Counterclaim Example

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John Doe 2179 Berrett Street Santa Monica, Republic of California authorized representative/proper SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES PEOPLE OF THE STATE OF CALIFORNIA

)

Matter no. LCR-58777436

) Plaintiff

) ) ) ) ) )

Vs. JOHN DOE ) Defendant John Doe

) ) )

Counter Plaintiff Vs.

) ) )

) SONOMA COUNTY SHERIFF, ) SUPERIOR COURT OF CALIFORNIA, ) COUNTY OF SONOMA, CA.DMV,George ) Valverde, Arnold Schwarzenegger, Dale Bonner,) Bill Cogbill, Brad James, Virginia Marshall , )

COUNTER CLAIM, Exhibits;

1 Does 1-50 2 ___________________________________________________________________________ 3 COUNTERCLAIM 4

SUMMARY

5 I, John Doe, Sui Juris, one of the people of California1, in this court of record2 claim that the 6 LOA ANGELES COUNTY SHERIFF’s OFFICE and the SUPERIOR COURT OF CALIFORNIA, 7 LOS ANGELES COUNTY, STATE OF CALIFORNIA, DMV, Bill Coos, Brad Smith (SD 487), 8 Virginia Marshall, George Valverde, Arnold Schwarzenegger, Dale E. Bonner, and does 1-50 9 (unknown sheriff deputies at booking) have trespassed upon me, the above named being a party to my 10 being falsely arrested, denying me my liberty, and having no jurisdiction over me. I am unschooled in 11 the ways of court and my claim shall be held to a lesser standard than that of an attorneys3. I claim 12 damages of $100,000 (one hundred thousand dollars) from each flesh and blood party and $1,000,000 13 (one million dollars) from each corporation, for my injury as outlined in my contract “THIS IS A 14 LEGAL NOTICE AND DEMAND”(26 pages) recorded in the public record and sent to the DMV on 15 March 24th, 2010, and the instruments sent as presentments to the DMV dated 2/09/10, and 3/23/10. 11

"...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns 2without subjects...with none to govern but themselves....". CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL 3(1793) pp471-472. 4"It is the public policy of this state that public agencies exist to aid in the conduct of the people's business....The people of this state do not 5yield their sovereignty to the agencies which serve them." California Government Code, Section 11120. verified Bagley-Keene Open 6Meeting Act. 7“Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are 8delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and 9acts.” Yick Wo v. Hopkins 118 U.S. 356; 6 S.Ct. 1064 (1886)

10 112 . The court of record must meet all of the following requirements: 12 A. The tribunal is independent of the magistrate (judge) [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte 13Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689][Black's Law 14Dictionary, 4th Ed., 425, 426] 15 B. Proceeding according to the common law [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 168 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689][Black's Law 17Dictionary, 4th Ed., 425, 426] 18 C. Power to fine or imprison for contempt [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 19Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689][Black's Law Dictionary, 204th Ed., 425, 426] 21 D. Keeps a record of the proceedings [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; 22Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 23N.E. 229, 231] 24 E. Generally has a seal [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte 25Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 26231.][Black's Law Dictionary, 4th Ed., 425, 426] 27CALIFORNIA CONSTITUTION ARTICLE 6 JUDICIAL SEC. 1. The judicial power of this State is vested in the 28Supreme Court, courts of appeal, and superior courts, all of which are courts of record.

29 303“ We cannot say with assurance that under the allegations of the pro se complaint, which we hold to less stringent 31standards than formal pleadings drafted by lawyers, it appears [404 U.S. 521] "beyond doubt that the plaintiff can prove no 32set of facts in support of his claim which would entitle him to relief."” Haines vs. Kerner 404 U.S. 519 [1971]

