( THE STATE BAR OF CALIFORNIA CALIFORNIA ATTORNEY COMPLAINT FORM Read instructions before filling in this form. Please mailto: Office of Chief Trial Counsel / Intake Dept., State Bar of California 845 South Figueroa Street, Los Angeles, California 90017-2515 (1) Your contact information: Your name: herd Godor Your address: _/O AL ny Your city, state & zipcode: Stn Dregoy, C40_ G24 lp 5 Your email address: Lead Sarton OLS” SO peal. com Your telephone numbers: Home 614 - 431-84 B Work — (2) Attorney's contact information: Please provide the name, address and telephone number of the attorney(s) you are complaining about. (NOTE: If you are complaining about more than one attorney, please use a separate form or include on a separate sheet for each attorney the information requested in items #2 through #7.) Attomey'sname: Kenia A, Pols Attomey’s adcress: ABS R 2 taf Di yy Ca B70) Attorney's city, state & zip code: Ye. org CA w70/ Attorney's telephone number: GIG 955 SIe/ Attorney's California bar license number: 1YC@ a3 (3) Have you or a are family complained to the State Bar about this attorney Cell previously? Yes) No (4) Did you employ the attorney? Yes No() If "Yes," give the approximate date you employed the attorney and the amount, if any, paid to,the attorney. Date employes: Of/ LQ) Amount paid (any)$ (57 009 If “No,” what is your connection with the attorney(s)? Explain briefly.bral, MEMORANDUM To: California State Bar Association From: Leah Gordon Date: December 24, 2017 Subject: Attachment to Complaint regarding attorneys Timothy N. Smith, Ed Appibaum, and Kevin Polis Kevin Polis was retained to assist me in getting custody. He assured me that he would get these medical records from my son's forensic exam, but he never did, and prevented another attorney from doing so while continuing to “stall” and bill us. My complaint is forall of these attorneys that conspired and defrauded us, and as the attachments shows in words in red from Kevin Polis - “I have decided we will xxx" and “you must listen to my advice,” this attorney did not do what | asked and appeared to be for the benefit of the other party. ‘Suppression of Evidence of child abuse reports is proven in this email, as is Mr. ‘Applbaum’s response of persuading me I have to join them. Kevin Polis advised the violation of the law (withholding evidence) and did not just support the adverse interest of mine or my mother’s, it appears they are one and the same and Mr. Polis just charged us for keeping us in the dark about everything. Mr. Polis refused to get a change of venue when | asked him. He never got medical records, which was the reason | hired him. | believe that he did more damage to my case than | am even aware at this point; please review the correspondence highlighted in the attached pages for specific insertions of his own will upon the case over my own insistent pleas to get medical records. | think Mr. Polis and Mr. Smith should lose their licences, they have no moral compass and do not know the law nor care to. Thank you for your time and attention to this matter of reviewing this complaint for adherence to ethical and business standards of conduct. Singerely, LK Leah Y. Gofdon‘COMPLAINT TO STATE BAR RE: POLIS, SMITH, APPLBAUM 2017-1228, LEAH GORDON 4423/1) 10. i. January 02, 2014: Initial meeting after which I retained Kevin Polis to represent me in Family Court during a custody battle. January 03, 2014: I emailed to Kevin Polis the Hospital ER report which discussed the ligature marks that my son said we're from Daddy choking him and other statements about being abused by his father. I stressed the urgency of obtaining medical records from my son’s visit to Rady Children’s hospital's Chadwick Center on September 2nd 2013 for a forensic medical exam for suspected sexual abuse. January 13, 2014: I told Kevin Polis, “Dad is medically negligent, neglectful, and - they eed to get away from him asap. Would you let me know when we can discuss status? Those Sept, Rady\Chadwick medical reports are very significant to get, as you know,” January 17, 2014: I provided to Kevin Polis via email a list of my previous attorneys in Juvenile dependency and family court and the specific ways each had failed to protect my children, January 