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Judge declared me vexatious and an order valid in contradiction of Carlson v. Eassa (1997) Cal App. 4th; stare decisis means nothing to this judge. In Cuccia v. Superior Ct. (2007), the Supreme Court reiterated that a judge who rules contrary to an appellate court decision has acted 'in excess of jurisdiction'. Even the Judicial Council knows that FC 4065...

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Judge Leslie C. Nichols of the Santa Clara County Superior Court in San Jose, CA, presided over a medical malpractice trial against a doctor who did the wrong surgery on me. This doctor, who is board certified and teaches at Stanford, not only operated on the wrong leg, but he operated on more than a dozen of the wrong parts of my body. He operated on...

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Judge Leslie C. Nichols Incompetent or corrupt

Judge Leslie C. Nichols of the Santa Clara County Superior Court in San Jose, CA, presided over a medical malpractice trial against a doctor who did the wrong surgery on me. This doctor, who is board certified and teaches at Stanford, not only operated on the wrong leg, but he operated on more than a dozen of the wrong parts of my body. He operated on both knees for no reason and without my consent, and now my formerly perfect knees cause me constant pain, as my kneecaps are dislocating. I cannot kneel down at all anymore. This doctor carved large X's 8-9" long in my hips, something no doctor, including his expert witness, could explain. There were sutures in my pubic area, again for no reason and without my consent. This was more like a rape than an operation - he violated my body when I was unconscious and unable to protect myself.

The first part of the trial was to determine the validity of a release I signed - a release which was signed before most of the damage was even known to me (my body was swollen from the surgery and the damage was not visible). This release should have been thrown out because all the evidence presented showed that I did not and could not have known the damage this doctor did to me at the time that I signed it, and there was no waiver of Civil Code 1542, which says that you cannot waive your right to sue over things you do not know about. There were photos of my body at the time I signed the release, and then photos taken several months to more than a year later, and they were totally different - the damage did not appear until months after signing the release. The doctor presented no evidence that I did know of the damage when I signed the release - in fact he denied that there was any damage at all.

Judge Nichols saw the doctor's own records which proved he operated on the wrong leg and all the other parts. He saw the big hole in my right leg where the doctor had operated for no reason and without consent. He saw the X's carved into my hips. He saw the photos of damage to my knees, calves and several other parts. The doctor's lawyer did not refute any of this, and presented no affirmative evidence as to why the doctor should have operated on all these wrong parts. They were virtually silent, except to give a blanket statement denying my allegations. The doctor himself in his sworn statement didn't even deny having done anything wrong, he merely said, "I didn't think I did anything wrong".

I gave a detailed account of conversations with the doctor where initially he denied having operated on the wrong leg, then when confronted with the proof in his own records that he had, he then made up a story as to why he didn't operate on the right leg. There were many more lies over a period of months, I presented evidence that the doctor altered the medical records, and lied to me in writing. None of this was refuted by the doctor - they were silent.

So at the end of the trial, I was certain I had won - it was so one-sided it was ridiculous. I was shocked when I got Judge Nichols' ruling against me - and not only did he rule against me and uphold the release, he was very hostile to me, as if I were the one who had done something wrong. He did not mention one word about the doctor operating on the wrong parts, altering the medical records, lying to me. No, what stood out in Judge Nichols' mind was that I referred to the doctor by his last name instead of calling him Dr. ____, and he chastised me for it. So Nichols thinks that my lack of the utmost respect for this man who has mutilated me is worse than the mutilation itself?! He even said in his ruling that he didn't think the doctor did anything wrong.

Nichols, oh, excuse me, JUDGE Nichols ordered me to pay the doctor's attorney's fees, and I have since had to go through bankruptcy because of this. He ordered me to remove all posts on the internet about what the doctor did to me, and I am prohibited from talking to anyone about what he did. (I can and do post about what this doctor has done to other people).

