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Posts Tagged ‘CourthouseNews Article 48969 (Aug. 8 2012) Attorney claims Missouri Lawyer’s Weekly Defamed by grossly overstating GAL charges

GALs, have Feelings, Too (Part 2 — Notes on the Mom she Sued for Defamation about Fees)

with 26 comments

[In updating blog Table of Contents, April 2016, I added the first link / image, and cleaned up some of the table formatting below, as well as added tags//Let’s Get Honest].
How Not Returning a Phone Call can Lead to a Lawsuit” (In Examiner.com, 8/5/2012), some of the context….

“Why accept an apology and correction when I can sue?” Benicia Baker-Livorski’s facebook page [from 8/5/2012 Examiner.com article viewed 4/15/2016]


 

  • Benicia Baker-Livorsi (GAL)
  • Lisa Payne-Naeger (mother) + first Michael Todt (atty), then Joel B. Eisenstein
  • Jeffrey Payne-Naeger (father) + (he seems to stick with one attorney), Deborah Jean Tomich

SOME PEOPLE TAKE NOTES AND KEEP PAPER FILES, CATEGORIZED.  (YOU WISH….).  AND SOME, LIKE ME, KEEP THESE NOTES ON A PUBLIC BLOG, FOR “FYI” INFORMATION ON THE ROAD THROUGH A DIVORCE .  IN THIS CASE, APPARENTLY THE HIGH ROAD (MEANING, I DON’T SEE WELFARE INVOLVEMENT HERE — THE GANG’S ALL THERE:

By January 2010, they have a JUDGMENT: You can read all this stuff, and be reassured that – It’s Not the Official Court Record!

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0811-FC00143 – JEFFREY M NAEGER V LISA E PAYNE NAEGER
Navigate to case headerNavigate to party detailsNavigate to docket entry detailsNavigate to charge detailsNavigate to service information detailsNavigate to filings due detailsNavigate to event detailsDisplaying judgement detailsNavigate to garnishment details
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This information is provided as a service and is not considered an official court record.

Date: 01/04/2010 Description: Judgment on Dissolution Against: NAEGER, JEFFREY M
Amount of Judgment: see text Date of Satisfaction: not yet on file
Text: MARRIAGE DISSOLVED. PETITIONER TO PAY RESPONDENT $1,262.00 PER MONTH FOR CHILD SUPPORT FOR 2 CHILDREN; WHEN 1 CHILD ELIGIBLE $876.00 PER MONTH. PETITIONER TO PAY RESPONDENT $3,500.00 PER MONTH FOR MODIFIABLE MAINTENANCE. PETITIONER TO PAY JOEL EISENSTEIN $10,000.00 FOR A PORTION OF RESPONDENT’S ATTORNEY’S FEES. JUDGMENT IN THE AMOUNT OF $5,084.00 IS JOINTLY AGAINST THE PARTIES FOR REMAINING BALANCE OF GUARDIAN AD LITEM FEES TO BENICIA BAKER LIVORSI. BETWEEN THE PARTIES THE COURT ATTRIBUTES THIS OBLIGATION $4,000.00 TO THE PETITIONER AND $1,084.00 TO THE RESPONDENT. COURT COSTS TO BE PAID FROM FILING FEE DEPOSIT FROM PETITIONER. SEE JUDGMENT FOR FURTHER DETAILS. (CASE GIVEN TO CHILD SUPPORT ON 1/4/10)
Next Judgment
Date: 01/04/2010 Description: Judgment on Dissolution Against: PAYNE-NAEGER, LISA E
Amount of Judgment: see text Date of Satisfaction: not yet on file
Text: MARRIAGE DISSOLVED. PETITIONER TO PAY RESPONDENT $1,262.00 PER MONTH FOR CHILD SUPPORT FOR 2 CHILDREN; WHEN 1 CHILD ELIGIBLE $876.00 PER MONTH. PETITIONER TO PAY RESPONDENT $3,500.00 PER MONTH FOR MODIFIABLE MAINTENANCE. PETITIONER TO PAY JOEL EISENSTEIN $10,000.00 FOR A PORTION OF RESPONDENT’S ATTORNEY’S FEES. JUDGMENT IN THE AMOUNT OF $5,084.00 IS JOINTLY AGAINST THE PARTIES FOR REMAINING BALANCE OF GUARDIAN AD LITEM FEES TO BENICIA BAKER LIVORSI. BETWEEN THE PARTIES THE COURT ATTRIBUTES THIS OBLIGATION $4,000.00 TO THE PETITIONER AND $1,084.00 TO THE RESPONDENT. COURT COSTS TO BE PAID FROM FILING FEE DEPOSIT FROM PETITIONER. SEE JUDGMENT FOR FURTHER DETAILS. (CASE GIVEN TO CHILD SUPPORT ON 1/4/10)

