CA CA - Modesto, WhtFem #UP58456,"Frosty Austin," Oct'18

[alucardsdream]

Found something for real! She's listed in this document as an employee hired by La Bahia Restaurant in Stockton, CA. Here's the relevant section (BBM):
"1. As previously found and discussed, I have determined that Respondent Armando Palacio, d/b/a La Bahia Restaurant, violated Section 1324a(a)(1)(B) of Title 8, 274A(a)(1)(B) of the Immigration and Nationality Act, in that it hired for employment in the United States after November 6, 1986, the following individuals without complying with the verification requirements in 8 U.S.C. Section 1324a(b)(1), Section 274A(b)(1) of the Act, and 8 C.F.R. Section 274A.2(b)(1)(ii):
Gaudalupe Avila
Maria R. Castaneda
Fortino N. Cortez
Maria de Consuelo Esparza
Liopoldo Angeles H. Gabriel
Francisco Gomez
Sandra B. Gomez
Maria R. A. Mandujano
Frosty O'Malley
Petra Pecheco
Rosa Velasquez Quiroz
Carmen Ramirez
Silvia Rivera
Margarita Sanchez
Brenda Vinson"
https://www.justice.gov/sites/default/files/eoir/legacy/1998/09/02/230.pdf

So there's your O'Malley name and a possibility she was an immigrant (from Ireland, I'd assume?)

I saw that yesterday and saved it, but I haven't been able to get any further since it doesn't give any other information about her. It does suggest that she was using Frosty as her legal name at this point. If O'Malley was her birth name, then she may not have been married before getting together with Donald Austin in 1991 or so. And while this filing suggests that she may not have been legally able to work in the US, it could mean that she was legal but the restaurant just failed to complete I-9 paperwork for her, which needs to be done for everyone, including US-born citizens. I poked around Lexis looking for more info on the case (I am actually a lawyer so use it pretty regularly) but haven't come up with anything else useful. This case is consuming my thoughts, though!

 

[Bit of hope]

Found something for real! She's listed in this document as an employee hired by La Bahia Restaurant in Stockton, CA. Here's the relevant section (BBM):
"1. As previously found and discussed, I have determined that Respondent Armando Palacio, d/b/a La Bahia Restaurant, violated Section 1324a(a)(1)(B) of Title 8, 274A(a)(1)(B) of the Immigration and Nationality Act, in that it hired for employment in the United States after November 6, 1986, the following individuals without complying with the verification requirements in 8 U.S.C. Section 1324a(b)(1), Section 274A(b)(1) of the Act, and 8 C.F.R. Section 274A.2(b)(1)(ii):
Gaudalupe Avila
Maria R. Castaneda
Fortino N. Cortez
Maria de Consuelo Esparza
Liopoldo Angeles H. Gabriel
Francisco Gomez
Sandra B. Gomez
Maria R. A. Mandujano
Frosty O'Malley
Petra Pecheco
Rosa Velasquez Quiroz
Carmen Ramirez
Silvia Rivera
Margarita Sanchez
Brenda Vinson"
https://www.justice.gov/sites/default/files/eoir/legacy/1998/09/02/230.pdf

So there's your O'Malley name and a possibility she was an immigrant (from Ireland, I'd assume?)

Wow....I think we are getting somewhere.....just a gut feeling.

 

[Bit of hope]

Or it's just a total made up name. Frosty O'Malley | Rum Therapy A frosty cold rum drink to help you celebrate St. Patrick’s Day! The recipe makes 4 servings, “May your home always be too small to hold all of your friends!”. Frosty O'Malley recipe - from the Corrigan Family Cookbook Family Cookbook
It seems to be a receipt from Kate Corrigan Ellis (the Corrigan cookbook) I can't open the link myself....and maybe this a complete BS lead....

