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  • Kory & Rice LLP Letter To Stephen R. Gianelli - 11.26.12

    Transféré par

    Michelle L. Rice, Esq.
    656 vues4 pages
    Kory & Rice LLP Letter to Stephen R. Gianelli dated 11.26.12

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    Kory & Rice LLP Letter to Stephen R. Gianelli - 11.26.12

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    Kory & Rice LLP Letter to Stephen R. Gianelli dated 11.26.12

    Droits d'auteur :

    © All Rights Reserved
    Signaler comme contenu inapproprié
    656 vues4 pages

    Kory & Rice LLP Letter To Stephen R. Gianelli - 11.26.12

    Transféré par

    Michelle L. Rice, Esq.
    Kory & Rice LLP Letter to Stephen R. Gianelli dated 11.26.12

    Droits d'auteur :

    © All Rights Reserved
    Signaler comme contenu inapproprié
    sur 4
    Kory & RICE, LLP 19300 Wilshire Blvd. Suite 200, MecHELLE L. RCE Beverly Hills, CA 90212, USA 310-285 .1633, direct 310-285-1630, ext. 605 210-948-3081, mobile 310-278-7641, tex mrice@koryrics.com November 26, 2012 Via US. Mail and Electronic Mail ‘Stephen R. Gianelli, Esq. Law Office of Stephen R. Gianelli P.O, Box 475013 San Francisco, CA 94147 Re: Your E-mail Communications to Kelley Lynch Dear Stephen: Lam writing to request that you immediately remove my e-mail address from your electronic mail communications with Ms. Kelley Lynch. Thave received four (4) unsolicited e-mails today from your e-mail address stephengianelli@gmail.com addressed to Ms. Lynch Kelley.lynch.2010@xmail;com in which my business e-mail tnrice@koryrice.com is included in the “Ce:” line, 1 do not wish to be involved in your personal dispute with Ms. Lynch, If Ms. Lynch has been sending you harassing e-mail communications, l would urge you to seek your own protective order and not attempt to embroil me, a protected party, in your dispute with Ms. Lynch | attach a copy of the Criminal Protective Order (CPO) issued by Judge Robert Vanderet for my benefit on April 17, 2012 in Los Angeles Superior Cour, Criminal Case Number 2CA04539. As of today’s date, Ms. Lynch has ‘complied with the terms of my CPO and has not intentionally contacted me since the date of the CPO’s issuance. Ms. Lynch recently discovered that my email address had been included in the distribution list of @ fan’s email (0 her. When she inadvertently responded to all and noticed that she had also replied to me, Ms. Lynch subsequently requested that the fan remove my e-mail address from the distribution fist so that there would be no further inadvertent violations of my CPO. | have received no further e-mails from Ms. Lynch following this recent incident. As you know, Kory & Rice LLP represents Mr. Leonard Cohen. Your office has not been retained by Mr. Cohen or ‘our office to act on his or our behalf, and you are in no way authorized to act or speak on behalf of Mr. Cohen, Robert Kory, or me. I would also request that you discontinue your e-mail communications with Ms, Lynch and third partes in which you purport to speak for or act on the behalf of Mr. Cohen and/or Mr. Kory or myself. In one ‘of your e-mails to Ms. Lynch that I received today, you declare that Ms. Lynch has violated my CPO. As the protected party, itis my prerogative to report Ms. Lynch’s violations, if any, to the applicable authorities. 