"M'am I have read your papers," Visiting Judge Barbara Zuniga told Eureka Councilmember Kim Bergel. "You have the burden of proof." Bergel said she was ready to present her case.
Cornelius Lowenstein was not in court, attorney Arlie Capps appeared for him and raised two concerns. One was that Lowenstein was not given the 5 day notice as required by law. The other that there were no papers attached indicating what the complaint was about.
Miles Slattery served the papers, according to Kim Bergel. According to records in the court file, that proof of service was filed on 2/19.
Bergel said Lowenstein was served with the enture packet. Capps said Lowenstein was only given three pages. Capps asked for the complete paperwork and time to respond.
Bergel snapped and said, " That is inconvenient, he's threatened me."
Visiting Judge Barbara Zuniga had to admonish Kim Bergel and explain to her that according to the law, Lowenstein was required to have complete paperwork and five days to respond.
The hearing was rescheduled to 2/24. The Court had to provide paperwork to Mr. Capps.
Since the Judge has the file, I was unable to look at what was filed. I did request comment from Councilmember Bergel. Her husband Eric, Kathy Srabian and three other people were in court today.
A previous 2016 domestic violence case against Lowenstein was dismissed by the People.
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