Class Action Lawsuit being prepared to file this month

If you're a volunteer class action lawsuit coordinator for your state, start a thread here and in the message area for your state. We need fifty coordinators... one for each state. If there's already one for your state you can volunteer to help or just post that you want your case considered for inclusion in the lawsuit.

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BarristernCalifornia
Posts: 1
Joined: Sun Jun 05, 2011 1:43 pm

Class Action Lawsuit being prepared to file this month

Postby BarristernCalifornia » Sun Jun 05, 2011 1:55 pm

Good afternoon to all,

I am assisting three parents, (7 more possibly) to file a class action law suit in the USDC for the Central District of California. The lies and deceit have now spread from the cws workers to the lawyers and now the doctors too. We actually have one doctor listed in a 300 petition that either does not exist or is not licensed to practice medicine in California. The judge in one particular case is so blanant that she is telling a parent that they need to get into programing for drugs as she has grant monies that need to be spent and the program is ONLY so big.
Anyway, I am looking for parents who have had their child taken (don't care if they gave them back) in the last three years from ANY part of California. Please email me at [email protected] as we are attempting to file it this month June 2011. If you would like a copy of the draft Complaint I am more than willing to send it via email to you. Thanks for any help that you may render.

Paul

hope513
Posts: 2
Joined: Thu Jun 16, 2011 9:29 pm

Re: Class Action Lawsuit being prepared to file this month

Postby hope513 » Thu Jun 16, 2011 9:57 pm

Hi. My 15 year old step-daughter has severe cerebral palsy. My husband's brother and his wife had guardianship of her since she was 4. His wife passed away a few years ago and my brother-in-law kept caring for her. Even though me and my husband can now offer her a good home, we didn't want to take Emily away as that is the only home she has known. In January, on her birthday, she was removed from the home of her uncle. He states the allegations against him are not true. And CPS will not release her to us because they put an allegation on my husband that he "knew or should have known". (this is in San Bernardino, CA and we live in Colorado.) The court ordered that once they had tested my step-daughter for physical and sexual abuse my brother-in-law could see her. Once they finally tested her they said the results were inconclusive and wanted to test her again. But they told my brother-in-law that if he gave up his guardianship they would drop all charges and let him see Emily. He did that in order to see her and to prevent her from having to go through the trauma of being retested. So now it is up to my husband and his ex-wife to try to get custody but they are not making it easy. To make matters worse, we know that Emily's mother is extremely unstable and it would be very dangerous to her if she went home with her mom. But we are not in a position now to fight her mother because my husband's court appointed attorney tricked him into signing over his right to a trial by telling him that Emily's mom was not going to fight for her and all he had to do was take parenting classes, get counseling for any anger he might have toward's his brother for allegedly mistreating his daughter, and get cpr certified. She said it was resolved and all he had to do was initial and sign away his right to a trial since it was resolved and did not need a trial. We learned later that his ex-wife's attorney told her the same thing. We went back home to Colorado to complete the tasks they gave us. We took a parenting class that lasted 7 weeks long and my husband has been to counseling once a week. And now CPS is using the fact that we haven't been able to visit Emily against us!! I don't know how they can expect us to be in 2 places at once! So, next month we are putting our lives on hold to go to California and stay in a motel where we can get a monthly rate until this is resolved. I have had to leave my job and when school starts, my son will have to go to an online virtual school. He is such a trooper. When I talked to him about it his face just fell at the thought of leaving his friends but told me it would be ok because he understands. Bless his heart. But I am so afraid that no matter what we do CPS is going to try to keep her where she is at. And she has fallen into a depression. The ladies at the home she is in told us at one point she did not eat for days. Everything is so complicated and not knowing the outcome is so hard. We are not so much interested in suing at this point as we are finding someone to tell us what to do to bring Emily home. If joining a class action helps, so be it. But I'm afraid that might make it worse. Please help.