I was very suspicious of the judge's ruling, so I looked him up on the internet, and lo and behold, he and the doctor are the same age, they both went to Stanford, and they have lived and/or worked close to each other for decades.

There is more - a few days before the trial, Judge Nichols had a conference with the two lawyers, and they all decided that there would be no jury, no witnesses would be called and there would be no testimony (gee, who does this benefit? My internist was going to testify, as was another woman who also had the wrong parts worked on and damaged by the same doctor. They were not even going to allow my testimony, but I insisted, and after a discussion between my lawyer and the judge, he finally relented.) My lawyer never told me about the meeting, and when the trial started without a jury I called him aside and asked what was going on. He told me that for the first part of the trial I didn't have a choice of a jury. And then when we went back to court he told the judge I had misunderstood him. But Nichols paid little attention, even though the trial had just started minutes before, and we went on with the bench trial. It wasn't until the whole thing was over and I got Nichols' tentative ruling against me, and it said, "she freely and intelligently waived her right to a jury trial" that I realized that my lawyer had done this behind my back (presumably to avoid paying jury fees and to get the whole thing over with quickly). I wrote to Judge Nichols telling him of my lawyer's deception, and reminded him that as soon as the trial started without a jury, I called my lawyer aside. But Nichols ignored my letter and made the final ruling against me. In his ruling he mocked me for "wanting to tell her story".

So I had explained to the judge that I never waived my right to a jury trial, my lawyer told the judge I didn't realize I was waiving my right to a jury trial (he was lying, he did it without even consulting me), so where in the world is Judge Nichols getting this evidence that I freely and intelligently waived my right to a jury trial? Out of thin air? And exactly what was said at that pre-trial meeting to get my lawyer to go from fighting for justice to selling me out?

And that is not all that happened - I realized about a year after the trial that there was a loophole in the judge's ruling, and after consulting with several lawyers to make sure I was within my rights to do so, I posted on the internet about how the doctor had gotten a restraining order against me by lying under oath, saying that I threatened his employees. He totally fabricated this story, and eventually the restraining order was overturned on constitutional grounds by the First Amendment Project in Oakland. But when I posted about this, the doctor filed a contempt of court motion against me, and Judge Nichols threatened to throw me in county jail for 5 days if I did not remove the post. I spent my last of my money fighting this, but my new lawyer said it would cost $15K or more to continue the fight, and I finally had to remove the post. Judge Nichols violated my rights to free speech to protect this doctor. Why? Could it be they are friends? Does that explain his ruling against me in the medical malpractice case, contrary to all the evidence?

It seems to me that either Judge Nichols cannot understand simple concepts (like when a doctor is supposed to operate on the left leg, but he operates on the right leg and damages it, then the doctor has done something wrong), in which case he is incompetent; or he is corrupt, and I think it is the latter.

I have already had 10 operations to try to fix the doctor's mistakes, and I am not even close to being whole again. I have constant pain in my knees, I have fallen down stairs 4 times, and I can't sleep because of the pain. I lost my business because I have been so depressed, I can only work part time now, and I spend all my time trying to get enough money to see more doctors and have more surgery. I am a single mother, and my daughter and I have been evicted from two apartments since this disastrous surgery because I couldn't pay the rent. No one knows if my knees or other parts will ever be fixed. I have artificial calves now to fill in the concave areas made when this ###ic doctor operated on my formerly perfect calves for no reason. I still have the traces of X's on my hips. None of the surgery is covered by insurance because it is considered experimental - no doctor I have been to has ever seen damage like what this doctor did to me. Because of Nichols' ruling, I will never be compensated for my injuries, and I am afraid of what will happen to me in the future, and whether I will be able to pay for the surgeries I still need. You cannot imagine the horror of having parts of your body removed and operated on against your will, and then going to the system looking for justice but instead getting raped all over again. I have cried buckets of tears.

If there is any real justice in this world, there is a special place in hell reserved for these two.

