The Law Offices Of Pittullo Barker And Associates

7/7/14 Fees Paid

6/12/12 Settlement

BUYER BEWARE. ANOTHER VICTIM OF PITTULLO AND BARKER'S NEGLIGENCE!

THE COURT FINDS THAT THE SUM OF $320,000.00 IS "IN THE BALL PARK" OF PITTULLO, HOWINGTON, BARKER, AND ABERNATHYS LIABILITY FOR NEGLIGENTLY FAILING TO PROTECT THE MINORS SHARE AND ADDITIONAL APPROXIMATELY $160,980.00 IN CALPERS BENEFITS PAID TO THE EMBEZZLING GUARDIANS

OF THE MASSACHUSETTS MUTUAL LIFE INSURANCE POLICY PROCEEDS OF APPROXIMATELY $318,150.00 AND THE

ADDITIONAL APPROXIMATELY $160,980.00 IN CALPERS BENEFITS PAID TO THE EMBEZZLING GUARDIANS, UNDER

TECH-BILT FACTORS.

MOTION RE: (070811) FOR DETERMINATION OF GOOD FAITH SETTLEMENT FILED BY PLAINTIFF TIMOTHY GENE MISHLER, MARIAH RODRIGUEZ, NATHAN RODRIGUEZ

08/25/2011 - 8:30 AM DEPT. R9

BARRY L PLOTKIN, JUDGE

CLERK: MARY ELLEN MURAWA

COURT REPORTER ROCIO GONZALEZ 10911

COURT ATTENDANT PHILIP COOPER

-

APPEARANCES:

ATTORNEY TOM A NUNZIATO PRESENT FOR PLAINTIFF/PETITIONER.

ATTORNEY CECILIA PRECIADO PRESENT FOR PITTULLO HOWINGTON BARKER AND ABERNATHY.

ATTORNEY MICHAEL G DAWSON PRESENT FOR FERNANDO MICHAEL RODRIGUEZ III.

ATTORNEY ANDREW S WILLIAMS PRESENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE.

-

PROCEEDINGS:

PREDISPOSITION HEARING HELD

-

MOTION

TIMOTHY GENE MISHLER, MARIAH RODRIGUEZ, NATHAN RODRIGUEZ'S MOTION TO /FOR DETERMINATION OF GOOD FAITH SETTLEMENT IS HEARD.

COURT GIVES TENTATIVE RULING.

ARGUED BY COUNSEL AND SUBMITTED.

COURT ADOPTS TENTATIVE RULING.

TIMOTHY GENE MISHLER, MARIAH RODRIGUEZ, NATHAN RODRIGUEZ'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT IS GRANTED.

THE COURT FINDS THAT THE SUM OF $320,000.00 IS "IN THE BALL PARK" OF PITTULLO, HOWINGTON,

BARKER, AND ABERNATHYS LIABILITY FOR NEGLIGENTLY FAILING TO PROTECT THE MINORS SHARE

OF THE MASSACHUSETTS MUTUAL LIFE INSURANCE POLICY PROCEEDS OF APPROXIMATELY $318,150.00 AND THE

ADDITIONAL APPROXIMATELY $160,980.00 IN CALPERS BENEFITS PAID TO THE EMBEZZLING GUARDIANS, UNDER

TECH-BILT FACTORS.

-

THE ISSUE OF MASSACHUSETTS MUTUALS POTENTIAL RIGHT TO SETOFF BY THE AMOUNT OF PITTULLO,

HOWINGTON, BARKER, AND ABERNATHYS SETTLEMENT IS PREMATURE AND, IN FACT, NOT BEFORE THE COURT AT

THIS TIME. THE ISSUE WILL ARISE WHEN AND IF THERE IS A VERDICT AGAINST MASSACHUSETTS MUTUAL.

AS IN DELLOCCA V. BANK OF NEW YORK TRUST CO. (200*) 159 CAL.APP.4TH 531, 559-561, THE COURT

SHOULD DECLINE TO DECIDE THE SETOFF ISSUE AT THIS TIME.

-

THE COURT GRANTS PLAINTIFFS MOTION FOR GOOD FAITH SETTLEMENT WITH PITTULLO, HOWINGTON,

BARKER, AND ABERNATHY, FINDING THAT IT DOES NOT INCLUDE ANY BINDING ALLOCATION OF SETTLEMENT

PROCEEDS.

-

PLAINTIFFS COUNSEL TO PREPARE AND CIRCULATE ORDER AFTER HEARING. IF NO OBJECTIONS, COURT

WILL SIGN ORDER.