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LindaJM
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Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
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Re: Class Action Lawsuit being prepared to file this month

Postby LindaJM » Fri Jun 17, 2011 10:16 am

I am moving this message to the Class Actions section of this message board. Also copying to the California section.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

joanpiersen
Posts: 2
Joined: Fri Jul 29, 2011 2:34 am

Info re Murrieta, California; Judge Rushton, or Med Marijuan

Postby joanpiersen » Fri Jul 29, 2011 3:02 am

I am seeking any information about people's experiences in Riverside County's Southwest Justice Center with
Judge Rushton, or related to the legal use of medical marijuana by parents in DPSS/CPS cases.
Are you a parent who was required to stop using legal medical marijuana even though your use of marijuana had no nexus/connection with the reason your child was detained?
Were you seriously ill or in pain and still required to give up your right to use marijuana?
What happened?
How did Judge Rushton treat you?
Were you appointed an attorney and how did the attorney treat you?
All information needed for potential formal complaint re administration of justice issues. Thanks!

got2bsure
Posts: 1
Joined: Thu Jan 05, 2012 5:08 pm

Re: Class Action Lawsuit being prepared to file this month

Postby got2bsure » Thu Jan 05, 2012 5:26 pm

hope513 wrote:Hi. My 15 year old step-daughter has severe cerebral palsy. My husband's brother and his wife had guardianship of her since she was 4. His wife passed away a few years ago and my brother-in-law kept caring for her. Even though me and my husband can now offer her a good home, we didn't want to take Emily away as that is the only home she has known. In January, on her birthday, she was removed from the home of her uncle. He states the allegations against him are not true. And CPS will not release her to us because they put an allegation on my husband that he "knew or should have known". (this is in San Bernardino, CA and we live in Colorado.) The court ordered that once they had tested my step-daughter for physical and sexual abuse my brother-in-law could see her. Once they finally tested her they said the results were inconclusive and wanted to test her again. But they told my brother-in-law that if he gave up his guardianship they would drop all charges and let him see Emily. He did that in order to see her and to prevent her from having to go through the trauma of being retested. So now it is up to my husband and his ex-wife to try to get custody but they are not making it easy. To make matters worse, we know that Emily's mother is extremely unstable and it would be very dangerous to her if she went home with her mom. But we are not in a position now to fight her mother because my husband's court appointed attorney tricked him into signing over his right to a trial by telling him that Emily's mom was not going to fight for her and all he had to do was take parenting classes, get counseling for any anger he might have toward's his brother for allegedly mistreating his daughter, and get cpr certified. She said it was resolved and all he had to do was initial and sign away his right to a trial since it was resolved and did not need a trial. We learned later that his ex-wife's attorney told her the same thing. We went back home to Colorado to complete the tasks they gave us. We took a parenting class that lasted 7 weeks long and my husband has been to counseling once a week. And now CPS is using the fact that we haven't been able to visit Emily against us!! I don't know how they can expect us to be in 2 places at once! So, next month we are putting our lives on hold to go to California and stay in a motel where we can get a monthly rate until this is resolved. I have had to leave my job and when school starts, my son will have to go to an online virtual school. He is such a trooper. When I talked to him about it his face just fell at the thought of leaving his friends but told me it would be ok because he understands. Bless his heart. But I am so afraid that no matter what we do CPS is going to try to keep her where she is at. And she has fallen into a depression. The ladies at the home she is in told us at one point she did not eat for days. Everything is so complicated and not knowing the outcome is so hard. We are not so much interested in suing at this point as we are finding someone to tell us what to do to bring Emily home. If joining a class action helps, so be it. But I'm afraid that might make it worse. Please help.

hello I live in san bernardino county and my mother has been a foster parent for almost 25 years and the girls she has in her home have been with her for years. Let me tell you something about san bernardino social workers and cps dealings. DO NOT TRUST THEM. one of my moms girls had a grandfather who lived in Georgia and he wanted custody of his grand daughter well cps told him to do all kinds of things including flying down to california every month for supervised visits which I was supervising he continued to do as them asked for 6 months and after spending alot of time with the grandfather and his grand daughter i though the child should be with the birth family since they also had the childs brother well after all he did to prove himself and having a back ground check done and passing they denied him his grand daughter and to this day he wants to sue. please san bernardino county social workers are constantly under investigation they dont give a crap about these kids trust me. they have even filed false allegations about my mother that we fought and even hired an attorney but lost the case. now my mother can only care for the 2 that she has gardianship of. I have seen cps do this to birth family members over and over again if you want to talk to me my number is 9094968784 my name is kim call me if you like. thank you and i will pray that everything goes well for you

Meiha123
Posts: 5
Joined: Wed Feb 29, 2012 8:00 pm

Re: Class Action Lawsuit being prepared to file this month

Postby Meiha123 » Wed Mar 07, 2012 8:33 pm

I wrote your agency a message on your guest board and was hoping once you accepted my registration I would see answers or suggestions I am new and cannot find a reply to my post???