20, 2014: Semi-retired family law attorney Ed Applbaum is hired as a consultant to help with the case, and the obtaining of the medical records. Kevin Polis replied to me, “I think the constant reporting will be badly looked upon by the corts (sic).”" March 20, 2014: Kevin Polis denies my wish to seek a change of venue due to bias at the El Cajon Court, saying; “I have decided itis not in your favor to go ex parte to transfer the venue to downtown If it is not granted then the judge is pissed off. We don't want that.” March 23, 2014: I sent Kevin Polis an email with codes that seemed to indicate that we were in the wrong Court location and that jurisdiction had changed and El Cajon was no longer the proper Court. I suggested a change of venue, and Kevin Polis replied: "As your lawyer I have advised against it, Your mother's lawyer advised against it, and at some point you need to listen to my advice”, April 03, 2014: 1 informed Kevin Polis via email about a possible interview with a local reporter from KGTV draw attention to the broken family courts and to my children’s court-sanctioned abuse. Kevin Polis’ response: “I have advised you again and again to hold off on the accusations regarding the abuse as you know this is why you lost custody.” On April 03, 2014: I emailed Kevin polis an assignment he's requested in which I was to list 15 incidents of child abuse and asked him about the status of our request to do a change of venue to get us out of the corrupt East County Court. Kevin Polis replied, “We talked and agreed was not changing location and requesting continuance. I’m on vacation.”‘COMPLAINT TO STATE BAR RE: POLIS, SMITH, APPLBAUM 2017-1226 LEAH cone fe 12. 34, 35. 36. 37. = L772 April 11, 2014: When I again mentioned the abuse of my children and the itemized list of 15 incidents, Kevin Polis replied “Leah as discussed we are not going to mention that because it’s not relevant to the case at issue right now.” April 12, 2014: I received an email from Kevin Polis entitled, “This accidentally went to Leah... Crap”. Kevin Polis wrote: “Ed , Don't get those reports until thus case is concluded Tim and I have repeatedly told client that if she mentions child abuse to FCS or in court she will lose the move away ‘She does not understand its not relevant to the move away Tim went nuts on her trying to get her to understand this T scheduled an ex parte for last Tuesday and was successful in continuing the move away to a date not yet known Trying to stall this as long as possible ‘The opposing counsel rubbed the judge wrong way by claiming res judicata ‘And using big legal words He is younger and seems inexperienced We have they going for us We retained Dr robert Simon Tim is respected good and well liked We have this in our favor We also have some ok facts Dad is only letting client see kids at minimum We have these things on our side Gient is her worst enemy Move away is very specific as to legal principles we have to over come We can't do this if client fucks it up for herself Even after Tim and I went off on her as calmly as we could after court in the hallway for 30 min she continues to send us child molest info about kids and dad She is ruining this She is not taking our advice Plus she is not paying the bills her mom is Convey this to her She can take up any child molest stuff after we do the move away T need to speak to her therapist to convey this so they can work on that in her therapy April 13, 2014: I wrote Kevin Polis, sayit is stunned me and I keep reading it to see what went wrong. Tim lied to me yesterday, said he had the report and it "didn't say what I thought it was going to say". He swore he had this report. He's full of crap. T've been swindled by so many attorneys I can see when something's not right. OH well. But you threatened to quit my case so I have to do what you say even if I don't agree with it. So, yeah, I'm on board. Apni| 13, 2024: 1 wrote again to Kevin Polis, saying was at the courthouse - not(COMPLAINT TO STATE BAR RE: POLIS, SMITH, APPLBAUM 2017-12.28 LEAH GORDON, 42. 43. 45. 