1 soresvey for your time, attention and cooperation inthis matter. Michelle Rfce, Esa, Ce: Robert Kory, Esa Enclosure: Criminal Protective Order for elle Rice issued April 17, 2012 Family Violence 2228 Hil Stee Los Angeles, CA 90012 (213) 485.2352 Tet (213) 867-8544 Fox CARMEN A. TRUTANICH Clty Attorney April 20, 2012 Michelle Rice 9300 Wilshire Bivd Beverly Hills, CA 90212 Defendant: Kelley Lynch Case No. 2CA04539 Dear Ms. Rice: ‘The above defendant has been charged with committing a crime(s) against you. Enclosed is a copy of a Protective Order issued in this case. The Order was issued for your protection. It lists a number of specific things that the judge has prohibited the Defendant from doing to you. Please read it and keep it, A copy of the Order has been given to the defendant, and a copy has been sent to the Los Angeles Police Department to be kept in their files. The Order is valid while the case is Pending. If the case is continued, we will ask the judge to extend it. Ifthe defendant is convicted and is placed on probation, we will ask the judge to extend it for the full probationary period. Ifthe defendant does anything to violate the Order, you should then report it to the Police immediately. Please refer to case number 2CA04539_ when speaking with the Police or a prosecutor, and, if possible, show them our copy of the Order. Ifyou have any questions please contact this Office. Thank you. Very truly yours, te Chien falar Supervising Attorney Family Violence Unit Family Violence Section, 222 N. Hill Stroot, 7 Floor, Les Angeles, CA 90012 Telephone: (213) 485-2352; Fax: (213) 847-8544 SUPERIOR COURT OF CALIFORNIA, COUNTY OF. { FOR COURT iY [stress sooness: 210) GO, pale ekeo “ va ar c20e: 0% fo 20. IOI rence SEE WH ey Hw eR Jalrg CRIMINAL Ase mone: (CLETS - CPO) (Pen. Code, §§ 138.2, 1203.097(a\2), 273.5(0, and 646.9(K)) Zt A. [PIKORDER UNDER PENAL CODE, § 136.2 [J mopiricaTion Lass) _| 12 \TION CONDITION ORDER (Pon. Code, § 1208.087) ORDER UNDER: (_] PENAL CODE, § 273.5) [_] PENAL CODE, § 646.9(K) 7s Orr aa ake Proesonce Ou Oey Gvtcoa Ore San ten Fae PEFSONTO RE RESTIABED formes ~ soel] mu CSKE a 5 c=: A) Rae a) Date oft: te oor gece chica Deport: Tonge 1. This proceeding was heard on (ao) fo dat Is stod, tis order expires three years from the date of issuance, with a oncom reese Proof of service of this order as \ 4. COMPLETE NAME OF EACH PROTECTED PERsON:_ A. 4 ‘5. [)For good cause shown, the court grants the protected persons named above the exclusive care, possession, and control of the folowing ani (GOOD CAUSE APPEARING, THE COURT ORDERS THAT THE ABOVE-NAMED DEFENDANT 6 mus! not harass, stike, threaten, assault (sexually or otherwise), folow, stalk, molest, destroy or damage personal or real property, ‘stub the peace, keep under surveillance, or bck movements ofthe protected persons named above. 7. must surrender to local law enforcement or sell to a licensed gun dealer any firearm owned or subject to his orher immediate possession or control within 24 hours after service of this oder and must file a receipt with the court showing ‘complisnce with thie order within 48 hours of receiving this order. 8. must not attempt to or actually prevent or dissuade any viclim or witness from attending a hearing or testifying or making a ‘report to any law enforcement agency oF person. ‘9, mus! take no action to obtain the addresses or locations of protected persons or thei family members, caretakers, or guardion good cause exists otherwise. [_] The court finds good cause not to make the order in item 9 10. £75, must have no personal, elecironic, telephonic, or written contact withthe protected persons named sbove.. 11. TES must have no contact withthe protagted persons named above through a third party, except an altorney of recor. 12, SEK must not come within yards ofthe protected persons and animals named above. 413. [J “may have peaceful contact with the protected persons named above only forthe safe exchange of children for court-ordered visitation as stated in the attached Family, Juvenile, or Probate court order in Case No. _ issued on. (dato; __"__ "as an exception tothe ‘no-contact” or “stay-away” provision n paragraph 10, 11, oF 12 of Ihis order. 14, [nay have peaceful contact withthe protected persons named above only forthe safe exchange of children for visitation 28 slated in @ Family, Juvenbe, of Probate court order fssuad after he dale this order is signed, as an oxception to the “no-contaet” or “stay-away’ provision in paragraph 10, 11, or 12 of this order. 