I live in California Northern California and have a huge problem with the County of Monterey CPS they have abuse their authorities I wanted to be a part of the Class Action in California but it looks like that is in Southern California also curious as this looks old what ever happened to that Class action. I am the Mother and Grandmother to those involved in my personal hell.... I adovated for my unborn grandchild before he was born as my daughter was using illegal drugs I called CPS as I thought it was child endangerment but was informed it was not until the Baby was born and then could report it, I went to local law enforcement told them what she was doing same thing nothing they could do called CASA same thing nothing they could do....


The minute my Grandson was born they got involved and treated my daughter like dirt.... We had a meeting with them I attended as I was willing to step up and take my grandson why my daughter got the help she needed.... I attempted to explain to them the journey I had been on to help and was told to shut up or I would be kicked out of the room some of the nursing staff were making false allegations too I was with my daughter and can attest to the truth on my daughters behalf which I would only do if I was there witnessing it because of my daughters history.... Long story short they CPS DEEMED ME NOT level headed to care for my grandson and put him in emergency foster care which has been heart wrenching for us to say the least.... Back in 12/15/11 I took my story to my local news and they aired it in an effort to try to create a law where it would be considered child endangerment so we could prevent unborn loved ones from being harmed CPS WOULD HELP LAW ENFORCEMENT WOULDNT' HELP SO I aired our story have already been to the capital too my local assemblymen and they look at me like I am stupid this system is so backwards why not intervention prevention etc., instead of waiting until the damage is done to the child they are a hypocrisy in their own mission.... They have treated me rudly and didn't meet one iota of their so called mission statement I feel that they have way too much authority and abuse it.... I am a federal employee for eleven years and would be fired if I ever treated a sick or disable person the way they have treated me ever our agency or the one I work for prides itself on public service and qaulity customer care we are trained to diminish to the Public "THAT WE ARE THE GOVERNMENT" now I see why this state agency has torn our family further apart....

The same agency CPS about two months ago had one of their own workers arrested for child porn served 30 days and released but it wasn't blown up on the local news they are humans just like all of us they are not God and I feel there really needs to be an oversite committee looking into this agency and how they practice because from our experience unless I absolutely thougth there was no other way to help a endangered child I would never call this agency the other thing that puzzles me is there is something missing to all of this if there so eager to adopt these children out instead of keeping them with a family as their mission statement says there must be some underlying reason and I think it is $$$$$$$$$$$$$

Please help guide us in California and I would love to help you in your mission too.

Thank you Kathrine

Meiha123
Posts: 5
Joined: Wed Feb 29, 2012 8:00 pm

Re: Class Action Lawsuit being prepared to file this month

Postby Meiha123 » Wed Mar 07, 2012 8:34 pm

Meiha123 wrote:I wrote your agency a message on your guest board and was hoping once you accepted my registration I would see answers or suggestions I am new and cannot find a reply to my post???

I live in California Northern California and have a huge problem with the County of Monterey CPS they have abuse their authorities I wanted to be a part of the Class Action in California but it looks like that is in Southern California also curious as this looks old what ever happened to that Class action. I am the Mother and Grandmother to those involved in my personal hell.... I adovated for my unborn grandchild before he was born as my daughter was using illegal drugs I called CPS as I thought it was child endangerment but was informed it was not until the Baby was born and then could report it, I went to local law enforcement told them what she was doing same thing nothing they could do called CASA same thing nothing they could do....