1gPY/ J yesterday - at the courthouse Tim swore he had "seen" my son's report. And then you made me a pinkie promise,” referring to his promise to get the medical records for me. April 13, 2014: Again, to Mr. Polis I wrote: “Also you say I "keep sending you info about the molest" but YOU ASKED ME TO! You asked me for specific things, including 15 Omes my children disclosed and I was not presentinvolved. You also asked me for a witness lst. ‘Why do you make me sound CRAZY for sending you this stuff - as you requested it? NOTE - I did what you asked me to do and I have NOT SENT TIM anything for at least a month. So, why paint me out to be some crazy kook person who is randomly sending ‘you stuff about my children's abuse?Please at least clarify that. What changed? I am very confused. April 13, 2014: Kevin Polis replied, “That was before Tim Ed and I discussed how to handle the case . Call me tomorrow if u want clarification. FYI no one lied to you and I told you he may have been confused as to what report he had . If he has the one u want ill get it for u.” ‘September 14, 2014: I emailed Kevin Polis saying: "Please obtain those Medical Records that you pinkie promised me. They are CRITICAL and great lengths have been gone to by others to prevent their discovery. NOW is the time. I hope you got that from the letter I sent you from jail. ‘September 15, 2014: Kevin Polis filed a motion to be relieved as my attorney, tells me that he has, “I have done all I can, I filed a witness list for you, I filed a points and authorities for you, I fled (sic) your response to the upcoming RFO, I cananot acquire the doctor notes as you requested as you have no legal custody.”* * CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) CA FAMILY CODE 3025. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and schoo! records, shall not be denied to a parent because that arent is not the child’s custodial parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)M1 Gmail Re: Case Management/Counsel Liason for Family Court leahgordon7 Thu, Jan 23, 2014 at 11:13 AM ‘To: Edward A Applba Hi Ed, my moms computer went down and today shes at the hospital - nothing too serious i believe. Anyway i wanted to just reiterate that she intends to get u back on retainer to supervise/coordinate this case. | saw Kevin yesterday and apparently the hearing was a montenegro hearing and so we have to produce New Evidenc € in 4 weeks otherwise I will lose my kids. He said he would call you. Im going to compile ail the evidence i have.. battery dying... Tak to u later — Original message — From: Edward A Applba Date: 1/20/2014 8:03 PM To: Leah Gordon; Subject:Re: Case Management /Counsel Liason for Family Court Yes | will help anyway | can without stepping on anyone's toes. | tried to reach Tim today but he was out. I'm sure Kevin will explain his strategy and all he is doing to me. Not sure with Tim. He is highly competent a d experienced but he likely plays it close to the vest. However I do think he will talk to me ‘Sent from my iPhone ‘On Jan 20, 2014, at 6:59 PM, Leah Gordon wrote: Hello Ed, ‘Would you be available to coordinate efforts between Tim and Kevin, acting as liason and ensuring that all areas are covered and no efforts being duplicated? ‘Tim and Kevin are both excellent and skilled attomeys, and | believe Kevin will obtain a minor's attorney. | think it would be helpful to have someone doing a Team Strategy plan, who knows all the information and can ensure all bases are being covered. For instance, Kevin is meeting with us next week "to go ex parte and ask for order not to leave sd". He ‘says we "need to file a motion to transfer (to SD court out of east county), maybe minors counsel and ‘custody visitation for sure". This is from his text. ‘Would you be able to participate via speakerphone, so you are aware of the legal machinations that are Sign of an beeing worked (or would this be offensive to Kevin in any way? I was in a corporate culture for awhile, incompetent where there were project managers, etc. and collaboration. ‘Then there is the abuse. ‘There are official files with my children’s disclosures to therapists, to the social wor reports that were ignored. ‘Yesterday, the visitation monitor (the private one we have to pay) asks 1e Said her daughter only gets those when she hasn't ha enough sleep. Also, Noah's hands ike they had been dragged over concrete or but happened and he was evasive and vague. attorney aid hospital ‘There is SO MUCH about the abuse, 7t¥é Rady ER Records, the Chadwick records, Police records, afraid that just orie attomey will not have the bandwidth to compile this fully enough to have them removed due to the abuse. Am I being anxious for nothing? tps:#meil google comimelVuth/17him17d8zdk?