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Can someone please help me with this?

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  • ibbblank
    I live in a 42 single family HOA [Homeowner Association] in Southern California, Riverside County. There are more problems in these type of association than
    Message 1 of 12 , Jun 30 10:43 AM
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      I live in a 42 single family HOA [Homeowner Association] in Southern
      California, Riverside County. There are more problems in these type
      of association than most people can grasp: non-judicial foreclosure,
      out of control boards, triple attorney fees, illegal behavior of
      board, management companies and attorneys, and a lot of problems that
      many are subjected to but no one seems to want to fight, because of
      the expense.

      I had a gang house across the street from me for two years. When I
      complained about a popular police officer, the police retaliated on
      me, and would not even answer my calls when these people threatened
      me and my family. It is still that way today -- any police report I
      want to make, they refuse to take -- stating they have discretion to
      decide if a report is "valid"??? Even other woman in here are not
      allowed to make reports if the police know they are friends with me.
      Right now the police have a bogus TRO against me for "haressment"
      when all I have wanted to do is have police criminal reports taken,
      and they refuse to take them. I have been in court twice now, on Ex
      Parte Motions, and even though the judge told the police they "must
      let me make police reports," they still refuse.

      Now, my board members: I have been battered twice now by one board
      member, and then once by another -- who deliberately ran into me with
      his car while I was on foot. [The DA refueses to prosecute
      because "there were no witnesses!" -- inspite of the bruses on my
      hip, and a doctor's report! The police refused to arrest him, even
      though he is relative of the drug people, and has had a grudge
      against me for months because I turned them in to the police) and
      when I went into court for TROs against these men, they lied, and the
      judge gave them restraining orders against me. [A private detective
      told me there is a "connection" between the police and the court --
      so, I don't see where I have much of a chance to succeed] however,
      recently...

      A board member deliberately backed into me, and then began to
      yell "She hit me from behind, call the police." When I got out to
      inspect the damages, he walked over and kicked me in the shin, and
      there was a witness that he backed into me, so he lied [perjured
      himself on court documents stating I "ran into him", trying to find
      me in comtempt of court for violating his restraining order. However,
      he didn't know there was a witness. The police report totally backs
      his story, however, once I was transfered to the hospital, and the
      doctor confirmed the swelling in my leg, he did charge the man with
      battery, but continued to support the man's story that I was
      violating his court order by driving behind him. So, that is the DAs
      officer, but I doubt that will be prosectuted, as they won't even
      take a case when a man deliberated hit me with his car when I was on
      foot.

      I want to go into court now, and have his restraining order
      dismissed, and charge him with perjury.

      So, how to do that is my question.

      Thanks;

      ~Sharon Stephens
    • jm367@bellsouth.net
      Go to the magistrate and swear out a warrant for any bodily trespass. You don t need the police; they don t work for you, anyway. If you want to make a report
      Message 2 of 12 , Jun 30 11:49 AM
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        Go to the magistrate and swear out a warrant for any bodily trespass.
        You don't need the police; they don't work for you, anyway.
        If you want to make a report to the police department, write a letter to it and publish the letter in the newspaper to make a public record.
        Be certain of what you say under penalty of perjury.  I know a guy who made a misidentification and it cost him $80 K.
         
        ----- Original Message -----
        From: ibbblank
        Sent: Wednesday, June 30, 2004 12:43 PM
        Subject: [tips_and_tricks] Can someone please help me with this?

        I live in a 42 single family HOA
      • The Handyman
        ... appears that you are not ready to try and dissolve a TRO. It will prescribe after 10 days in most jurisdictions. Until you are prepared to fight stay out
        Message 3 of 12 , Jun 30 6:49 PM
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          > Ibbblank,  You don't need help.  You need to study because
          it
          appears that you are not ready to try and dissolve a TRO.  It will
          prescribe after 10 days in most jurisdictions.  Until you are
          prepared to fight stay out of the battle unless you want, and can
          afford, on the job training.  Get with a group and study.  There is
          no silver bullet and wins in a TRO are few.  You are playing in
          their ball park by their rules and best you back out gracefully
          until your skills are honed.. 
          ----- Original Message -----
          From: ibbblank
          Sent: Wednesday, June 30, 2004 12:43 PM
          Subject: [tips_and_tricks] Can someone please help me with this?

          I live in a 42 single family HOA [Homeowner Association] in Southern
          California, Riverside County. There are more problems in these type
          of association than most people can grasp: non-judicial foreclosure,
          out of control boards, triple attorney fees, illegal behavior of
          board, management companies and attorneys, and a lot of problems that
          many are subjected to but no one seems to want to fight, because of
          the expense.

          So, how to do that is my question.