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Mary Cat
, US
Nov 29, 2014 10:47 am EST
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I am so sorry to hear that you had a bad experience with Judge Nichols. There are several people who will write a letter to the California Chief Justice to re-review our cases. If you want to join with us, please send an email to vs0522@hotmail.com

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danteinferno
Sonoma, US
Nov 19, 2014 3:51 pm EST

I had the same experience with Nichols in family court. He ignored the facts, the law and the evidence, sanctioned me 300k and put me on the vexatious litigant list. Why? This case involved a judge who was my attorney keeping silent about a fraud upon the court resulting in an order being entered behind my back, the judge who signed it violated FC 4065, the attorney who committed the fraud is buddies with all, fifty judges in santa clara endorsed my former attorney when she ran for election, including the presiding judge who controls how long I stay on the vexatious litigant list. Nichols is immune, he is called in to dispense with embarrassing cases and make them 'go away'. He reduced a four day hearing to one half day, used up some of the time telling me about his bio. and right after he destroyed me financially, he came out and joked and chatted with my ex and his two attorneys. I had no attorney because two judges denied fees under FC 2030, failed to give findings required by law to deny them. So, A fraud upon the court in 2003, judicial violations of Canon 3d (d), attorney misconduct, divorce fraud unpunished, misuse of CCP 391.1 to make the party 'disappear' and then I was denied an appeal when I did file a request for permission to appeal. I am sending complaint to judicial council, chief justice, Cal state auditor and attorney general's office. 14th amendments suspended, I guess.

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Wylmina Hettinga
, US
Jan 19, 2020 11:17 pm EST

I bet we all had the same experience with Judge Nichols. He tells stories about who knows what but in the end he complains about his wife controlling him in those situations? He is now trying to escape her by being a private judge. I am a Mom and he destroyed my children's live in "family" court. He does whatever his chosen "expert" tells him to do.

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Mary Cat
, US
Jun 18, 2014 6:17 pm EDT
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I am not surprised about Judge Nichol's misconduct and how he treated you and ruled against you. It is a part of our responsibility because community people did not get together and pursue him. Without a community response, there will be more bad judges like Leslie Nichols in our court system.
Former California Chief Justice Ron George said that it is the public's responsibility to identity bad judges so his office can take remedial action or recommend removal of a judge after people write letters to him demanding judicial accountability. Many bad judges go on for years because the public fails to complain, thinking there will be retaliation or no action taken. He appreciates public initiative and he desires to expose these bad judges that are giving all judges a bad name. Also, the public has power to remove them if a judge fails to uphold the law. He said he can not do it without public help.
I had a similar experience with Judge Nichols. Tenants moved into my rental property right after contractor poured fresh concrete in the driveway and caused serious damage. Without fixing it or paying for it, tenants moved out at the end of their lease and shortly afterward sued me for mentally distress, etc. I lost the case and judgment was less than $2, 000.00. However, in order to pursue it, I spent more than $10, 000.00. Within the three year statute of limitations, I filed against tenants for civil fraud. Judge Nichols was a substitute Judge. He ruled against me. I had a Motion for Reconsideration and no other cases were scheduled for that hour. For the first 30 minutes he told us his background and about the problems in the court system. These had nothing to do with my motion. My clear explanation of extrinsic fraud which would have bolstered our case did not deter him from denying our motion. He did not even comment or respond to this critical point. In addressing the defendant's attorney, he toyed with the term "sanctions" in what appeared to be an attempt to compel us to go away quietly. Not being lawyers, I was surprised that lying in any form would be acceptable to the court and that a judge would consider a case like mine to be a mere nuisance.
People are entitled to justice through the court system. However, some judges are not qualified for that position and are merely appointed. When people complain to the proper authorities, there is often no response and no action taken. People who have been harmed by the court system are the best ones to hold judges accountable. A first step would be to see if a judge has an oath of office in his file. If this oath is not in his file, you can get a judge removed from office and possibly subject to re-paying his back salary.