1 The damages can be satisfied pre-trial as a settlement wherein a wet-ink signed letter from the current 2 acting Sheriff, Bill Cogbill, the presiding judge Gary Nadler of the SUPERIOR COURT OF 3 CALIFORNIA, LOS ANGELES COUNTY, and the STATE OF CALIFORNIA, DMV’s agent 4 George Valverde each apologize to John Doe for the false arrest and incarceration along with a total 5 payment of the sum certain of $5,000 (five thousand dollars), and an order from same to not arrest or 6 charge me (John Doe, nor the ens legis (JOHN HENRY DOE), in the future for any DMV related 7 issues to be recorded by the LOS ANGELELS COUNTY RECORDER, unless I injure someone while 8 operating a car, van, truck or motorcycle. 9

I. JUDICIAL COGNIZANCE

10 1 This Constitutional Court4 takes judicial cognizance and decrees as follows: 11 2 JUDICIAL COGNIZANCE. Judicial notice, or knowledge upon which a judge is bound to act 12 without having it proved in evidence. [Black's Law Dictionary, 5th Edition, page 760.] 13 3. "It is the public policy of this state that public agencies exist to aid in the conduct of the people's 14 business...The people of this state do not yield their sovereignty to the agencies which serve them." 15 [California Government Code, Section 11120.] 16 4. Any judicial record may be impeached by evidence of a want of jurisdiction in the Court5 or judicial 17 officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the 18 proceedings. [California Code of Civil Procedure, Section 1916] 19 5. "...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of 20 the country, but they are sovereigns without subjects...with none to govern but themselves....". 21 CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472. 22 6. "The very meaning of 'sovereignty' is that the decree of the sovereign makes law." American 23 Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann.Cas. 1047. 14 COURT. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more 2officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal 3rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the 4course of law at times and places previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 51067, 1070; Black's Law Dictionary, 4th Edition, page 425]

6

5

7

FRCP> Rule 9.> Pleading Special Matters 8(a) Capacity or Authority to Sue; Legal Existence. 9(1) In General. Except when required to show that the court has jurisdiction, a pleading need not allege: 10(A) a party’s capacity to sue or be sued; 11(B) a party’s authority to sue or be sued in a representative capacity; or 12(C) the legal existence of an organized association of persons that is made a party. 13(2) Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that 14are peculiarly within the party’s knowledge. [sovereign common law freeman-reason enough- no injured party-jD]

15

1 7. “The following persons are magistrates: ...The judges of the superior courts...." California Penal 2 Code, Sec. 808. 3 8. "Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to 4 cause a free man to lose his court." Magna Carta, Article 34. 5 9. CCP 1209. (a) The following acts or omissions in respect to a court of justice, or proceedings 6 therein, are contempts of the authority of the court: 7 5. Disobedience of any lawful judgment, order, or process of the court; 8 8. Any other unlawful interference with the process or proceedings of a court; 9 11. Disobedience by an inferior tribunal, magistrate, or officer, of the lawful judgment, order, or 10 process of a superior court6, or proceeding in an action or special proceeding contrary to law, after such 11 action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate, or 12 officer. 13 12. The Constitutional Court takes Judicial Cognizance of the attached “points and authorities”. 14 13. I, John Doe have claimed the common law as is my right, but since the Sheriff, DMV, and the 15 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES is predisposed to legislated 16 acts I show them as evidence of the lack of jurisdiction to proceed under those rules as well. 17

II. SUPPORTING FACTS

1.18Sheriff’s deputy Brad Smith (SD 487) trespassed on me by arresting me on my own property for ”failure 19 to Identify myself” and accused me of “driving” a “motor vehicle” without a DMV license without any 20 knowledge of who I was at the time. 21 2.

Sheriff’s deputies at the MAIN BOOKING FACILITY trespassed upon me by stating I would be

22 physically forced by multiple sheriffs to take my fingerprints to I.D. me, establishing threat and duress 23 against my clear vocal refusal to give consent, and those fingerprints were used to allegedly identify 24 me7 as I refused to I.D. myself and verbally claimed my 5th amendment right.

