Coastal Post Online

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April 2002

Retraction Demand

Letter from Nancy C. Field, Law Offices of Nancy C. Field

Re: Article in March 1, 2002 Edition of Coastal Post

In the March 1, 2002 edition of the Coastal Post, you published an article written by Terri Alvillar entitled "County Courts Fail to Protect Elderly." In that article, you devote two paragraphs to a discussion of Margaret Boyden and myself. Pursuant to California Civil Code Section 48a, I demand that you publish corrections to your erroneous statements. The statements and correct facts are as follows:

1. On Page 12 in the first full paragraph of the second column, you state that I am regularly appointed by the Marin County Superior Court to probate cases. The Marin County Superior Court has appointed me one time to serve as an attorney, in that case for a conservatee.

2. On page 12 in the second full paragraph of the second column, you state that I and Ms. Boyden attempted to conserve an 85-year-old Tiburon man without his consent, without notifying his family and without knowledge of his health and circumstances. The facts are that I served Terri Alvillar's father with a Notice of Ex Parte Hearing for a Temporary Conservatorship approximately 6-7 days before the hearing, as I am required to do by law unless there is good reason to waive notice; I spoke with Ms. Alvillar and her brother on the telephone regarding the conservatorship on the same day that I served their father, even though I am only required to give them 24 hour notice; I had significant knowledge of their father's health and circumstances.

3. In the same paragraph, you state that I knew that Ms. Alvillar's father owned valuable real estate in San Francisco and was starting the conservatorship there presumably because of the real property. The facts are that I knew that he owned real estate in San Francisco that was his residence. I did not know its value. In addition, I named San Francisco as the court in the Notice because the law requires us to initiate conservatorships in the county of the conservatee's residence unless good cause exists to initiate it elsewhere.

3. In the next full paragraph, you state that within 48 hours, I prepared temporary and permanent conservatorship paper and served the man with an ex parte hearing notice. The facts are as stated above. I did not prepare papers and then serve Ms. Alvillar's father. I had done nothing on preparation of court documents at the time that I served her father except prepare the Notice that I served on Ms. Alvillar's father.

4. In the same paragraph, you state that I admitted these details in my own declaration. Your facts are grossly inaccurate and misrepresent my statements in my declaration. I strongly suggest that you read my declaration, which I filed with the Marin County Superior Court.

5. In the same paragraph, you state that Ms. Jagiello "was called in by the victim to thwart their scheme..." First, there was no scheme. If you read my declaration, you will see that it was Ms. Alvillar who created the problems that led to the conservatorship Notice being given to her father. Second, at the time that Ms. Jagiello telephoned me regarding this matter, she claimed to be the attorney for Ms. Alvillar's father but admitted to me that she had never met or spoken with Ms. Alvillar's father.

I demand that a full correction to be published. I also demand that you publish the fact that the writer of the article, Ms. Alvillar, was personally involved in the case where she misrepresents the facts regarding Ms. Boyden and myself and not an impartial observer as you portray her.

 

 

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