&qrkevinspaletweraretavteamameg= 4300B56IeSS09038ihn=143CDNGGISGSSOETESE=AIKXSE... 1/512122017 Gmall- Re: JUVENILE DEPENDENCY CASE CLOSED TODAY / PHYSICAL SIGNS OF ABUSE YESTERDAY AT SUPERVISED VISIT M1 Gmail Ms. Gordon Wed, Jul 2, 2014 at 3:34 PM Reply-To: leahgordon7@gmail.com ‘To: Edward A Appiba Hello Ed and Kevin, Se oe CPS IMPROPERLY SEALED NOAH'S ‘Yes, we are very focused now on getting the kids and keeping them from = IEDICAL RECORDS. leaving the state. Kevin will be meeting with us this week. | am still flabbergasted at IN THE ABSENCE OF ACTUAL been for Tim Smith reminding them about the legal course of action necessary. That was something to behold. ‘Judge Bubis is a corrupt judge. That is why when he had a “family “emergency” he pushed our whole case back until he could come back and rule on it. When | notified him of Pablo's ignoring my case for 2 ‘months before trial and couldn't reach him, he didn't give a hoot or ‘even mention it. Pablo was begging me in the courthouse to recant my allegations. 1 ‘mean he was writhing around and pointing his finger and everything. It was BIZARRE! When our children are safely home and situated, YES we will be looking to fle suit against the Agency, and we will definitely need help with that BIG IMPORTANT NOTE: KEVIN PLEASE READ: Yesterday, the visitation monitor (the private one we have to pay) ‘asked if Kaya’s eyes always had dark circles - she said her daughter conly gets those when she hasn't had enough sleep. Also, Noah's hands looked lke they had been dragged over concrete or burns - | asked in front of the monitor how it happened and he was evasive, He said he did it himself. Carpet Bums he said. | KNOW it is abuse, BUT NOW ‘THAT CPS is involved, HOW DO | REPORT THIS? Can the monitor make @ statement, testy, WHAT CAN I do? There are now physical signs of ‘abuse, and | have a witness who doesn't have a dog in this fight. | ‘am heartbroken that this has become everyday life for Noah - any ‘suggestions on how | can get this noticed? He's being hurt. Bath of them are suffering. ALSO, to medical negligence, the kids are CONSTANTLY sick. | have ‘several very complimentary Visitation Monitor notes from New Altermatives, and in most of them itis noted thatthe children are sick, STILL, Noah has a painful ear infection. Bob takes them to the YMCA 4-5 times a week to swim WHILE THEY ARE SICK. They leave there late (during my evening phone call at 7:30pm, stop to get fast food (| have Bob's Mint spending profiles where Fast Food and Restaurants are his biggest expenses besides HEALTH AND FITNESS (GYM hitps:ial. google. conmallwOMh5i592542qhd/74.qepois tin the 46"636049ee5f1b&ser=AIKOXS7BZ‘XSBISEOgpOOSS21D-ITALAGBV=plEe=q 14‘21072017 {Gmall- Re: Leah sign and retum ASAP f K Ms. Gordon # M1 Gmail athgordog7@gmil. com> = 1a) Re: Leah sign and return ASAP Leah Gordon ‘Sun, Sep 14, 2014 at 6:48 PM Reply-To: leahgordon7@amail.com To: Kevin Polis Ce: "Dorothy Gordon (dorothygordon2008@hotmail.com)* Hello Kevin, | was just released this moming, and am staying at my mother’s home Until KIVA has a bed available, |lunderstand that you spoke with Joe Bulkowski, the Child Abuse detective. | would lke to speak with you about that when you are available to do so. | am intent on providing evidence for a full investigation into our case. Please obtain those Medical Records that you pinkie promised me. They are CRITICAL and great lengths have been gone to by others to prevent their discovery. NOWis the time. I hope you got that from the letter I sent you from jal ‘Thank you for all you have done on my behalf and | willbe calling you early this Week about these matters. ‘Very Best Regards, Leah Gordon (On 8/26/14, Kevin Polis wrote: > lam stil the attomey of record as the court has not yet relieved me > Therefore I have a duty to stil represent you > Please sign these and return to me for fling and service > Regards, > Kevin A. Pols, Esq. > Attomey