16 “The only inherent difference ordinarily recognized between superior and inferior courts is that there is a presumption in 2favor of the validity of the judgments of the former, none in favor of those of the latter, and that a superior court may be 3shown not to have had power to render a particular judgment by reference to its record. Ex parte Kearny, 55 Cal. 212. Note, 4however, that in California ‘superior court’ is the name of a particular court. But when a court acts by virtue of a special 5statute conferring jurisdiction in a certain class of cases, it is a court of inferior or limited jurisdiction for the time being, no 6matter what its ordinary status may be. Heydenfeldt v. Superior Court, 117 Cal. 348, 49 Pac. 210; Cohen v. Barrett, 5 Cal. 7195” 7 Cal. Jur. 579 8 97 There was a handy cam recording the event by a sheriff’s deputy and John Doe was told the event was being recorded.

1 3.

Virginia Marshall after being challenged8 on the her courts claim of jurisdiction, and her claim to

2 have lawful ‘oath of office’ and ‘bond’ in place, plead “not guilty” on the behalf of the defendant, and 3 failed to grant me, John Doe, my right of liberty without the extortion of bail. 4 4.

The SUPERIOR COURT OF CALIFORNIA, LOS ANGELES COUNTY falsely stated in the

5 court minutes that the “defendant” plead “not guilty” a fraud upon the court, that the defendant was 6 present without any proof after “John ” stated “ John ” was not the defendant and “John Doe’s” 7 statement went unrebutted and “John Doe” was held as surety for the defendant, incarcerated. 8 5.

That I have a contract9 with the STATE OF CALIFORNIA DEPARTMENT OF MOTOR

9 VEHICLES that I can “travel” in my cars, vans, trucks, motorcycles without a DMV issued License as 10 long as I am not getting paid to transport people or cargo while traveling. 11 6.

That Sheriff Brad Smith (SD 487) had no probable cause10 to stop and present himself on my

12 property and ask me if I was “driving” on a suspended license. 13 7.

That Sheriff Brad Smith (SD 487) had no jurisdiction under CALIFORNIA GOV CODE

14 §2661311 to present himself for enforcement of any Vehicle Code violation in Orange County. 15 8.

That Sheriff Brad James (SD 487) had a lawful ‘oath of office’ and ‘bond’ required under the

16 California Constitution without which he cannot act as an officer of the State of California. 17 9.

That the SUPERIOR COURT OF CALIFORNIA,COUNTY OF SONOMA has trespassed

18 against me without the required evidence of a “corpus delecti”.12 19 10.

That the vehicle code was ever lawfully enacted as “law” and is not a legislated act that is by

20 definition “color of law”.13 18 See the back side of JHD SoCo 8 (the statement read into the record), and affidavits JHD SoCo 9 both sides. 2“We have no more right to decline the exercise of jurisdiction which is given than to usurp that which is not given. The 3one or the other would be treason to the constitution.” quoted from Marshall in footnotes of United States v. Will, 449 4U.S. 200 (1980) 59 See JSK SoCo-1, JSK SoCo-2, Proof of Service sent to Arnold Schwarzenegger

610 VEH §12801.5.

(e) Notwithstanding Section 40300 or any other provision of law, a peace officer may not detain or arrest a person 7solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 8the age of 16 years. 9 1011GOV §26613 Notwithstanding the provisions of Section 29601 the board of supervisors in a county having a population in excess of 113,000,000 may authorize the sheriff to enforce the provisions of the Vehicle Code in the unincorporated area of such county but only 12upon county highways. [los angeles is the only county with more than 3 million] 13 1412 “In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.” People v. 15Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185. 16“The corpus delicti consists of two elements, namely, (1) the injury or loss or harm; and (2) a criminal agency causing them to exist. 17(People v. Frey, 165 Cal. 140, 146 [131 P. 127]; Iiams v. Superior Court, 236 Cal.App.2d 80, 82 [45 Cal.Rptr. 627]” . People v. Wong 18(1973) 35 Cal.App.3d 812 [111 Cal.Rptr. 314] verified 19 2013 COLOR OF LAW: The appearance or semblance,without the substance, of legal right. State v. Brechler, 185 Wis. 599, 202 N.W. 21144,148 (Blacks law 4th pg 331)

1 11.

