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Should Judges Schafer, Follett and CEO Linderman Be Behind Bars?

By Donna Westfall…

Wes Nunn at Del Norte Courthouse

Wes Nunn at Del Norte Courthouse

In an unprecedented turnaround in an eight-year-long-legal struggle, Wesley Nunn, has filed a Claim for $5 million with the Judicial Branch of the Government, and a request for an investigation against Judges Schafer, Follet, and CEO Sandra Linderman.

Quote by Wes, “Whenever I go out of this County I win.  Whenever I stay in this County I lose. It’s not just about losing.  It’s about creating their own laws to make sure I lose.”

The back-story according to Nunn.

  • Nunn says, “I lived with my girlfriend for four years before ending the relationship when her gambling became a problem. In order to have a clean break, I gave her one of the homes I owned with the stipulation and agreement that she would never come back against me for anything.
  • My ex-girlfriend, being the gambler that she was, took a chance that she could get more out of me by litigating the matter despite our agreement.
  • In the last eight years that I’ve been fighting this, twice as long as I spent living with my ex, I’ve discovered an inordinate amount of corruption in the Del Norte County Judicial System including being treated as a married man when in fact I never married the wretch.”

Wes Nunn is your normal average law abiding guy in his 50’s.  He never ever got involved in any civil litigation prior to being sued by his ex.  He never ever was accused of or defended against any criminal charges.

Although he owed his ex nothing, legally, contracturally or financially, his ex threatened him with a lawsuit unless Nunn granted certain real property to her daughter-in-law in which she had an informal partership.

Nunn thought at the time it was cheaper to give her a property than have to defend himself against a frivolous lawsuit. As it turned out, he couldn’t have been more wrong!

On June 15, 2004, he exchanged the grant deed for her signed release.

1 1/2 years later, she sued for fraud and Lee Marvin (palimony) related claims. She wanted to nullify the release and take two-thirds of Nunn’s personal assets.

As any normal, red-blooded, American man would do in this situation, Nunn served both his ex and her daughter-in-law with notice of rescission for failure of consideration and demanded return of the real property.

And, that’s when the judicial nightmare began.

You see, when the property was recorded, the ex put it into the daughter-in-laws name in order to deceive the court by misrepresenting that she ever received any property from Nunn.

But Nunn discovered that IRS filed a tax lien against his ex for over $58,000 that she was attempting to evade by hiding her ownership.

In the first round, April 6, 2009, Judge Schafer ruled in favor of Nunn.

AND THEN, Judge Schafer bestowed Fenswick with awards entitled only by marital/divorce law. For example Nunn says, “I agreed to sell her my car and she agreed to pay $6,000.  But she didn’t pay.”

What did Judge Schafer do? He told Nunn to give her the pink slip .

That’s not all.  Schafer refused to award Nunn on other causes admitted by his ex and proved at trial.

Nunn challenged Schafer.  Schafer became enraged, veins popping out of his forehead, and threatened Nunn with sanctions.

And then Schafer’s threats extended over to CEO Sandra Linderman’s department by creating unpleasant and unprofessional treatment of Nunn.  At one point, I was witness to such horrible treatment and while I rarely cuss or use bad language I admit saying Linderman acted like a B _ TCH. 

In a professional courthouse environment,  you can go to the clerks window, hand her a motion to file and the clerk will take it, stamp it and you’re done. Not In CEO Linderman’s case.  They will sit behind their window and argue with you as though they were the attorney, judge and jury and you a mere peasant or give you false information.

By 2011, Nunn filed a formal complaint against Schafer and he was disqualified.

Now comes Judge Follett, former law partners of Schafer and Bob Cochran.  For the next three years, Follett took up where Schafer left off and continued with his discriminatory conduct.  By 2014, Nunn filed a formal complaint and Follet was disqualified.

Something to know about Wes Nunn.  He is like a bull dog.  He is like an eel.  When he bites into something, he does not let go. Particularly when it comes to his constitutional rights.  It didn’t matter that he knew little about the law.  He learned the law spending day after day in the law library. Month after month, year after year he learned how the law worked and how the Judicial system didn’t work in Del Norte County. The more he learned, the more he discovered the local judiciary was making up their own law.   He learned until he was proficient enough to turn the tide. Usually that meant going outside this County and to Appeals Court.