COUNSEL FOR PLAINTIFF TO GIVE NOTICE.

ACTION - COMPLETE

=== MINUTE ORDER END ===

openaccess.sb-court.org/OpenAccess/civil/civilminutes.asp?courtcode=X&casenumber=RS100****&casetype=CIV&dsn=&actionseq=2&actiondate=2011****&actiontime=8%2E3&department=R9&actioncode=L%26M&action=%3Cfont+color%3D%27%2300****%27%3EMOTION+RE%3A+%2807****%29+FOR+DETERMINATION+OF+GOOD+FAITH+SETTLEMENT+FILED+BY+PLAINTIFF+TIMOTHY+GENE+MISHLER%2C+MARIAH+RODRIGUEZ%2C+NATHAN+RODRIGUEZ+%3C%2Ffont%3E

THIS ATTORNEY CHARGES $500 AN HOUR AND STATES ON OFFICIAL COURT TRANSCRIPT IN ORANGE COUNTY CALIFORNIA STATING " I CAN'T DO IT I AM NOT CAPABLE" TO A FAMILY LAW JUDGE IN ORANGE COUNTY CALIFORNIA.

A MALPRACTICE CASE WAS FILED

Mr. Pittullo: I'd requested to have a continuance so that my client can get another attorney. I cannot effectively represent her at this point.

The Court: Your request is denied. We are in the middle of a hearing at 3:00 p.m. in the afternoon, cross-examination of the respondent.

At pg. 67, Ins. 13 - 15 of the transcript Mr. Pittullo explains that he is incompetent:

Mr. Pittullo: So I'm asking for a brief continuance to find another attorney who can more adequately than me represent her. I can't do it, I'm not capable.

Professional Malpractice Claim Case Number 30-2013-****5429-CU-BT-CJC. City of Orange - Central Justice Center.

Three causes of action:

1. Unlawful Business Practices - Violation of the Consumer Legal Remedies Act

2. Legal Malpractice

3. Intentional Infliction of Emotional Distress

1. Unlawful Business Practices

7. On or about June 12, 2012. P. Timothy Pittullo and Pittullo Barker & Associates agreed to represent Sheila A****** regarding appropriate restricions pertainign to the use of her son's passport...

8. The reason that Plaintif went to P. Timothy Pittullo and Pittullo Barker & Associates was because P. Timothy Pittullo and Pittullo Barker & Associates advertised that they were well qualified, competent, professional and capable of representing a client in a family law case and that if they were in fact hired, they would in fact represent that client in a prepared, professional and competent manner.

9. Another reason that Plaintiff went to P. Timothy Pittullo and Pittullo Barker & Associates was becasue P. Timothy Pittullo and Pittulllo, Barker & Associates represent that they were well qualified, competten, professional and capable of representing Ms A****** in a hearing to restrict the use of her son's passport and that they would fin fact represent her in a prepared, professional and competent manner.

10. A hearing to restrict the use of her son's passport was scheduled for August 3, 2012. In preparation for this hearing, P. Timothy Pittullo and Pittullo, Barker & Associates required Plaintiff to pay for an investigation in Iran and to fly a witness out from Chicago to testify at the hearing.

11. Defendant P. Timothy Pittullo showed up at he hearing completely unprepared, where he behaved unprofessionally and then after the hearing had already been proceeding for quite some time, told the judge that he was "not capable" of competently representing the Plaintiff and requested a continuance so that Plaintiff could obtain another attorney {hearing Transcript: pg. 67, lines 13-15]

12. When the judge refused to grant a continueance a that point. Defendant P. Timothy Pittullo refused to ask any questions {Hearing Transcript: pg 73, lines 8-21] refused to call any witnesses [ Hearing Transcript pg. 74, lines 11-17] and rested the Plaintiff's case [Hearing Transcript: pg 74, lines 16-24]

14. Despite the fact that Defendants, P. Timothy Pittullo and Pittullo Barker & Associates, advertised that they would represent a family law client in a family law proceeding in a prepared, professional and competent manner, P. Timothy Pittullo and Pittullo Barker & Associates never intended to provide such services as advertised and certinaly did not provide such serices as advertised at the August 3, 2012 hearing. Said conduc on the part of P. Timothy Pittullo and Pittullo Barker & Associates (Sissie Barker, Britani Barker Pittullo, Jonathon Zitney, Jennifer Kopeke)

15. Plaintiffs suffered significant economic damages and special damages including the cost of the investigation in Iran, the cost of flying the witness out from Chicago to testify at th eAugust 3, 2012 hearing and all amounts paid to P. Timothy Pittullo and Pittullo Barker & Associates in an amount which will be proven at the time of trial.

