MEMORANDUM

To: California State Bar Association

From: Leah Gordon
Date: December 24, 2017
Subject: Attachment to Complaint regarding attorneys Timothy N. Smith, Ed
Applbaum, and Kevin Polis

This is the body of the memo.

1. January 02, 2014: Initial meeting after which I retained Kevin Polis to represent me in Family
Court during a custody battle.

2. January 03, 2014: I emailed to Kevin Polis the Hospital ER report which discussed the
ligature marks that my son said we're from Daddy choking him and other statements about being
abused by his father. I stressed the urgency of obtaining medical records from my son's visit to Rady
Children's hospital's Chadwick Center on September 2nd 2013 for a forensic medical exam for
suspected sexual abuse.

3. January 13, 2014: I told Kevin Polis, "Dad is medically negligent, neglectful, and - they need
to get away from him asap. Would you let me know when we can discuss status? Those Sept,
Rady\Chadwick medical reports are very significant to get, as you know,"

4. January 17, 2014: I provided to Kevin Polis via email a list of my previous attorneys in
juvenile dependency and family court and the specific ways each had failed to protect my children.

5. January 20, 2014: Semi-retired family law attorney Ed Applbaum is hired as a consultant to
help with the case, and the obtaining of the medical records.

6. February 28, 2014: after making a child abuse report I had received a text message from my
ex-husband -- a social worker for the County of San Diego -- which read, "Another false allegation
filed by Leah. CPS called to let me know but get it now. It's not being investigated. Thinks there is
some conspiracy with CPS protecting me." In Court, Commissioner Darlene White opines that is "not
how she reads" the text, and it means nothing in the way of evidence in this court.

NOTE: I had evidence in this text message that CPS had informed the perpetrator that I had made a
report. I told my attorney that I needed to contact law enforcement about this illegal interception of a
child abuse report.
Kevin Polis replied to me, "I think the constant reporting will be badly looked upon by the corts
(sic)."

7. March 20, 2014: Kevin Polis denies my wish to seek a change of venue due to bias at the El
Cajon Court, saying;
"I have decided it is not in your favor to go ex parte to transfer the venue to downtown If it is
not granted then the judge is pissed off.
We don't want that."

8. March 23, 2014: Sent Kevin Polis an email with codes that seemed to indicate that we were in
the wrong Court location and that jurisdiction had changed and El Cajon was no longer the proper
Court. I suggested a change of venue, and Kevin Polis replied:
9. "As your lawyer I have advised against it, Your mother's lawyer advised against it, and at
some point you need to listen to my advice".

10. April 03, 2014: I informed Kevin Polis via email about a possible interview with a local
reporter from KGTV draw attention to the broken family courts and to my children's court-sanctioned
abuse. Kevin Polis' response: "I have advised you again and again to hold off on the accusations
regarding the abuse as you know this is why you lost custody."

11. On April 03, 2014: I emailed Kevin polis an assignment he's requested in which I was to list
15 incidence of child abuse and asked him about the status of our request to do a change of venue to
get us out of the corrupt East County Court. Kevin Polis replied,
12. "We talked and agreed was not changing location and requesting continuance. I'm on
vacation."

13. April 11, 2014: When I again mentioned the abuse of my children and the itemized list of 15
incidents, Kevin Polis replied
14. "Leah as discussed we are not going to mention that because it's not relevant to the case at
issue right now."

15. April 12, 2014: I received an email from Kevin Polis entitled, "This accidentally went to
Leah... Crap". Kevin Polis wrote:

16. "Ed
17. Don't get those reports until thus case is concluded
18. Tim and I have repeatedly told client that if she mentions child abuse to FCS or in court she
will lose the move away
19. She does not understand its not relevant to the move away
20. Tim went nuts on her trying to get her to understand this
21. I scheduled an ex parte for last Tuesday and was successful in continuing the move away to a
date not yet known
22. Trying to stall this as long as possible
23. The opposing counsel rubbed the judge wrong way by claiming res judicata
24. And using big legal words
25. He is younger and seems inexperienced
26. We have they going for us
27. We retained Dr robert Simon
28. Tim is respected good and well liked
29. We have this in our favor
30. We also have some ok facts
31. Dad is only letting client see kids at minimum
32. We have these things on our side
33. Client is her worst enemy
34. Move away is very specific as to legal principles we have to over come
35. We can't do this if client fucks it up for herself
36. Even after Tim and I went off on her as calmly as we could after court in the hallway for 30
min she continues to send us child molest info about kids and dad
37. She is ruining this
38. She is not taking our advice
39. Plus she is not paying the bills her mom is
40. Convey this to her
41. She can take up any child molest stuff after we do the move away
42. I need to speak to her therapist to convey this so they can work on that in her therapy

43. April 13, 2014: I wrote Kevin Polis, saying; "This stunned me and I keep reading it to see
what went wrong. Tim lied to me yesterday, said he had the report and it "didn't say what I thought it
was going to say". He swore he had this report. He's full of crap. I've been swindled
by so many attorneys I can see when something's not right. OH well.
But you threatened to quit my case so I have to do what you say even if I don't agree with it.
So, yeah, I'm on board.

44. April 13, 2014: I wrote again to Kevin Polis, saying: "It was at the courthouse - not yesterday
- at the courthouse Tim swore he had "seen" my son's report. And then you made me a pinkie
promise," referring to his promise to get the medical records for me.

45. April 13, 2014: Again, to Mr. Polis I wrote: "Also you say I "keep sending you info about the
molest" but YOU ASKED ME TO! You asked me for specific things, including 15 times my
children disclosed and I was not present/involved. You also asked me for a witness list.
Why do you make me sound CRAZY for sending you this stuff - as you requested it?
NOTE - I did what you asked me to do and I have NOT SENT TIM anything for at least a
month. So, why paint me out to be some crazy kook person who is randomly sending you stuff about
my children's abuse?Please at least clarify that. What changed? I am very confused.

46. April 13, 2014: Kevin Polis replied, "That was before Tim Ed and I discussed how to handle
the case . Call me tomorrow if u want clarification.
FYI no one lied to you and I told you he may have been confused as to what report he had
. f he has the one u want ill get it for u."
47. September 14, 2014: I emailed Kevin Polis saying: "Please obtain those Medical Records that
you pinkie promised me. They are CRITICAL and great lengths have been gone to by others to
prevent their discovery. NOW is the time. I hope you got that from the letter I sent you from jail.

48. 2014-09-15: Kevin Polis files a motion to be relieved as my attorney, tells me that he has, "I
have done all I can, I filed a witness list for you, I filed a points and authorities for you, I fled (sic)
your response to the upcoming RFO, I cananot acquire the doctor notes as you requested as you have
no legal custody."1

***

1 CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch.
162, Sec. 10. ) CA FAMILY CODE 3025. Notwithstanding any other provision of law, access to
records and information pertaining to a minor child, including, but not limited to, medical, dental, and
school records, shall not be denied to a parent because that parent is not the child's custodial parent.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)