CASE GIVEN TO CHILD SUPPORT.  “LET THE GAMES BEGIN!” ….

MEDIATOR

MOM’S ATTORNEY IS CHANGED

CUSTODY EVALUATOR (FOR EVERYONE), GAL, PFA (DAD vs. Mom), and so forth.  What’s also interesting is that a few years earlier, SHE filed for divorce, and for some reason it was dismissed. )

Dad sues for legal custody and to remove the children from the jurisdiction (a private school seems to be involved)

After “the whole nine yards” of a single divorce, Mom complains about GAL fees, and is sued for it.

MICHAEL WADE, DIRECTOR OF ADMISSIONS OF BARAT ACADEMY WAS SERVED ON JUNE 18, 2009, FILED. DG
06/26/2009 Order
ORDER THAT MOTHER AND FATHER SHALL ALLOW THE GAL TO INSPECT THE HOME UPON REASONABLE NOTICE; FATHER SHALL BRING THE CHILDREN TO THE GAL’S OFFICE AT SCHEDULED TIME FOR APPOINTMENT; GAL’S MOTION TO STRIKE MOTHER’S EXPERTS DENIED AT THIS TIME AND THE PARTIES SHALL ARRANGE A TELEPHONE DEPOSITION OF MOTHER’S EXPERTS AS PER MEMO. RZ

Sickeningly familiar territory:

06/19/2009 Hearing Scheduled
     Associated Entries: 06/26/2009 – Order   
     Scheduled For: 06/26/2009;  9:00 AM ;  RICHARD KEVIN ZERR;  St Charles Circuit Div
Notice of Hearing Filed
RE: GAL’S MOTION FOR ASSESSMENT FOR THEREPEUTIC SUPERVISED VISITATION AND MOTION TO COMPEL MOTION TO PERMIT ACCESS TO THE CHILDREN AND MOTION TO STRIKE MOTHER’S EXPERT ON JUNE 26, 2009
     Filed By: BENICIA ANN BAKER-LIVORSI
Motion Filed
GAL’S MOTION FOR ASSESSMENT FOR THEREPEUTIC SUPERVISED VISITATION AND MOTION TO COMPEL MOTION TO PERMIT ACCESS TO THE CHILDREN AND MOTION TO STRIKE MOTHER’S EXPERT, FILED. DG
     Filed By: BENICIA ANN BAKER-LIVORSI
Certificate of Service
RESPONDENT’S ANSWERS TO GUARDIAN AD LITEM’S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO RESPONDENT WERE HAND DELIVERED TO BENICIA BAKER-LIVORSI, GAL, FILED. DG
     Filed By: JOEL B EISENSTEIN

Change of attorney for mother:

01/08/2009 Order
ORDER THAT MICHAEL C. TODT WITHDRAWS AS ATTORNEY FOR RESPONDENT AND JOEL B. EISENSTEIN ENTERS HIS APPEARANCE AS ATTORNEY FOR RESPONDENT AS PER MEMO. RZ