16, () must not take, transfer, encumber, conceal, molest, alack, strike, threaten, harm, or otherwise dispose ofthe animals, Shecrbodin prearagh 8 16, [=e protects persons may made by he restrained pecgon. 1. eres ne ore DOD NVA. VIA, 2b THURS + om: V3] 202 (8S pee lS) acne — semen ST ey = CR MESTIC VIOLENCE (CLETS -CPO) "yuo g/t ae he a 17 (a2), 273.54i), and 646.9(k).) ‘OOS, 273. 4) “Dette: gal fe anes coy lana 26 prose 1 coy ow afoot) CR 160 01.09 Ne 3, cR-160 WARNINGS AND NOTICES: |. Except as provided in this paragraph, this order takes precedence over any conflicting protective order, visitation ‘order, or any other court order ifthe protected person is a victim of domestic violence under Penal Code section 13700. However, this order does not take precedence if (1) there is @ more restrictive Emergency Protective Order (form EPO-001) restraining and protecting the same parties as in tis order, or (2) box 13 oF 14 has been checked ‘on page 1 of this order. (Pen. Code, § 136.2(6)(2),) VIOLATION OF THE ORDER 1S SUBJECT TO CRIMINAL PROSECUTION. Violation ofthis protective order may ‘be punished as a misdemeanor, a felony, of a contémpt of court. Taking or concealing a chil in violation of this ‘order may be a felony and punishable by confinement in state prison, a fine, or both. Traveling across state or tribal ‘boundaries withthe Intent o violate the order may be punishable es a federal offense under the Violence Against Women Act, 18 U.S.C. § 2261(a\1) (1994). NOTICE REGARDING FIREARMS. subject to a protective order is prohibited from ownin possessing, purchesing or atempang fo purcises: racoling of atonipling Coocalve or covoraiee a firearm, Such conduct ls subject to @ $1,000 fine and imprisonment. ‘The person subject to theee orders ‘must relinquish any firearms and not own of possees any frearme during the period of thé protective Corder. Under federal law, the issltince of a protective ordet after hearing will generally prohibit the restrained Person from owning, accepting, transporting, or possessing firearms of ammunition. A violation of this Prohibition Is a separate federal crime, (Pen. Code, §138.2(¢)) J. ENFORCING THIS ORDER IN CALIFORNIA + This order must be enforced in California by any law enforcement agency that has received the order or is shown a copy of the order or has veri is existence on the California Law Enforcement Telecommunicalions Systom (CLETS). + Law enforcement must determine whether the restrained person had notice of the order. If notice cannot be verified, law enforcement must advise the restrained person ofthe terms ofthe order and, i the restrained person fails to comply, must enforce it. (Fam. Code, § 6383.) ‘CERTIFICATE OF COMPLIANCE WITH VIOLENCE AGAINST WOMEN ACT (VAWA). This protective order ‘meets all Full Feith and Credit requirements of the Violence Against Women Act, 18 U.S.C. § 2266 (1994), This court has jurisdiction over the parties and the subject matter, and the restrained person has been afforded notice and @ timely opportunity to be heard as provided by the laws of this jurisdiction. This order is valid and entitled to ‘enforcement in.each jurisdiction throughout the 50 United States, the District of Columbia, all ribal ands, and all USS. territories, and shall be enforced as ifit were an order ofthat Jurisdiction, EFFECTIVE DATE AND EXPIRATION DATE OF ORDERS + These orders are effective as of the date they were signed by a judicial officer. + These orders expire as explained in item 2 on the reverse. + Orders under Penal Code section 196.2 are valid as long as the court has Jurisdiction over the case. They are not valid after imposition of a state prison commitment. (See People v. Stone (2004) 123 CalApp.th 153.) + Orders under Penal Code section 1203.097 are probationary orders and the court has jurisdiction as long as the

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