The minute my Grandson was born they got involved and treated my daughter like dirt.... We had a meeting with them I attended as I was willing to step up and take my grandson why my daughter got the help she needed.... I attempted to explain to them the journey I had been on to help and was told to shut up or I would be kicked out of the room some of the nursing staff were making false allegations too I was with my daughter and can attest to the truth on my daughters behalf which I would only do if I was there witnessing it because of my daughters history.... Long story short they CPS DEEMED ME NOT level headed to care for my grandson and put him in emergency foster care which has been heart wrenching for us to say the least.... Back in 12/15/11 I took my story to my local news and they aired it in an effort to try to create a law where it would be considered child endangerment so we could prevent unborn loved ones from being harmed CPS WOULD HELP LAW ENFORCEMENT WOULDNT' HELP SO I aired our story have already been to the capital too my local assemblymen and they look at me like I am stupid this system is so backwards why not intervention prevention etc., instead of waiting until the damage is done to the child they are a hypocrisy in their own mission.... They have treated me rudly and didn't meet one iota of their so called mission statement I feel that they have way too much authority and abuse it.... I am a federal employee for eleven years and would be fired if I ever treated a sick or disable person the way they have treated me ever our agency or the one I work for prides itself on public service and qaulity customer care we are trained to diminish to the Public "THAT WE ARE THE GOVERNMENT" now I see why this state agency has torn our family further apart....

The same agency CPS about two months ago had one of their own workers arrested for child porn served 30 days and released but it wasn't blown up on the local news they are humans just like all of us they are not God and I feel there really needs to be an oversite committee looking into this agency and how they practice because from our experience unless I absolutely thougth there was no other way to help a endangered child I would never call this agency the other thing that puzzles me is there is something missing to all of this if there so eager to adopt these children out instead of keeping them with a family as their mission statement says there must be some underlying reason and I think it is $$$$$$$$$$$$$

Please help guide us in California and I would love to help you in your mission too.

Thank you Kathrine

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Class Action Lawsuit being prepared to file this month

Postby Eljay » Thu Mar 08, 2012 7:37 am

Meiha... I would hire a lawyer to sue the police for negligence. You told them that your daughter was using illegal drugs and they did nothing? And an unborn child was victimized in the process? Wow.

It's true that CPS cannot/could not do anything... they only have legal control over children, not adults.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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Meiha123
Posts: 5
Joined: Wed Feb 29, 2012 8:00 pm

Re: Class Action Lawsuit being prepared to file this month

Postby Meiha123 » Sat Mar 10, 2012 8:26 pm

Eljay wrote:Meiha... I would hire a lawyer to sue the police for negligence. You told them that your daughter was using illegal drugs and they did nothing? And an unborn child was victimized in the process? Wow.

It's true that CPS cannot/could not do anything... they only have legal control over children, not adults.



I requested a consultation with a firm on this board he called back said he would go get them but 25k upfront sorry I have about lost my mind over all of this chronically ill.... It is insane at its finest I have eleven years fed emply no criminal background not even a ticket either and they wouldn't let me have him cps should be sued too and there is no law to protect the unborn that Is why I am hoping to bring light into the laws need to be change and stop CPS see if we did something before the baby is born they wouldn't have cause to step in unless the mother wasn't working her program we need prevention/intervention and the Quote about the Truth Duh but lets change it so sick of noone really getting a grip on how backwards many laws are...... I wont' stop writing about this and really appreciate someone that can do something grab onto this I thought that is what fightcps.com was all about read something about a class action in California for CPS but noone from the Admin ever replies...
:?

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Eljay
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Re: Class Action Lawsuit being prepared to file this month

Postby Eljay » Sun Mar 11, 2012 8:00 am

Meiha123 wrote:.. I wont' stop writing about this and really appreciate someone that can do something grab onto this I thought that is what fightcps.com was all about read something about a class action in California for CPS but noone from the Admin ever replies...
:?


I'm sorry you got the wrong impression about what "fightcps.com" volunteers do. We are not lawyers and do not file lawsuits. We are parents who have been victims of the system and want to help others who are in the same situation by providing the information and support needed to help others fight for their rights. "Admins" on this site are just here to ensure that nobody is posting porn, making sure conversations are keep civil, help with technical issues, things like that.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Meiha123
Posts: 5
Joined: Wed Feb 29, 2012 8:00 pm

Re: Class Action Lawsuit being prepared to file this month

Postby Meiha123 » Sun Mar 11, 2012 9:22 am

No I didn't get the wrong impression of the site but did see things about a Class Action in California and wanted to learn more about that it is posted on this site there are also lawyers on your site for referrels which I called one I fully understand the mission of your site but there are resources I have found on this site and not hearing anything back on those topics.... We have been victimized by CPS in fact currently going through it and we need this kind of support further I would hope it is also your mission to stop them in abusing their authority as a group I am sure we could get petitions going to change the way that agency works.