That the DMV did not change the computer records to reflect that I, John Doe had a right to

2 travel and that my contract with them had terminated upon filing DMV form 142. 3 12.

That Sheriff Bill Cogbill received a sworn declaration dated August 31st and failed to rebut my

4 claim of rights and is therefore liable for dishonoring the presentment. 5 13.

That I was not “driving” a “motor vehicle”14 when arrested as legally defined.

6 14.

That the alleged “arraignment” on June 2nd was conducted lawfully.

7 15.

That even though I stated “I do not believe there is a sworn complaint against me “John” no

8 lawful charging instrument15 was produced prior to or after demanding the defendant plea. 9 16.

That after being denied authority to speak on the behalf of the ‘defendant’ by the authorized

10 representative of the ‘defendant’ ( John Doe), Virginia Marshall had any lawful authority to represent 11 the ‘defendant’ by entering a plea of “not guilty”. 12 17.

That under the California Constitution the alleged ‘arraignment’ was held by an elected judge16.

13 18.

That without a court reporter present for a transcript the alleged ‘arraignment’ was held in a

14 ‘court of record’ as required. (See footnote 2 above). 15 19.

That under the lawful enacted (by the people) 1849 California Constitution the SUPERIOR

16 COURT OF CALIFORNIA, COUNTY OF LOS ANGELES is not an agency of the dejure 17 Government of the Republic of California, as it is a corporation distinct from the dejure government. 114 (6)''Motor vehicle'' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for 2commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo; (10) Used for 3commercial purposes. The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, 4charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. Title 18 5USC section 31, Part 1, chapter 2, see below

6CA VEH §260. (a) A "commercial vehicle" is a motor vehicle of a type required to be registered under this code used or 7maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for 8the transportation of property. VEH §15210 definitions 7- In the absence of a federal definition, existing definitions under 9this code shall apply. 10VEH §21052. The provisions of this code applicable to the drivers of vehicles upon the highways apply to the drivers of all 11vehicles while engaged in the course of employment by this State, any political subdivision thereof, any municipal 12corporation, or any district, including authorized emergency vehicles subject to those exemptions granted such authorized 13emergency vehicles in this code. [Added 1959 ch. 3.] [does not say they apply to anyone not employed by the State] 14 1515 CA. PEN §740. Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written 16complaint under oath subscribed by the complainant. Such complaint may be verified on information and belief. 17FRCrimP Rule 10. Arraignment (a) In General. An arraignment must be conducted in open court and must consist of: (1) ensuring that 18 the defendant has a copy of the indictment or information;

19 2016 Cal Constitution Art 6, 16 (b) Judges of superior courts shall be elected in their counties at general elections except as 21otherwise necessary to meet the requirements of federal law. 22Art. 6, §21. [Temporary Judges] On stipulation of the parties litigant the court may order a cause to be tried by a temporary 23judge who is a member of the State Bar, sworn and empowered to act until final determination of the cause.

1 20.

There is no proof of claim that I, John Doe have broken any law17 as under the four forms of law

2 granted in the U.S. Constitution only Common Law and Admiralty have a criminal action element, in 3 Admiralty it requires an international contract to exist and no such contract has been presented and 4 Common Law requires a physical injury and none exists. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