 

[alucardsdream]

Or it's just a total made up name. Frosty O'Malley | Rum Therapy A frosty cold rum drink to help you celebrate St. Patrick’s Day! The recipe makes 4 servings, “May your home always be too small to hold all of your friends!”. Frosty O'Malley recipe - from the Corrigan Family Cookbook Family Cookbook
It seems to be a receipt from Kate Corrigan Ellis (the Corrigan cookbook) I can't open the link myself....and maybe this a complete BS lead....

Which could also explain why she was mentioned in the employment lawsuit...the government may have determined that no one with that name actually existed and it was simply one she chose to use. Ugh, what the heck was she trying to hide?

 

[UnlicensedPI]

Just speculation, but she could have been escaping an abusive marriage. She may have felt a pseudonym was the only way for her to guarantee her safety.

 

[Bit of hope]

United States Public Records, 1970-2009
Name: Frosty Omalley
Event Type: Residence
Event Date: 1 Nov 1992
Event Place: Stockton, San Joaquin, California, United States
Event Place (Original): Stockton, California, United States
Previous Residence: Stockton, California 95205
Previous Residence Postal Code: 95205

FamilySearch
Different spelling, but also resided in Stockton, where the restaurant La Bahia was, where she (a Frosty O'Malley) supposedly worked without proper papers. Wild speculation; Could this mean she came to America during that year/went under the radar or missing in that year from for instance Ireland.

 

[UnlicensedPI]

Donald filed a "Nullity without children" which I think is an annulment in 2013.
FullCourt Enterprise - Login

 

[Bit of hope]

Donald filed a "Nullity without children" which I think is an annulment in 2013.
FullCourt Enterprise - Login

I can't fully make out what this means...I can't open the page. Google says "an act or thing that is legally void" Is it nullity of a marriage or divorce? Is it something like a claim the marriage was not legal, due to a false name? Please explain.

 

[UnlicensedPI]

I can't fully make out what this means...I can't open the page. Google says "an act or thing that is legally void" Is it nullity of a marriage or divorce? Is it something like a claim the marriage was not legal, due to a false name? Please explain.

I think it means a marriage annulment, which is basically a divorce.

"A nullity case, commonly known as an annulment of marriage, is distinct from a divorce in that it essentially erases rather than dissolves the marriage. A Judgment of Nullity can only be granted based on proof of one of eight specific grounds: incapacity, force, fraud, unsound mind, prior existing marriage (or domestic partnership), an underage spouse, bigamy or incest."
Nullity Judgments and Other Divorce Alternatives in California | Bartholomew & Wasznicky LLP | Sacramento, California

 

[Bit of hope]

I think it means a marriage annulment, which is basically a divorce.

"A nullity case, commonly known as an annulment of marriage, is distinct from a divorce in that it essentially erases rather than dissolves the marriage. A Judgment of Nullity can only be granted based on proof of one of eight specific grounds: incapacity, force, fraud, unsound mind, prior existing marriage (or domestic partnership), an underage spouse, bigamy or incest."
Nullity Judgments and Other Divorce Alternatives in California | Bartholomew & Wasznicky LLP | Sacramento, California

Thank you very much! I understand now.

 

[Bit of hope]

Namus file says she was younger than 60 when she died in 2018, other sources say she was 68 (could also go along with a false identity) On some of her pictures she looks older then 60 to me.

 

[Laughing]

United States Public Records, 1970-2009
Name: Frosty Omalley
Event Type: Residence
Event Date: 1 Nov 1992
Event Place: Stockton, San Joaquin, California, United States
Event Place (Original): Stockton, California, United States
Previous Residence: Stockton, California 95205
Previous Residence Postal Code: 95205

FamilySearch
Different spelling, but also resided in Stockton, where the restaurant La Bahia was, where she (a Frosty O'Malley) supposedly worked without proper papers. Wild speculation; Could this mean she came to America during that year/went under the radar or missing in that year from for instance Ireland.

Actually, that report about the restaurant could have led to this listing -- it is a US Public Record and the term is broad.

No I-9 will indeed add you to that list.