GAL gets sick in Oct 2008 and asks for trial to be rescheduled to Feb. 2009:

Hearing Continued/Rescheduled
ORDER REMOVING FROM TRIAL SETTING OF OCT. 29 AND 30TH, 2008 DUE TO ILLNESS OF GUARDIAN AD LITEM AND THE INABILITY TO COMPLETE DISCOVERY PRIOR TO THE TRIAL DATE BECAUSE OF ILLNESS AND RESET FOR TRIAL ON FEB. 23, 2009 AND FEB. 24, 2009 AS #1 SETTING AS PER MEMO. RZ
     Hearing Continued From: 10/29/2008;  9:01 AM Trial Setting
Motion for Continuance
OF TRIAL DATE, FILED. JG
     Filed By: BENICIA ANN BAKER-LIVORSI
10/13/2008 Motion for Continuance
     Filed By: BENICIA ANN BAKER-LIVORSI

of Course, Custodial Evaluations by “Dr. Gordon,” all round, and Dad pay the GAL $3,000 extra, please!

07/23/2008 Order
JUDGMENT/ORDER THAT PARTIES AND EACH CHILD TO BE EVALUATED BY DR. GORDON; PETITIONER TO PAY FOR EVALUATIONS; PETITIONER SHALL BE ENTITLED TO TAKE THE CHILDREN FOR 7 CONSECUTIVE DAYS; PETITIONER TO PAY GAL AN ADDITIONAL FEE OF $3000.00 WITHIN 30 DAYS; NEITHER PARENT SHALL DISCUSS THIS CASE WITH THE CHILDREN; PARENTS AND EVALUATOR SHALL HAVE ACCESS TO RECORDS AS PE RMEMO. RZ
07/17/2008 Notice of Hearing Filed
RE: GAL’S MOTIONS ON JULY 23, 2008
     Filed By: BENICIA ANN BAKER-LIVORSI
Motion Filed
GAL’S MOTION FOR ADDITIONAL FEES ON DEPOSIT, FILED. DG
     Filed By: BENICIA ANN BAKER-LIVORSI
Motion Filed
GAL’S MOTION FOR PSYCHOLOGICAL AND CUSTODIAL EVALUATION OF PARTIES AND CHILDREN, FILED. DG
     Filed By: BENICIA ANN BAKER-LIVORSI
07/07/2008 Notice of Hearing Filed
RE: PETITIONER’S REQUEST FOR PERMISSION TO REMOVE CHILDREN FROM THE JURISDICTION AND REQUEST FOR LEGAL CUSTODY AS IT PERTAINS TO EDUCATIONSL DECISIONS PENDENTE LITE ON JULY 23, 2008
     Filed By: DEBORAH JEAN TOMICH
Request Filed
PETITIONER’S REQUEST FOR PERMISSION TO REMOVE CHILDREN FROM THE JURISDICTION AND REQUEST FOR LEGAL CUSTODY AS IT PERTAINS TO EDUCATIONSL DECISIONS PENDENTE LITE, FILED. DG
     Filed By: JEFFREY M NAEGER
04/09/2008 Ord and Notice of Mediation
PARTIES TO COMPLETE MEDIATION BY JUNE 1, 2008. STEVEN B. HILLEMANN APPOINTED AS MEDIATOR. COPIES OF THE ORDER MAILED TO COUNSEL AND PARTIES AND MEDIATOR. CH
03/14/2008 Order Appointing GAL
JUDGMENT APPOINTING BENICIA BAKER-LIVORSI AS GUARDIAN AD LITEM AND PETITIONER TO PAY $2,000.00 FOR GAL FEES AS PER MEMO. RZ COPY MAILED TO GAL ON 3/14/08 JG
Order
JUDGMENT ON PROTECTIVE ORDER AS PER MEMO. RZ

This is Dad on Mom — he is the Petitioner for a Protective Order:

03/13/2008 Parent Education Complete
     Filed By: JEFFREY M NAEGER
Notice of Hearing Filed
RE: PETITIONER’S MOTION TO SHORTEN TIME AND MOTION FOR PROTECTIVE ORDER ON MARCH 14, 2008
     Filed By: DEBORAH JEAN TOMICH
Motion Filed
PETITIONER’S MOTION FOR PROTECTIVE ORDER, FILED. DG

Before filing a Protective Order, Dad requests a GAL:

Request Filed
PETITIONER’S REQUEST FOR GAL, FILED. DG
     Filed By: JEFFREY M NAEGER

Baker-Livorsi claims Retka then forwarded the article to  ParentAdvocates.org, which Baker-Livorsi describes as a group devoted to bashing divorce lawyers. She says that group reposted the article and accused her of participating in judicial corruption.

~ ~ ~ ~ ~ ~This family law group, LLC seems to be suing, a lot. — I’ll blog it (case dockets won’t fit here).

See, GALs have feelings, too . . . . . see courthousenews.com:
http://www.courthousenews.com/2012/08/03/48969.htm

ST. LOUIS (CN) – An attorney claims in court that Missouri Lawyer’s Weekly defamed him by grossly overstating how much she charged to serve as guardian ad litem in a family court case.
     Benicia Baker-Livorski and The Family Law Group [[see below]] sued Missouri Lawyer’s Weekly and Lisa E. Payne-Naeger, in City Court.

Payne-Naeger’s (the MOM’s)  attorney requested a guardian ad litem be appointed in Payne-Naeger’s divorce case, and Baker-Livorski was appointed, according to the complaint.
Missouri Lawyer’s Weekly reported that Payne-Naeger told it Baker-Livorski had charged $80,000 to be guardian ad litem, but she charged only $10,000, Baker-Livorski says in her complaint.

The weekly’s Sept. 27, 2011 article was written by Allison Retka, who is not a party to this complaint, Baker-Livorski says.
Prior to publishing the article, Allison Retka never verified the information that plaintiff Benicia Baker-Livorsi earned $80,000 as a GAL in a single case,” the complaint states. “She did not verify it through plaintiff Benicia Baker-Livorsi herself, the attorney for defendant Lisa Payne-Naeger (Joel Eisenstein), the attorney for the husband (Deborah Tomich), or, through Missouri Case.Net itself **- which is readily available to any member of the public and specifically states the amount of fees earned through the docket entries.”

[[*”Note: Remember that Case.net will only return information open to the public.”]]

Baker-Livorsi claims Retka then forwarded the article to ParentAdvocates.org, which Baker-Livorsi describes as a group devoted to bashing divorce lawyers. She says that group reposted the article and accused her of participating in judicial corruption.

~ ~ ~ ~ ~ ~This family law group, LLC seems to be suing, a lot. — I’ll blog it (case dockets won’t fit here).

all results read:   “This information is provided as a service and is not considered an official court record.”

(you can search by name on the site)
Date: 01/04/2011 Description: Judgment Entered Against: BAKER-LIVORSI, BENECIA
Amount of Judgment: $13,507.53 Date of Satisfaction: not yet on file
Text: JUDGMENT TRANSCRIBED FROM ST CHARLES COUNTY CASE NO 1011-CV04683.

ANOTHER ONE:

Judgment
Date: 03/19/2012 Description: Judgment Entered Against: MANDAGARAN, VALERIE A
Amount of Judgment: $1,668.23 Date of Satisfaction: not yet on file
Text: DEFAULT JUDGMENT IN FAVOR OF PLAINTIFF(S) AND AGAINST DEFENDANT(S) IN THE AMOUNT OF $918.75 PRINCIPAL, $349.48 INTEREST, $400.00 ATTORNEY FEES, $1,668.23 TOTAL PLUS COURT COSTS. SAID JUDGMENT TO BEAR INTEREST AT THE RATE OF 12.00% FROM AND AFTER THE DATE OF ENTRY OF JUDGMENT
THIS APPARENTLY ($1,668.23) WAS FOR Valerie’s previous divorce (without children) from a Douglas L. Effert who was (it seems) supposed to be sending her $600 a month.  WOW divorces without children are simpler !!!
MANDAGARAN, VALERIE A 10L6-FC00228  Petitioner VALERIE A EIFFERT V DOUGLAS L EIFFERT FC Dissolution- w/o Children 08/31/2010
TROY, MO Circuit 45 Lincoln Associate/Circuit Divisions