21. That the SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES and all agents thereof have a pecuniary interest in any fine/fee/bail paid to it on behalf of the defendant under the thrust of the Lockyer/Isenberg Trial Court Funding Act of 1998 and as such every matter tried contains a conflict of interest and extortion element. 22. That the SUPERIOR COURT OF CALIFORNIA,COUNTY OF LOS ANGELES located at 600 administration drive, Santa Monica, CA 96703 is part of the lawful dejure Republic of California government and not Doing-Business-As a private corporation18 with a FEIN # ?? ???????? and is not a Foreign Trade Zone per GOV §6303 and was not abolished during the 8th session of the California Legislature, CH 67, 1858. 23. That I, John Doe was detained and incarcerated against my will and without my consent from approximately 12 pm Sunday May 30th, 2010 until Wednesday June 2nd, 2010 at approximately 6pm. 24. That the Sonoma County Superior Court, The Judicial Council of California located at 600 administration drive, Santa Rosa, CA 95403 is a private company and not part of the lawful dejure Republic of California government and has no jurisdiction to enforce it’s policy on any one of the people of the Republic of California and enforce that policy with threat of violence. 25. That I demanded to be taken before a magistrate while in the Sheriff’s booking area and was denied my demand in violation of GOV §2660119 nor was any phone call or access to counsel allowed. 26. That any judge proceeding against me pursuant to UCC 3-501 make due presentment of the instrument claimed showing proof of claim of my liability with their signature upon it and tender to me copies of all associated bonds (Bid, Performance or Payment Bonds) attached to SCR-583896, and the 1099 OID document associated with said bonds as this taxable transaction must be reported to the IRS and an appropriate adjustment of the account executed to Public Police HJR 192, Public Law 73-10, and TWEA of Title 50 U.S.C.

29 DISCUSSION AND CONCLUSIONS OF LAW 30 In our systems of jurisprudence our courts have no jurisdiction until a party comes forth and declares a 31 cause needing resolution. In this matter the jurisdiction is at [common] law in a court of record under 32 the sovereign authority of a people of the State of California. It is essential to understand what are a 33 sovereign, a magistrate, a court, and a court of record. The State of California, and the United States 34 of America have no general sovereignty, and have NO sovereignty in relation to the people who as

117 See Conditional Acceptance duly presented to Stephen Passalaqua on June 9th, 2010. 218 GOV §53050. The term "public agency," as used in this article, means a district, public authority, public agency, and any 3other political subdivision or public corporation in the state, but does not include the state or a county, city and county, or 4city. 519 GOV §26601. The sheriff shall arrest and take before the nearest magistrate for examination all persons who attempt to 6commit or who have committed a public offense.

1 sovereigns created them20. It is by the choice of the sovereign21 whether and how a court is authorized 2 to proceed. In this case, the chosen form by the Counter-Plaintiff is a court of record. The magistrate 3 is a person appointed or elected to perform ministerial service in a court of record22. His service is 4 ministerial because all judicial functions in a court of record are reserved to the tribunal, and, by 5 definition of a court of record, that tribunal must be independent of the magistrate. The non-judicial 6 functions are "ministerial" because they are absolute, certain and imperative, involving merely 7 execution of specific duties arising from fixed and designated facts. In this instance, the Inferior 8 Court23 is not a court of record. Its proceedings and judgments are subject to collateral attack from the 9 Constitutional Court.24 The Inferior Court has dishonored the Constitutional Court and acted without 10 lawful process repeatedly when Virginia Marshall abandoned the position of ‘magistrate’ and 11 functioned as a tribunal over the objection of Constitutional Court. 12 Witness the hand and Seal of the Constitutional Court: 13

Without Prejudice,

14

By:________________

15

authorized representative

120 “We the People… do ordain and establish.." Preamble to U.S.Constitution 2Republican government. One in which the powers of sovereignty are vested in the people and are exercised by the people, 3either directly, or through representatives chosen by the people, to whom those powers are specially delegated. In re Duncan, 4139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627." Black's Law 5Dictionary, Fifth Edition, p. 626.

621 COURT. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or 7more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding 8legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in 9the course of law at times and places previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 10S.W.2d 1067, 1070; Black's Law Dictionary, 4th Edition, page 425]