And - even if she was born O'Malley/Omalley, she may not be Irish. I have cousins in South Africa, fought in the Boer War, returned home to marry sweetheart, returned to SA; cousins in Australia -- Sentenced, With Family, to Transportation; others in New Zealand, similarly.

Interesting situation, here!

JMHO YMMV LRR

These lists do help genealogists -- help us know where to look for other records!

 

[Bit of hope]

Donald filed a "Nullity without children" which I think is an annulment in 2013.
FullCourt Enterprise - Login

@UnlicensedPI in what state was this annulment filed and is there a particular reason mentioned in the court papers? Also there must have been a marriage on record somehow/somewhere,otherwise you didn't need an annulment...and why in 2013 I wonder.....

 

[Bit of hope]

Actually, that report about the restaurant could have led to this listing -- it is a US Public Record and the term is broad.

No I-9 will indeed add you to that list.

And - even if she was born O'Malley/Omalley, she may not be Irish. I have cousins in South Africa, fought in the Boer War, returned home to marry sweetheart, returned to SA; cousins in Australia -- Sentenced, With Family, to Transportation; others in New Zealand, similarly.

Interesting situation, here!

JMHO YMMV LRR

These lists do help genealogists -- help us know where to look for other records!

Actually, that report about the restaurant could have led to this listing -- it is a US Public Record and the term is broad.

No I-9 will indeed add you to that list.

And - even if she was born O'Malley/Omalley, she may not be Irish. I have cousins in South Africa, fought in the Boer War, returned home to marry sweetheart, returned to SA; cousins in Australia -- Sentenced, With Family, to Transportation; others in New Zealand, similarly.

Interesting situation, here!

JMHO YMMV LRR

These lists do help genealogists -- help us know where to look for other records!

You are probably right that the I-9 situation lead to this registration. Yes, she could have come from anywhere..... my initial guess for Ireland is bases mostly on the Frosty O'Malley recipe, a rum drink for St.Patrick's day.

 

[Laughing]

@UnlicensedPI in what state was this annulment filed and is there a particular reason mentioned in the court papers? Also there must have been a marriage on record somehow/somewhere,otherwise you didn't need an annulment...and why in 2013 I wonder.....

Old genealogist here.

The paperwork for this court case should/may include the date & location of the attempted marriage. Record of the annulment would be sent to the holder of that marriage record & attached.

Why did Donald bother with an annulment?

Possibly to clarify a perceived common law marriage situation, does California recognize that?
Possibly for financial protection for Donald's children in the event of his death
Possibly for financial protection for "Frosty"and his children. Years ago, a colleague's husband started to show symptoms of a neurological disorder that occurred in his family. He had worked hard & accumulated a reasonable nest egg for his wife & children.

The couple filed for divorce, quietly, agreed that the wife would retain all assets.

You couldn't tell from their lives that anything had changed.

Eventually, he needed to move into a nursing home.

He qualified for every form of state & federal assistance because he had owned only an older model pickup truck for several years....

 

[UnlicensedPI]

@UnlicensedPI in what state was this annulment filed and is there a particular reason mentioned in the court papers? Also there must have been a marriage on record somehow/somewhere,otherwise you didn't need an annulment...and why in 2013 I wonder.....

It was filed in California. I'm not sure the court papers are available online, just general descriptions of what was filed

 

[annemc2]

@Laughing, you mean "seasoned" genealogist, right?

 

[Laughing]

@annemc2 , well, Eisenhower was in the White House when I arrived on the scene.

Mr. Laughing took my microfiche reader to a recent household electronic waste drop-off.

Stubborn genealogist, seasoned, old, frustrated, many modifiers apply!

Wanna find a legal name fore this lady!

 

[Laughing]

It was filed in California. I'm not sure the court papers are available online, just general descriptions of what was filed

Anyone available to go to the courthouse & pick up a copy for us???

 

[Bit of hope]

Anyone available to go to the courthouse & pick up a copy for us???

Sorry, I live on the other site of the ocean.....