Judge Elving has reached the point in his career where he obviously does not enjoy his job. His rulings on written motions appear based on research by a minimally qualified research attorney. His rulings on oral matters are apparently based on the state of the law in 1997, when he last practiced law. He never changes his initial rulings. He makes no apparent effort to seem interested in the issues before him. He shows no sign of life on the bench. He does not even look up when speaking or being spoken to. The only time he appears remotely interested is when he feels he is not being given the respect he believes he is due. He has made a good name for himself in the past, but it is obviously time for him to retire. Santa Clara County needs judges that will at least pretend to care, not crusty white male oligarchs who care for nothing but their inflated self image.
This judge is one of the worst in Santa clara county. He does not appeal to know any law at all. He appeals to be polite but in his heart he wants yell and curse. He wants to tell everyone that he is a KING. Get ride of this jerk. Why do we need a jerk sitting in the court.
Case-rigging Elfving is a clear-and-present danger to minorities. He streamlines their financial predation which fosters a toxic/racist environment that causes extreme marginalization and execution-style murders by 'law enforcement.'
I echo!! he DOES NOT WANT TO KNOW LAWS; he just want to be a KING. He ruled that all the questions from CA Form interrogatory from 1.0 to 2.10 are privacy and as plaintiff, am not allowed to request defendants to answer them. He is a crown and a joker in the court. What a shame!! He is a loser in the court!!
I am the mother of three beautiful girls. Two of my girls live with me in Virginia (as a result of court orders from Santa Clara), but Judge elfving awarded full custody of my (then) 3-year-old daughter to the father. He stated that while I, "did well, trying to represent myself against one of the top law firms in Santa Clara", father was better able to provide for our daughter. The six years since this ruling have been a nightmare. I continue to fight for my daughter and even though we have an order that allows me to visit our daughter, father flat-out refuses the visits. I was diagnosed with breast cancer, went through chemo, surgeries and am now cancer free. During the entire time, father refused to let me see our daughter. Now he has moved her to Canada, and I am fighting to re-gain my custody (which was 70% before Judge Elfving's ruling). I am hopeful that things will turn, but I still do not have an attorney and father does. The current judge (Rudy) consistently refers to the ruling by Judge Elfving, as it is now Gospel. I currently have an order that only gives me 9 hours every other month and i have to meet father half way, in NY. Dad and daughter live in Canada (against the order), I live in Virginia, and we are going to the California Court???? Cancer was a walk in the park, compared to fighting for the rights of my daughter to be in the lives or her sisters and mother. Heroine addicts in prison have more rights than me. One would think that I must be a horrible parent, without knowing that the same exact courts thought I was more than capable to raise my other two daughters. Father's bill, at the time of our ruling, for attorney's fees was $250,000. He bought our daughter and the right to completely alienate me. Judge Elfving signed the bill-of-sale. I continue to pray that someone will hear my story and take on the court on our behalf. The lives of my three daughters have been forever changed and they all are missing a piece of their souls that was taken that day. Father is a classic Narcissist and continues to gain enjoyment out of the punishments he bestows on us all. I know that our daughter will be back in my life, full-force (as opposed to having 9 hour long skypes and calls) when she is older and out from under her father's rule, but in the meantime there is irreversible damage being done. I have court in March. Countless friends, relatives, collegues and even my employers are going to testify on my behalf. They all say that the truth will prevail and our daughter will be allowed to enjoy the life she deserves, with all the people that love her, but I have no faith in the system. I continue to fight. I continue to hope and pray. I continue to stay strong. While I don't know what good it could possibly do, I hope that one day Judge Elfving will realize the destruction that he has reigned down on our family and the impact his brief involvement has had on our lives. We are forever changed. I doubt he even remembers my name, but he is the director of all my nightmares. I would suffer 100 more cancers if I knew I could go back and keep my children from having to live the life that Judge Elfving sentenced them to live.
Regarding a case involving the attica uprising, Elving was a judge of this case in 1992. He took a trip to Barbados in the middle of it, and then punished the jury by forcing them to work around the clock to reach a verdict after he was forced to return to work by his boss, the chief judge of the Western District, Michael Telesca. Clearly he has a long history of apathy regarding justice and the legal system.
Judge Elfving signed an ex parte custody order with out written disclosure being from the personal knowledge of the father, whom filed. Without disclosure of previous orders, which were 2005 and 2012 no custody or visitation for the father. Without any specific incidents regarding the child's safety or welfare without advisement to the courts that this order would change the status quo from no visits or custody for father to take all visits and contact with mother away. Without the current custody order attached to the ex parte request. Hearings are supposed to be within 21 days and my son was with a stranger (his father whom he did not know) for 45 days. After fighting to restore status quo we were given a new judge and the status quo was now based on the father having had sole custody and the mother getting supervised visits. We once again are restored to no custody and no visitation. My child and I were put through the single most traumatizing event of our lives. He should NOT BE PRACTICING LAW or Deciding cases at all. I doubt he even looked at the ex parte request prior to signing it.