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His Victim
San Francisco, US
Aug 17, 2010 12:15 am EDT

$500 reward offered to anyone who can give me proof that Dr. George Commons of Palo Alto & Los Altos Hills, and Judge Leslie Nichols of Mountain view are friends. Do it for the money, do it for justice. Write me at vs0522@hotmail.com

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Connie10
, US
Aug 03, 2010 8:27 pm EDT
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@rsquirt, I dont know the fully info about your case, seemed like really have issues of corruptions by the lower court:
If I were you I consult a criminal attorney as long as you have all the Court documentations, proofs that the court, the judges and opposing attorneys WERE in violations of your Constitution specifically First and Seventh (juri trial before the judge), violated of their Professional and Business Code of Ethics, violated of Judicial Code of Ethics, violated of Bankruptcy Code (once you filed Bankruptcy- the court or the judge cannot charge any fees whatsoever, or your exwife cannot file an attorney fees to you), and Govt Code 6201- this means, is a felony to steal, remove, secrete, destroy, mutilate, deface, alter, or falsifying any document in the Courts Files, MOST opposing attorneys would do these things, coz the attorneys wanted to get what they want, meaning to WIN their bad clients such as my exhusband.

IF YOU THINK THAT THESE VIOLATIONS CAUSED OF YOUR CASES, WHY THEY PUT LIENS ON YOU, like the judge put liens twice on my house, reasoned I filed my Chapter 7 Bankruptcy because of the ashole judge on my case.
SEARCH A GOOD CRIMINAL ATTORNEY IN YOUR AREA, it appears happened to you,

NOW thru my effort to file to the Supervising Judge of Sta Clra Cty, the judge has removed from my case and removed totally from Family Law Division and NOW he is in Civil w/c I heard again that he does the same things as he did to hurt the other side of the clients..

Felony, Fraud, Perjury are Federal crimes, by reading your comments of the judge, it appears YOU have the same issues as me. HOPING GOD WILL DEAL WITH THESE PEOPLE AND ANY COURTS OF THE U.S.A because WE do not deserve how they treated us in the JUSTICES...

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rsquirt
Phelan, US
Aug 01, 2010 10:51 am EDT

that we know that once we have nothing to retain a "state bar member "they will drag us to insanity, it is a clique of active and none active members of the bar .i have 17 cases in the superor court 6 appeals in the 4th districts div 2 itred in he fedral court 3 petition chappter 7 the ruling in 26 cases are conclusive .i never had any childrens and he county child servce has a judicial lien against me.130.000.00 credit card dept and the only correct information is my name.after my bak removed all my money in my checking accont hey told me to sue them .that the office of the attorney general defended the wrog doing superior court and his defense was that i am unintelidgble and i am an idiot .that i belive to go to court trying to present your self is not in your best legal interest and if you have rthem by youwere the become primitive and hostile that they hate the true facit .this is our down fall {the econimon}life based on our elected official.there is more then just us but only unitiy in the people would perhaps be heard but no unity excist in this country anymore.i just want you guys and girls to let you know that we have a sicjudicial system anofficer of the court has asked on officer of the bench to lie .he smiledand signed a judmemt totaly fraud .i complaint with the cjp aoc state bar doj oag in the next case interest was 99.7 and 45.000.00 because i complaint and i am an idiot beliving in the system . i amremindede every day with same collection notice .to drive me insane is true fact

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Connie10
, US
Jun 25, 2010 6:33 pm EDT
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In my case a supervising judge removed the primary judge Kevin McKenney, not only from my case but totally out of Family Division of Superior Court, SJ. As a result Judge Nichols has been assigned to my case, as stated in my previous comments to you I will not return to Family Division in Sup Ct, if the Appellate Court does not rule in my favor I will take my case to the Cal Supreme Court and if necessary to the U.S Federal Supereme Court.