at Law > 1540 Sith Avenue > San Diego, CA 92101 > (619) 238-0581 Direct > (619) 238-0588-tel:%428619%29%C2%A0%20546-6060> Fax > Email: kpolis@kevinpolsiaw.com > This message is intended only for the use of the individual(s) to whom itis > addressed and may contain confidential information belonging to Kevin A. > Polis Attorney at Law or the intended recipient which is protected by > attomey-client privilege. This information is intended only for the use of > the individual or entity named above. If you are not the intended > recipient, you are hereby notified thatthe reading, disclosure, copying, > distribution or the taking of any action in reliance on the contents of this > information is strictly prohibited and may violate applicable laws including > the Electronic Communications Privacy Act. If you have received this > transmission in error, please safeguard the materials and immediately notify > us by telephone (collect if appropriate) to arrange for retum of the > documents. Thank you very much for your attention to this matter. /htps:ima google.commailwoih/183teS88qog%0/7q=pols+medical-ecordsimsg=1487SlecSab382eB8ith=14876lecS¢b30Z08Aser=AIKCXSAnyYuh.. 2Gon -Re Eating: Stasi dic bs | PR M™ Gmail Re: Emailing: 15 Instances of child disclosure of abuse.rtf Ms. Gordon Kevin Polis To: Leah Gordon Leah As discussed we're not going to mention that because it's not relevant to the case at issue right now Regards, Kevin A. Polis, Esq. Attomey at Law 1540 Sixth Avenue ‘San Diego, CA 92101 (619) 238-0581 Direct (619) 238-0588 Fax Email: kpolis@kevinpolisiaw.com ‘This message is intended only for the use of the individuals) to whom itis addressed and may contain confidential information belonging to Kevin A. Polis Attomey at Law or the intended recipient which is protected by attorney-client privilege. This information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that the reading, disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited and may violate applicable laws including the Electronic Communications Privacy Act. if you have received this transmission in error, please safeguard the materials and immediately notify us by telephone (collect if appropriate) to arrange for return of the documents. Thank you very much for your attention to this matter. (On Apr 11, 2014, at 8:21 PM, "Leah Gordon” wrote: HERE ARE 15 TIMES MY CHILDREN DISCLOSED to someone other than me, as requested. Leah ‘Your message is ready to be sent with the following file or link attachments: 15 Instances of child disclosure of abuse.rtf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled “When we run into problems and trials... they help us learn to endure. ‘And endurance develops strength of character, helping us to trust God more each time.” ~ Romans 5:3-4 (NLT) file). TEREALLY RIGmi9620-9620Re :20€ mailing. 962015%20Instances*200420child9420disclosure%4200%20ubs. rf hlf2017-12-27 12:46:17 PMIrzirar017 ‘Gmail - Re: TRO for Noah denied by Commissioner Darlene White day pio to his placement with Dad M1 Gmail Ws. ee Re: TRO for Noah denied by Commissioner Darlene White day prior to his placement with Dad 1 message Kevin Polis Mon, Jan 20, 2014 at 11:59 AM HE DID NOT EVER DO ANYTHING OR REPORT BACK ON OUTCOME To: "" wrote: > When we met, you had asked me if | had filed a restraining order to > keep Noah from going to his Fathers’ as | knew he was in danger. > I DID, the DAY before he was supposed to go | went to the East Cty. > Courthouse and filed a TRO for Noah, citing why | had just cause to > believe my son would be in danger. (April, May of 2012). | filed it > and waited 3 hours and at 5 pm it came back, DENIED by “*Darlene > AT THE HEARING on Friday, when Tim Smith stopped Judge Bubis from > approving the Move Order, Judge Bubis said to Bob's attomey, "That's > OK, we can get this rushed through, I'l contact Commissioner White, > she is FAMILIAR with this case." > Tim Could corroborate this, however I'm not sure ifit means anything, > Leah > On 1/19/14, Kevin Polis wrote: >> We need to meet early next week >> Need to go ex parte and ask for order not to leave SD >> We need to file motion to transfer maybe >> minors counsel and custody visitation for sure >> Regards, tps: google comimaifulhézSpispsra86-8q=polsttims&th=143b ScadfBet7ser=AIKcXSSISDEZQBEFB7AN FOIANabAbWavepiaera 1192072017 Legal Services Contract no gaurentuer.doc 3) Preparation of pension or retirement division paperwork including, but not limited top Qualified Domestic Relations Order (QDRO) or any other Domestic Relations Order (DRO), c. If Client wishes Attorney to provide any legal services not included in this aoa? hee written Agreement between Attorney and Client will be required. 