Thank you!

Kathrine

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: Class Action Lawsuit being prepared to file this month

Postby Eljay » Sun Mar 11, 2012 10:44 am

Meiha123 wrote:No I didn't get the wrong impression of the site but did see things about a Class Action in California and wanted to learn more about that it is posted on this site


This is a public forum so anybody can post anything and nobody is obligated to respond to any particular post. Also, while there are a fair amount of posts made on this site about "class action" lawsuits, the uniqueness of each family's case makes it difficult to lump them into classes for the purpose of lawsuits. It's far more common to have a class of children who have been neglected at the hands of CPS, wherein they had an obligation to care but failed to (i.e. consistently NOT visiting a child, even though court ordered once-a-month visits and the child ended up dead; or placing them in group homes where they are denied medical care or a safe environment).

Meiha123 wrote: there are also lawyers on your site for referrels which I called one


On the forums, lawyers are rare. I haven't seen a post from an (acknowledged) attorney in over a year. People sometimes recommend the lawyers they used or names of lawyers they've heard will fight CPS, but the lawyers just don't hang out on this site. We've seen some people posting links to an attorney referral service but have discourage and/or deleted said posts because there were suspicions that they were profiting from them and you can't really refer a referral service, KWIM? You can refer a specific lawyer, but it's the equivalent of asking for a referral to a dentist and being told 'call 1-800 dentist' which isn't a referral, but a referral service.


Meiha123 wrote: I fully understand the mission of your site but there are resources I have found on this site and not hearing anything back on those topics.... We have been victimized by CPS in fact currently going through it and we need this kind of support further I would hope it is also your mission to stop them in abusing their authority as a group I am sure we could get petitions going to change the way that agency works.


The de facto "mission" from the fightcps.com home page is as follows:
FightCPS is intended to help people learn enough about the law to be able to successfully defend themselves and their families against false accusations using legal documents and strategies that put parents in a stronger position when they go back to court.


There *ARE* groups that are proactive in attempting to change the laws & practices that have allowed CPS to become the monster it is. Whether it's petitions, activism, politics, etc., there are groups out there, such as:
http://parentalrights.org/
http://www.nccprblog.org/
http://familyrights.us/ which was instrumental in creating: http://www.overruledmovie.com/

So, while people on this site may ALSO partake in activism towards change and reform, the main purpose of the site is educating parents in their battles, not fighting the CPS war.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

Meiha123
Posts: 5
Joined: Wed Feb 29, 2012 8:00 pm

Re: Class Action Lawsuit being prepared to file this month

Postby Meiha123 » Sun Mar 11, 2012 5:04 pm

Thank you for the last reply very helpful, I read the mission statement I was referring to the site itself I think in the Right margin there is a link find a lawyer and there is an old post about a class action on this class action post so I sent a private message to that person as maybe they know more I also was lead to sign a petition on this site so somethings are a little confusing but I hear you and thank you for addressing my issues and guiding me it is appreciated I am going more for the Juggler they are an agency that needs to be investigated for ABUSE OF AUTHORITY in my eyes should be able to file a Whistleblower I am on a mission for reform as there are some cases where I am sure CPS needed to step in but I really question the POWER THEY HAVE!!!


Thank you!

Kathrine

Jojo2
Posts: 23
Joined: Fri Mar 30, 2012 6:38 pm

Re: Class Action Lawsuit being prepared to file this month

Postby Jojo2 » Tue Apr 24, 2012 7:57 pm

If there are any lawsuits that I can be apart of please let me in on shoving it back at them. I'm in the bay area. In the fine state of California. We have to unite. I was thinking about the reason that this horrible injustice has happened to my family. What did I ever do to warrant this loss. Ive come to the conclusion that maby I almoner of the chosen to change things by creating a stink and exposing the corruption. So please I want them to stop the abuse of American families.

FreedomNow
Posts: 59
Joined: Sun Feb 10, 2013 9:29 pm

Re: Class Action Lawsuit being prepared to file this month

Postby FreedomNow » Tue Mar 12, 2013 4:28 pm

any updates on this enterprise for California?

I love my home state, but from time spent I also so love California! great memories there, great state (well, when they're not acting tyrannical/silly, that is... which hey, I guess goes for all states...)

...anyway would love to lend some assistance.


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