THE STEPS TO DO BEFORE YOU FILE APPELLATE COURT is located on the SELF HELP from the website of the Sixth Appellate Court, SJ located at Santa Clara Street. I know how you feel friend and it is very sad that these people do to others. Please file a complaint...

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Connie10
, US
Jun 25, 2010 6:13 pm EDT
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You know if it was you posted a response, the victim- YES they are very expensive and most lawyers DONT want to go thru your/our issues and if the attorneys SEES and LEARNED that they were buddies, there is no way to have a fair and unbias decisions.
IF YOU KNOW ALL WHAT HAPPENED TO YOUR CASE, STILL HAVE ISSUES W/ YOUR ABILITY TO WALK, do it yourself FILE as PRO PER to Court of Appeals- if you know how to read JUST follow the Rules of the Appellate Courts were I filed my complaints against Nichols and other judge to my case. NOW is being processed for review w/ four justices, and inturn law student, i just got an information from the Court of Appeals whether I file for Oral Argument, I DECLINED it due to my exhusband's attorney, as long as exist. I leave it in thier hands of the justices, but IF god forbid that the Court of Appeals would not do anything, I ALREADY SAID IT ALL what happened and all of the false accusations and allegations against me and my new husband is totally out of court's discretion. OTHER words, the Courts focuses on those instead of my children custody. Superior Court is corrupt, I made it clear that i dont want to go back ever, agian if the Ct of Appeals would not REVERSE the ORDERS, I will file criminal charges against them in class actions suit.

In your situation, you would never have a piece of mind UNTIL you dont get even right, FILE the complaints SEE what happen to Ct of Appeals, Sixth in Santa Clara Street SJ, CA. I would file the complaint, the clerks will assist you procedural questions, GOOD LUCK!

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His Victim
San Francisco, US
Jun 22, 2010 2:30 am EDT

Thank you for your post. I tried to get a lawyer to appeal Nichol's ruling, but they wanted $20-40K upfront. Several lawyers told me that I needed a appellate specialist, that even a lawyer of another specialty would not be qualified to take the case, so I knew I couldn't do it myself. The only way I can get a new trial is to prove that the judge and doctor are friends.

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Connie10
, US
Jun 04, 2010 1:44 am EDT
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I am sorry to hear what happen to you. I had in the past w/ Leslie C. Nichols signed my custody order of which Nichols remotely UNFAMILIAR of the ORDERS and the case AND he just signed it. NOW, you should filed a complaint against this judge to Court of Appeal in SJ, CA #277-1004 IF YOU ARE NOT SATISFIED AND UNHAPPY WITH THE DECISION OF THE JUDGE. Go after the judge and that malpractice SURGEON IN PARALLEL WITH YOUR FILING TO THE COURT OF APPEAL, filed w/ the CONSUMER AFFAIRS in Sacramento, CA or CRIMINAL ATTORNEY- malpractice
I found interesting that between the judges and attorneys WERE buddies and connections. That was happen to my custody case w/ my exhusband, he is abusive, mistresses after mistresses worldwide, hid assets and funds worldwide, alienating my children, committed perjury, fraud, felony, THE JUDGES violations were: my constitution, Judicial Canons 6, Bus & Prof Code of Ethics, violated Family Code Sections 7601, 7602, 2030, 4057.5, Family Court Rules and Govt Codes.

As you said in your statements that there were no JURY? The judge violated your Seventh Amendment Constitutional Rights that you SHOULD HAVE, "JURY" before TRIAL. Sounds like your attorney and the DR's atty have connection and i am 100% sure that they do that. INSTEAD your attorney HELP you but unfortunately YOUR ATTORNEY MAY HAVE BOUGHT BY THE DR'S ATTORNEY.
THE COUNTY COURT SYSTEM IS SUCKS, I URGE YOU TO GO THE NEXT LEVEL, COURT OF APPEAL, called them and YOU can file as PRO PER like me. GOOD LUCK!

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