It’s devastating enough for a domestic violence survivor to face legal battles while trying to rebuild her life, but it becomes even more harrowing when the abuse continues—even after the abuser has passed away. In Melanie Middien’s case, this nightmare became her reality., John J. Gilligan of Gilligan, Frisco & Trutanich, LLP, in coordination with First American Title Company, sent foreclosure notices to her home up to six times a day, pretending her deceased abuser, Matthew Rader, was still alive. This foreclosure campaign, carried out while knowing that Melanie and her children had a restraining order against Rader, represents a disturbing abuse of the legal system and a shocking case of posthumous harassment.
Chased by Debt in Every Court: Family, Probate, Bankruptcy, and Civil
Melanie’s legal ordeal began after she filed for divorce in 2017 to escape her abuser. But instead of finding safety and justice, she found herself entangled in a relentless pursuit of debt collection across multiple courts—family, probate, bankruptcy, and civil law. Each step of the way, Melanie faced harassment and legal actions from her abuser’s representatives, including attorney John J. Gilligan and Daniel Nishiyama, her abuser’s second attorney, who seemed determined to break her financially and emotionally.
Her current legal battle case 21STCV10774 and 21STCV07803 are just the latest chapter in this ongoing saga. In Gilligan’s civil case, despite having already proven domestic violence in family law case BD654233, the court tried Melanie again as if her past abuse were up for debate. The court’s insensitivity was staggering, essentially blaming her for her own abuse, painting her as a “contentious dueling ex-spouse,” and allowing the foreclosure of two community properties to settle an excessive $502,000 fee, far surpassing the $151,000 claim.
Abuse From Beyond the Grave: A Disturbing Legal Strategy
Even more shocking is the fraudulent nature of the foreclosure action itself. Gilligan and First American Title Company proceeded with a non-judicial foreclosure, pretending that Matthew Rader was still alive, even though he had passed away on August 29, 2020. This wasn’t an administrative mistake; it was a deliberate form of gaslighting. These foreclosure notices, bombarding her mailbox daily, were a grim reminder of the control her abuser still exerted from beyond the grave.
What makes this case even more egregious is that Judge Wendy Chang—who presided over the Gilligan civil case—overlooked this extrinsic fraud. By allowing the foreclosure to proceed without addressing the fraudulent claim that Rader was still alive, the court legitimized the harassment and opened the door for further abuse.
Insensitivity and Re-Victimization in Court
Throughout this ordeal, Melanie has faced not just legal challenges but a deep lack of sensitivity from the courts. In family court, she had already proven her status as a victim of domestic violence, but when the civil case commenced, it was as if none of that mattered. The court effectively retried her for the same abuse, disregarding her previous victory in family law case BD654233.
This insensitivity extended into Judge Chang’s ruling in case 21STCV07803, where instead of protecting the rights of a domestic violence survivor, the court appeared to punish Melanie. The ruling blamed her for her own abuse and treated the ongoing legal harassment as though it were a standard financial dispute, ignoring the years of trauma and the restraining order in place.
A Broken Legal System: Where Does the Abuse End?
Melanie’s story reveals a legal system in crisis. Despite restraining orders, proven abuse, and a deceased abuser, the legal machinery has allowed her to be financially and emotionally tormented for years. John J. Gilligan should have been held accountable for his actions, but instead, he was allowed to collect excessive legal fees and continue foreclosures on community property under fraudulent pretenses.
The abuse didn’t stop at family court—it followed her to probate, bankruptcy, and now civil court, showing just how easily the legal system can be manipulated to perpetuate harm against domestic violence survivors. Nishiyama is pursuing her in bankruptcy court where she is finding little relief.
The Need for Judicial Accountability
As Melanie’s appeal in the Gilligan case moves forward, there is still a chance for the courts to correct these injustices. Judge Wendy Chang’s failure to address the extrinsic fraud and the court’s overall insensitivity to Melanie’s ordeal must be revisited. The courts should not allow themselves to be used as tools of continued abuse, especially when the constitutional rights of a domestic violence survivor are being trampled.
Melanie Middien deserves more than just an appeal—she deserves justice. And until the courts and the State Bar of California hold John J. Gilligan & Daniel Nishiyama and others accountable for their actions, domestic violence survivors like Melanie will continue to be at risk of further harm through the legal system.