16. As a result of the aforementioned conduct, Plaintiff has incurred general and incidental damages in an amunt which will be proven at the time of trial.

17. On December 26, 2012, Plaintiff caused to be mailed to Defendants, P. Timothy Pittullo and Pittullo, Barker & Associates, by certified mail a "notice of Violation of Consumer Legal Remedies Act and Demand for Remedy" pursuant to Civil Code 1782...

18. Within 30 days of receipt of the notice of its violation of the Consumer Legal Remedies At served by certified mail. Defendants P. Timothy Pittullo and Pittullo Barker & Associates failed to offer an appropriate remedy or any remedy at all. ...

SECOND CAUSE OF ACTION - LEGAL MALPRACTICE - AGAINST ALL DEFENDANTS

23. The defendants and each of them were negligent and failed to exercise reasonable care in their representation of the plaintiff.

THIRD CAUSE OF ACTION - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - AGAINST DEFENDANTS P. TIMOTHY PITTULLO, PITTULLO BARKER & ASSOCIATES AND DOES 1 THROUGH 80)

27. The conduct of Defendants P. Timothy Pittullo and Pittullo Barker & Associates, by showing up entirely unprepared, refusing to question the witness in any significant extent and refusing to call any witnesses in particular those that were waiting in the hall to testify, including the witness that P. Timothy Pittullo and Pittullo Barker & Assocites had required Ms. A****** to fly in from Chicago fo rth hearing caused Sheila A******* to suffer severe emotional distress.

28. The conduct of the Defendants so described in paragraphs 11 and 12 herein was dirtied at Plaintiff Shila A****** and was carried out with a reckless disregard that such conduct would cause Plaintiff to suffer severe emotional distress

29. The conduct of the Defendants as desired in paragraphs 11 and 12 herein was carried out by the Defendants and each of them maliciously, oppressively, fraudulantely and with a conscious disregard of the rights of the Plaintiff. The conduct of Defendnts and each of them, as describe herein was despicable, vile, base, contemptible, miserable, wretched and loathsome. That by reason of the conduct of the Defendant and eah of them as described in paragraphs 11 and 12 herein, the Plaintiff is entitled to an award of exemplary damages.

THERE HAVE BEEN OTHER MALPRACTICES CASES AGAINST THIS ATTORNEY. THIS ATTORNEY ALSO HAS ARREST RECORDS IN LOS ANGELES COUNTY, SAN BERNADINO, RANCHO CUCAMONGA....

YOU ARE ENCOURAGED TO READ ALL AVAILABLE PUBIC DOCUMENTS AND CASES PERTAINING TO THIS ATTORNEY AND ALL MEMBERS OF THE FIRM PRIOR TO RETAINING.

CONSULT WITH THE CALIFORNIA STATE BAR REGARDING THS ATTORNEY'S RETAINER AGREEMENT WHICH IS MAY BE A NON-REFUNDABLE RETAINER AMOUNT AND MAY WAIVE YOUR RIGHT TO TRIAL AND OTHER FAIR MECHANISMS IF AN ISSUE COMES UP.

DO NOT EXPECT THAT HIS ATTORNEY WILL ABIDE BY THE STANDARD OF CARE OR THE ETHICAL GUIDELINES OF THE CALIFORNIA STATE BAR ASSOCIATION.

RESEARCH THIS ATTORNEY'S BEHAVIOR AMONST THE PEER GROUP FOR STORIES. COURT HOUSE EMPLOYEES ALSO ARE WITNESSES.

DO A GOOGLE SEARCH ON THIS ATTORNEY AND FIRM BEFORE DECIDING TO HIRE.

READ THE BOOK "WITHOUT HONOR" WHICH HAS STORIES ABOUT THIS ATTORNEY AND PEER GROUP.

CONSULT THE WEBSITE FAMILYCOURTCROOKS.COM FOR ADDITIONAL INFORMATION.

YOU ARE ADVISED TO REVIEW THIS PETER TIMOTHY PITTULLO AND SISSIE BARKER'S FORECLOSURE DOCUMENTS WHERE ACCORDING TO COURT DOCUMENTS THEY WERE COLLECTING RENTS AND NOT PAYING THEIR MONTHY PAYMENT. THERE IS DETAILED INFORMATION ABOUT THE ACTIVITIES IN PUBLIC COURT FILINGS ALONG WITH THE DEPOSITION TRANSCRIPT OF PETER TIMOTHY PITTULLO.