4. RESP’ ATTORNEY Al KEPT ME UNINFORMED AS PER EMAIL TO ED APPLBAUM. a. Attorney will perform the legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. Client will be truthful, cooperative and fully disclose all material facts to Attorney, and will promptly keep Attorney informed of developments as and when they arise, and will advise Attorney immediately of all changes in Client's address, telephone number, and whereabouts. b. Client understands that although Attorney will offer advice and opinions as to possible outcomes and results regarding the subject matter of this Agreement, Attorney cannot predict or guarantee any particular result. Client acknowledges that Attorney has made no such promises or predictions about a the outcome or success of Attorney's proposed efforts on Client's behalf and that any opinion hereafter tendered will not constitute a guarantee. PREDICTED | WOULD LOSE MOVE AWAY IF |KEPT REPORTING ABUSE JAND CHANGE OF VENUE WOULD ANGER JUDGE SO HE DIDN'T DO EITHER «Client understands and acknowledges that only attomeys licensed to practice in the State of California ‘can give legal advice to Client. 5, ATTORNEY'S FEES. a, Client shall pay Attorney a refundable retainer of $ 5,000.00 b. While Attorney represents Client, Client must maintain a minimum retainer deposit of at least $200.00 positive balance in Client's account. When Client's retainer deposit falls below this amount, Attorney will ask Client to replenish the funds within 30 days in order to maintain the required minimum balance. If Client fails to maintain Client's retainer deposit as Attorney requests, Attorney shall have the right to withdraw as Client's attomey of record. c. After Attomey stops representing Client, and after Client has paid all fees and costs due under this ‘Agreement, Attomey shall return to Client the balance of Client's retainer deposit remaining in Client's account. !htps?mail-atachment googleusercontent.com/stachmentWOr?vew=stl&th=143647I563 186 1868alid=0 2Bdisp=vahdsale=1Bzw&saddbat=ANGMN... 2/10sana2017 Legal Services Contract no gaurentuer.doc oa LEGAL SERVICES AGREEMENT 1. PARTIES. 1. This Agreement is made between Kevin Polis (hereafter collectively “Attorney") and LEAH ARNOLD (hereafter collectively "Client’).. », Client agrees that Attorney shall have the discretion to utilize all attorneys, law clerks, paralegals, secretaries and interns hired by Attorney as employees or independent contractors now or in the future. 2. LEGAL SERVICES TO BE PROVIDED. The legal services to be provided by Attorney to Client are as follows: REPRESENTATION IN sTODY PI Unless otherwise agreed upon in writing, the manner by which attorney's fees are calculated and collected for legal services performed by Attomey for Client are described in this Agreement. 3, LEGAL SERVI PE a. Attorney shall not advise Client with regard to any tax matters, probate, financial or estate planning relating to the subject matter of this Agreement, and Client agrees to make other and separate arrangements with the appropriate professionals of Client's own selection for advice in connection with all those other matters relating to the subject matter of this Agreement. b. Other legal services that are specifically not to be provided by Attorney to Client under this ‘Agreement specifically include, but are not limited to, the following: 1) Representation in connection with any legal matter other than or in addition to the specific subject, matter of this Agreement; or 2) Representation in any capacity or to any extent whatsoever in connection with an appeal from any judgment or order, or in connection with any appellate remedies whatsoever. tps mail attachment googleusereontent comlatachment/u0/2vew=2tat 11435471663 106 1868atid=0 28disp=vahksafe=tSzwksaddbat=ANGiAJ... 1110