11 1222 Long v. Seabrook, 260 S.C. 562, 197 S.E.2d 659, 662; Black's Law Dictionary, Fifth Edition, p 899 1323 “Inferior courts” are those whose jurisdiction is limited and special and whose proceedings are not according to the course 14of the common law.” Ex Parte Kearny, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652 15 1624 “The only inherent difference ordinarily recognized between superior and inferior courts is that there is a presumption in 17favor of the validity of the judgments of the former, none in favor of those of the latter, and that a superior court may be 18shown not to have had power to render a particular judgment by reference to its record. Ex parte Kearny, 55 Cal. 212. Note, 19however, that in California ‘superior court’ is the name of a particular court. But when a court acts by virtue of a special 20statute conferring jurisdiction in a certain class of cases, it is a court of inferior or limited jurisdiction for the time being, no 21matter what its ordinary status may be. Heydenfeldt v. Superior Court, 117 Cal. 348, 49 Pac. 210; Cohen v. Barrett, 5 Cal. 22195” 7 Cal. Jur. 579 23 24 25 26 27 28 29

1

Seal

2 3 POINTS AND AUTHORITIES 4 5 THE COURT, on its own motion, takes judicial notice of the following: 6 1. All items mentioned in California Evidence Code Sections 451 and 452, [among which is included 7 the Federal Rules of Civil Procedure]. 8 2. "It is the public policy of this state that public agencies exist to aid in the conduct of the people's 9 business....The people of this state do not yield their sovereignty to the agencies which serve them." 10 California Government Code, Section 11120. verified Bagley-Keene Open Meeting Act. 11 12 13 14

3. "In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business....The people of this State do not yield their sovereignty to the agencies which serve them." California Government Code Section 54950.

15 4. "...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of 16 the country, but they are sovereigns without subjects...with none to govern but themselves....". 17 CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472. 18 19 20 21

5. “Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.” Yick Wo v. Hopkins 118 U.S. 356; 6 S.Ct. 1064 (1886)

22 5a. "The very meaning of 'sovereignty' is that the decree of the sovereign makes law." American 23 Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann.Cas. 1047. 24 25 26 27

6. "The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative." Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls Sec. 167; 48 C Wharves Sec. 3, 7.

28 7. "....This declaration of rights may not be construed to impair or deny others retained by the people." 29 California Constitution, Article 1, Declaration Of Rights Sec. 24. 30 31 32 33 34

8. “In this country, written constitutions were deemed essential to protect the rights and liberties of the people against the encroachments of power delegated to their governments, and the provisions of Magna Charta were incorporated into Bills of [110 U.S. 532] Rights. They were limitations upon all the powers of government, legislative as well as executive and judicial” .Hurtado v. California, 110 US 516.

1 9. "The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the 2 name of local practice." Davis v. Wechsler, 263 US 22, 24. 3 10. “Where rights secured by the Constitution are involved, there can be no rule making or legislation 4 which would abrogate them." Miranda v. Arizona, 384 US 436, 491. 5 11. "There can be no sanction or penalty imposed upon one because of this exercise of constitutional 6 rights." Sherer v. Cullen, 481 F 946. 7 12. "Whereas, the people of California have presented a constitution....and which, on due examination, 8 is found to be republican in its form of government...." Act [of Congress] for the Admission of 9 California Into the Union, Volume 9, Statutes at Large, Page 452. 10 11 12 13

13. Republican government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 21 wall. 175,22 L. Ed. 627" Black's Law Dictionary, Fourth Ed., p.824.

14 14. "The State of California is an inseparable part of the United States of America, and the United 15 States Constitution is the supreme law of the land." California Constitution, Article 3, Sec. 1. 16 17 18 19 20

15. "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Constitution for the United States of America, Article VI, Clause 2.

21 22 23 24 25

16. A “court of record” is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and preceding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial. Jones v Jones 188 Mo. App. 220, 175 S.W. 227,229: Ex parte Gladhill, 8 Metc. , Mass. , 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406,155 N.E. 688, 689 - Blacks 4th pg426

26 17. The following persons are magistrates: ...The judges of the superior courts...." California Penal 27 Code, Sec. 808. 28 29 30 31

18. "'...our justices, sheriffs, mayors, and other ministers, which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgement in all their points, that is to wit, the Great Charter as the common law....' Confirmatio Cartarum, November 5, 1297" "Sources of Our Liberties" Edited by Richard L. Perry, American Bar Foundation.