If you are reading about moue v pittullo you might be interested in the following public document:

This report documents a Police Incident Report filed to document suspicious circumstances surrounding Attorney Tim Pittullo and his long-time legal secretary Melinda Thjwinga.

The full Police Incident Report is on file at the Riverside Police Station.

You can also see the full report at www.familycourtcrooks.com

POLICE INCIDENT REPORT

Riverside County Sheriff CA0330000

Fle Number F11279****

Date 052212 ****

OFFENSES - US Attorney General 25A 4-N and Suspicious Circumstances 25B 1-N

Party: Law Offices of Pittullo, Howington and Barker

Address: 8280 Utica Avenue, #200, Rancho Cucamonga, CA 91730

Address: 75-5432 Kona Bay Drive, Kailua Kona, HI 96740

Address: Note there may be other office and personal addresses

Phone: 909-950-****

Person: Melinda Thjwinga (Legal Secretary to Tim Pittullo)

Person: Tim Pittullo (Attorney)

Suspiricions circumstances involve: The Law office and Tim Pittullo and Melinda Thjwinga using SPOOF Calling, Faking Caller Id and Impersonation to reach parties for exparte notices and other reasons.

www.courthousenews.comcaselaw.findlaw.comwww.therecorder.comwww.morelaw.compittulloesq

Attorney Peter Timothy Pittullo or Rancho Cucamonga, California found guilty of attorney malpractice and negligence. Ordered to pay approximately $479,000 to victim.

See public court documents available online. Also search Los Angeles court records, Orange County court records and other counties for the full scope of information regarding this attorney and other malpractice cases against him. All information is public knowledge. Please read all court documents for full context and information.

THE COURT FINDS THAT THE SUM OF $320,000.00 IS "IN THE BALL PARK" OF P. TIMOTHY PITTULLO, HOWINGTON,

SISSIE BARKER, AND ABERNATHYS LIABILITY FOR NEGLIGENTLY FAILING TO PROTECT THE MINORS SHARE

OF THE MASSACHUSETTS MUTUAL LIFE INSURANCE POLICY PROCEEDS OF APPROXIMATELY $318,150.00 AND THE

ADDITIONAL APPROXIMATELY $160,980.00 IN CALPERS BENEFITS PAID TO THE EMBEZZLING GUARDIANS, UNDER

I hired the Law firm of Pittullo and Barker and had a really bad experience. I do not recommend them.

They were always distracted with other things and Ms. Barker could not remember my case details and kept fumbling through her memory. The other guy in the firm Mr.

Pittullo his her husband and he got on the phone with me a few times and gave cookie cutter answers that didn't even seem to relate to my case but I think he thought I was someone else.

I went to another law firm to have my issues resolved. I cannot recommend this firm.

Attorney Peter Timothy Pittullo 1994 Arrest Details - Public Record Sources Los Angeles County Court Records Available Free Online to the Public.

Superior Court of Los Angeles County (Pomona)

Arrest Record For Peter Timothy Pittullo

Case Number: POM94M01900-01

Filing Date: 03/09/1994

Filed At: Pomona Court House North

Count 1 - 242 - Battery

Count 2 - 415 - Fighting, distrubing another person, offensive words likely to provoke a violent reaction

PENAL CODE SECTION 415

415. Any of the following persons shall be punished by imprisonment

in the county jail for a period of not more than 90 days, a fine of

not more than four hundred dollars ($400), or both such imprisonment

and fine:

(1) Any person who unlawfully fights in a public place or

challenges another person in a public place to fight.

(2) Any person who maliciously and willfully disturbs another

person by loud and unreasonable noise.

(3) Any person who uses offensive words in a public place which

are inherently likely to provoke an immediate violent reaction.

PENAL CODE SECTION 242

242. A battery is any willful and unlawful use of force or violence upon the person of another.

Case Number: POM94M01900-01

Filing Date: 03/09/1994

Filed At: Pomona Court House North

Count 1 - 242 - Battery

Count 2 - 415 - Fighting, distrubing another person, offensive words likely to provoke a violent reaction

Thank goodness someone is finally suing this guy. I hired him and fired him as he continually over-billed me and was nasty. He was late to court and did not prepare my case like he should have. He does not like being questioned and thinks he is the "king of the hill". He has a very bad reputation throughout town and beyond. He has money issues and had to have a receiver assigned to a building he owned that went into foreclosure as he was not making the payments. He also had issues with being arrested.

Public Record - San Bernadino County Court Records

People v. Pittullo

3/2/2011

Case 312****TP Defendant 365**** Pittullo, Timothy Peter

Charge PC M647 M Disorderly Conduct Person Under The Influence of Alcho/Drugs