This “Valerie Mandagaran” has something re: Diego Mandagaran, so I looked him up (after noticing that one of his entries had his first name spelled “DEIGO” which would make it harder to locate (or not show up on a name search).  So, he pled guilty to statutory rape — the charge is 11/26/1997 which tells me right around a THANKSGIVING HOLIDAY — was sentenced 5 years and (naturally) was out within about a year.  I could be wrong — looks like something oin10/20/97 got consolidated or moved to something (same or different criminal charge?) on 11/26/1997 — I DNK….

Address on File Circuit County Location
MANDAGARAN, DIEGO GERMAN 11R019702536  Defendant ST V DIEGO GERMAN MANDAGARAN Criminal/Infract.-see Charges 10/20/1997
SAINT CHARLES, MO Circuit 11 St. Charles Criminal Associate Division
MANDAGARAN, DIEGO GERMAN 11R019702536-01  Defendant ST V DIEGO GERMAN MANDAGARAN Criminal/Infract.-see Charges 11/26/1997
SAINT CHARLES, MO Circuit 11 St. Charles Circuit Division
Displaying thru 2 of 2 records returned for parties with a name or alias of MANDAGARAN, for Criminal case types in ALL court locations.

[/spoiler]

So, look at the date of divorce (Valerie vs. this guy) (BEFORE convicted of statutory rape….)

Just for the record — Prisoners are a commoditiy in the larger economy as well, you have no idea….

Naeger divorce was a homeschooling high-profiler, but as the divorce seems to have happened with the kids were 14 and 16 …More at SCRANTON PT forum, under “federal lawsuit against AOC” (under lackawanna Family Court).

MISSOURI: Lisa Payne-Naeger on Divorce and the home-schooled kid

Ms. Payne-Naeger and her husband Jeff are in the St. Charles Missouri Superior Court seeking a divorce. At issue, among other things, is Ms. Payne-Naeger’s right to continue to home-school the children. She has apparently been home-schooling them for several years, but now that they are divorcing, her husband wants them pulled from her jurisdiction, and placed in a private school.

The children in question are teenagers, a boy and a girl, 16 and 14 years old respectively.

The law guardian (the attorney for the children) wants the mother to submit to tests to test her competence as a teacher. I wonder why after nine years he suddenly decides that his wife is incompetent at educating the children at home? Why did he wait till now that they are divorcing to raise this issue?

This family seems to have some affluence . . . .

 

“THE FAMILY LAW GROUP, LLC” that (with Ms. Baker-Livorsi) is suing Ms. Payne-Naeger is, in fact, Ms. Livorsi.  (wh

 

It’s an LLC formed in 2003.  I don’t know how often people have to file in Missouri — but this shows only ONE corporate filing.  Perhaps the LLC isn’t making enough to have to file a return???

Date: 8/7/2012  Filed Documents
(Click above to view filed documents that are available.)
Business Name History


Name Name Type
THE FAMILY LAW GROUP L.L.C. Legal

Limited Liability Company – Domestic – Information
Charter Number: LC0082566
Status: Active
Entity Creation Date: 4/28/2003
State of Business.: MO
Expiration Date: Perpetual

Registered Agent
Agent Name: BENICIA LIVORSI
Office Address: 433 JACKSON ST.
ST. CHARLES MO 63301
Mailing Address:

Organizers
Name: BENICIA LIVORSI
Address: 433 JACKSON ST.
ST. CHARLES MO 6330

 

 

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