Then former Judge Chris Doehle entered the picture. She designated Nunn as a vexatious litigant – someone who habitually or persistently engages in legal proceeding without having a legitimate claim- without a shred of evidence required by statute. It’s an absolute horror for someone on the vexatious litigant list trying to get justice in a corrupt judicial atmosphere.

Is there something that those three Judges have in common?  Is it that they’re all Democrats? Is the Democratic party poisoned in this town? Judge McElfresh, a Republican, appears to be the only local judge who has refused to go along with the corruptive practices.

Despite being disqualified, Shafer and Follett ignored the disqualification. Not Doehle.  She refused to be disqualified.

Working in concert, Schafer, Follet and CEO Linderman retaliated against Nunn. CEO Linderman cancelled Nunn’s new trial motion without any right or basis, while concealing from the hearing judge, Judge Darren McElfresh, that a properly noticed motion had been put on his regular law and motion calendar. 

January 30, 2015, I attended court with Nunn wherein Judge McElfresh showed surprise to learn that the motion that was to be heard was canceled without his knowledge or permission.

What happened next is unbelievable.

Judge McElfresh disqualified himself, but directed the matter to the Judicial Council for the assignment of a judge.

The very next business day, February 3rd, Schafer and CEO Linderman obstructed the order of McElfresh and cancelled his order, effectively blocking the order from reaching the Judicial Council.

This was done without Judge McElfresh’s knowledge or permission.

Is this the Wild West? How on earth does Judge Schafer and CEO Sandra Linderman have any authority to cancel Judge McElfresh’s orders?

Nunn wrote to CEO Linderman asking for clarification and wanting to know who cancelled the order. CEO Linderman declined to respond. As though ignoring Nunn would make it all go away.

He didn’t go away.

There were now two actions:  The rescission action and the malicious prosecution action.

No one was assigned to the rescission action because Schafer and Linderman blocked Judge McElfresh’s order.

A new Judge was assigned to his case. Judge Nichols who was to hear the malicious prosecution action.

On May 7th of this year,  visiting Judge Nichols from Santa Clara was assigned to Nunns case by Chief Justice Cantil-Sakauye. He recognized Judge Doehle’s non-compliance with the directions of the appelate court and ruled to NULLIFY her defiant ruling. Nichols also pronounced in favor of Nunn on his malicious prosecution claim. A claim that took five years, had been dismissed three times, forced into two appeals and finally allowed under Nichols who reached the correct legal ending BASED ON LAW AND EVIDENCE.

Eight years. Eight years to unravel how crooked and corrupt our local judicial system is. Eight years of learning, of frustration, and Nunn kept putting one foot in front of the other and didn’t give up. What Nunn has accomplished should affect every individual in this town.  Because once the Judicial Branch sinks their teeth into this legal abyss, one can only hope they strip those guilty of obliterating the law by taking away their ability to practice the law and head up the courthouse.

Is there something we’re missing.  Is there something that those three Judges have in common? Could there be a connection between his ex and the three Judges? It certainly looks like there’s a connection. Could there be some connection from when his ex was Chair of the Democratic Central Committee? Why else would his ex be treated substantially different than a common criminal when she acted like a common criminal?

No one is above the law. Should Schafer, Follett and Linderman be behind bars?

On June 29th, I emailed CEO Sandy Linderman if she had any comments about Nunn’s $5 million claim naming her. That was at 3:49 pm.  At 3:51 pm her response back to me was, “No.”

On June 29th, 4:01 pm, I emailed Jamie McCubbin, Judge Follett’s Judicial Assistant asking:

  • Did Judge Follett act in the adoption of a policy of discrimination and retaliation in regards to Wesley Nunn’s case(s)?
  • Does Judge Follett believe he is personally liable for any acts which may be determined to be in ultra vires?
    Would Judge Follett have any comments?

I’ve received no response so far.

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