32 19."Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as 33 to cause a free man to lose his court." Magna Carta, Article 34. 34 20. "We cannot say with assurance that under the allegations of the pro se complaint, which we hold to 35 less stringent standards than formal pleadings drafted by lawyers, it appears 'beyond doubt that the

1 plaintiff can prove no set of facts in support of his claim which would entitle him to relief.' Conley v. 2 Gibson, 355 U.S. 41, 45-46 (1957). See Dioguardi v. Durning, 139 F.2D 774 (CA2 1944)." Haines v. 3 Kerner, 404 U.S. 519. 4 21. An act of the court shall prejudice no man. Jenkins' Eight Centuries of Reports, 118; Brooms Legal 5 Maxims, Lond. ed. 115; 1 Strange's Reports, 126; 1 Smith's Leading Cases, 245-255; 12 English 6 Common Bench Reports by Manning, Granger, & Scott, 415 7 22. “In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or 8 elements of the crime.” People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185. 9 23. Constitution Ammendment 6 “In all criminal prosecutions, the accused shall have the right to a 10 speedy and public trial….and to be informed of the nature and cause of the accusation;….” 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42

24. CALIFORNIA CONSTITUTION ARTICLE 6 JUDICIAL SEC. 1. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. 25. “Even in almost every nation, which has been denominated free, the state has assumed a supercilious pre-eminence above the people who have formed it. Hence, the haughty notions of state independence, state sovereignty, and state supremacy” Chisholm v. Georgia, 2 Dal. (U.S.) 419, 458 (1792)

Justice Wilson,

26. "'Sovereignty' means that the decree of sovereign makes law, and foreign courts cannot condemn influences persuading sovereign to make the decree." Moscow Fire Ins. Co. of Moscow, Russia v. Bank of New York & Trust Co., 294 N.Y.S. 648, 662, 161 Misc. 903. 27. “ It is one thing to find that the Tribe has agreed to sell the right to use the land and take valuable minerals from it, and quite another to find that the Tribe has abandoned its sovereign powers simply because it has not expressly reserved them through a contract. To presume that a sovereign forever waives the right to exercise one of its powers unless it expressly reserves the right to exercise that power in a commercial agreement turns the concept of sovereignty on its head.” MERRION ET AL., DBA MERRION & BAYLESS, ET AL. v. JICARILLA APACHE TRIBE ET AL. 1982.SCT.394 , 455 U.S. 130, 102 S. Ct. 894, 71 L. Ed. 2d 21, 50 U.S.L.W. 4169 pp. 144-148 28. The Constitution emanated from the people and was not the act of sovereign and independent States.*1 The preamble contemplates the body of electors composing the states, the terms "people" and "citizens" being synonymous. Negroes, whether free or slaves, were not included in the term "people of the United States at that time.*2 *1 McCulloch v. Maryland, 4 Wheat. 316 [1819]. See also Chisholm v. Georgia, 2 Dall. 419, 470 [1793]; Penhallow v. Doane, 3 Dall. 54, 93 [1795]; Martin v. Hunter, 1 Wheat. 304, 324 [1816]; Barron v. Baltimore, 7 Pet. 247 [1833]. *2 Scott v. Sandford, 19 How 393, 404 [1857]. 29. The words "sovereign state" are cabalistic words, not understood by the disciple of liberty, who has been instructed in our constitutional schools. It is our appropriate phrase when aplied to an absolute despotism. The idea of sovereign power in the government of a republic is incompatible

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

with the existence and foundation of civil liberty and the rights of property. Gaines v. Buford, 31 Ky. (1 Dana) 481, 501. 30.

“When the Revolution took place, the people of each State became themselves sovereign, and, in that character, hold the absolute right to all their navigable waters, and the soils under them for their own common use, subject only to the rights since surrendered by the Constitution.” Pollard's Lessee v. Hagan, 44 U.S. (3 How.) 212 (1845) verified “Court...The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be.” [Emphasis added] Page 425, Black's Law Dictionary, Revised Fourth Edition COURT. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070; Black's Law Dictionary, 4th Edition, page 425]