I paid your higher requested fee, but believe it is an excessive cost and fee, given your delay.

Also you may recall that following a 11-18-2015 hearing before Judge Towery , where I was not
present, you faxed a copy of that transcript to Mr. Tennant, though Mr. Tennant did not return as my
lawyer until December 3, 2015. Do you always make it a practice to send transcripts that are not
requested to people who are not formally in the case ?

Also your invoice states an address, that is incorrect. Can you tell me how you determined that
address? Please use my PO Box. I am requesting the transcripts be provided to me by email.

And one last time, I would like to know which hearings in my case Mr. Baugh, or Mr. Bassi, ordered
transcripts for. When those were ordered and what cost they were invoiced and when they paid those
invoices and how much they paid. And when you provided the transcripts. Also, can you please tell me
if Mr. Baugh, or his staff, have ever provided you with any gifts, cash payments or donations to
charities of your choice?

Just to make sure there are no issues related to exparte commucnaitons, Judge Towery is included in
this email , as is Mr. Baugh, we wouldn't want any one to think there was expare commucnaitons in
this case, or that court transcriptionists in Judge Towery's courtroom were treating one side more
favorably than another, because as we are all aware, that would be a violation of the Business and
Professions Code.

This is also my request for a price quote for the April 7, 2017 transcript , and please let me know if
you have already provided that to Mr. Baugh, and what his costs were.

Susan Bassi
P.O. Box 2220
Los Gatos, CA 95031
(831)320-6421

On Thu, Apr 13, 2017 at 12:52 PM, Kristi Tresidder <ktreport2@yahoo.com> wrote:
For any transcripts that you need, please let me know the date of them.
Case: 16-80180, 05/01/2017, ID: 10418622, DktEntry: 12, Page 6 of 6

Thank you,
Kris Tresidder, CSR, RPR
Court Reporter for Judge James E. Towery
Santa Clara County Superior Court
Department 77 - Family Justice Center
408-792-4225