          Thanks;

          ~Sharon Stephens







        • jbj
          Unfortunately, this type of circumstance comes from not knowing the process to follow in simple form. When something happens to you that is criminal in nature;
          Message 4 of 12 , Jul 1, 2004
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            Unfortunately, this type of circumstance comes from not knowing the process
            to follow in simple form.
            When something happens to you that is criminal in nature; you should
            complain, using a criminal complaint form or make up one. One should get and
            have a copy of the state criminal code which is available on Internet for
            most states.
            First, get the facts straight, write them down and be willing to testify
            to that set of facts. This is known as an affidavit of probable cause that
            essentially states the facts of the case or controversy.
            Second, the law must be applied to the facts and this is known as an
            affidavit of criminal complaint. In this document must be the violation of
            the criminal code that the person or persons violated.
            Our society is governed by the rule of law and when you go into court
            the facts and law are what the judge or jury will go by to make their
            decisions on guilt or innocence. That is in a short definition the way both
            criminal and civil work. Lawyers simply copy the format used in the past and
            I recommend the search for both affidavit of probable cause and criminal
            complaints to see, understand and essentially duplicate your situation based
            on the results of that search. The search can be done on the internet or at
            the courthouse, both famous cases and everyday cases of simple purse
            stealing or complicated cases of burglery and bank robbery.
          • ibbblank
            OK, but the police department is refusing to file criminal complaints even though I have presented them with the Penal Code vilations? HOW to make the police
            Message 5 of 12 , Jul 1, 2004
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              OK, but the police department is refusing to file criminal complaints
              even though I have presented them with the Penal Code vilations?

              HOW to make the police comply?

              So, I may need to go into civil court, and what theory of law do I
              use?
            • Scott Hall
              Ever hear of private prosections? Contact Alfred Adask for info on this. I remember reading an article in the Antishyster mag years ago. ibbblank
              Message 6 of 12 , Jul 1, 2004
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                Ever hear of "private prosections?"
                 
                Contact Alfred Adask for info on this.  I remember reading an article in the Antishyster mag years ago.

                ibbblank <ssstephens.1@...> wrote:
                OK, but the police department is refusing to file criminal complaints
                even though I have presented them with the Penal Code vilations?

                HOW to make the police comply?

                So, I may need to go into civil court, and what theory of law do I
                use?




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              • jbj
                ... First of all let us get our terms straight and defined so that we can communicate. A police report is not the same as a criminal complaint signed under
                Message 7 of 12 , Jul 2, 2004
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                  >OK, but the police department is refusing to file criminal complaints
                  >even though I have presented them with the Penal Code vilations?

                  >HOW to make the police comply?

                  First of all let us get our terms straight and defined so that we can
                  communicate.
                  A police report is not the same as a criminal complaint signed under
                  oath or an affidavit of probable cause signed under oath. Telling the police
                  that "they" have violated code sections is far to broad for any police
                  officer to follow because he must then determine if there is factual basis
                  for probable cause to arrest and prosecute.
                  Let me give example of same. Telling the police officer an hour after
                  the fact when he arrives at the scene that Joe hit me.
                  Or telling the police officer in written form the facts, titled Affidavit of
                  Probable Cause, signed with the proper jurat for your state and signed in
                  front of a notary and notarized by that notary that Joe Dokes hit me on the
                  right jaw at such and such location and at the specific time of 9:45 PM in
                  violation of Section 2709 of AnyState Code, simple assault, gives the
                  officer no real choice in the matter, he has the duty, obligation, and
                  responsibility to arrest said actor and if the affidavit of probable cause
                  is false, the person who made it out is responsible for lying to police, and
                  perjury.
                  Probable cause is what the officer has to go on to make out the arrest.
                  Consider the DWI or Driving Under the Influence of Alcohol. When the officer
                  following the car sees that the car weaving from side to side of the ENTIRE
                  ROAD THEN he has probable cause to think and believe that the driver is
                  impaired and possibly under the influence and therefore can stop and detain
                  the person to investigate further and most likely arrest the person.
                  Let us go a step further and see what happens after the police get the
                  affidavit of probable cause and criminal complaint properly filled out and
                  sent certified mail or otherwise documented delivery.
                  Nothing is done for 30 days or ten days and you feel that the police are not
                  going to do anything. Go into open sessions court and prepare the following
                  document, (you prepare completely and the judge only has to sign it), Order
                  to Show Cause, the order to show cause is directed at the police officer or
                  Sheriff to appear at such and such date in the near future and give Cause
                  why he or she should not be charged with NON-Feasance and Perjury for having
                  taken an oath of office and not performing said duty, responsibility, and
                  obligation with fidelity and faithfulness of that office and further each
                  state usually has a section of Official Oppresion that charges any state
                  official with for failure to protect constituants and various rights that
                  they are entitled to and add that to the possible charges and offenses that
                  the officer or sheriff will be charged with if the said officer or Sheriff
                  fails to appear and Show Good Cause why he or she has not performed said
                  duty.
                • ibbblank
                  No, I am wanting to overturn a restraining order, because the person was awarded it on NOW provable perjury. I need to write the right motion to get before the
                  Message 8 of 12 , Jul 8, 2004
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                    No, I am wanting to overturn a restraining order, because the person
                    was awarded it on NOW provable perjury. I need to write the right
                    motion to get before the judge to throw out his original decision,
                    and reverse the order in my favor.

                    Don't be so negative Handy man. :<(

                    There are ways to do this.

                    ~Sharon

                    --- In tips_and_tricks@yahoogroups.com, "The Handyman" <ebob@b...>
                    wrote:
                    > > Ibbblank, You don't need help. You need to study because it
                    > appears that you are not ready to try and dissolve a TRO. It will
                    > prescribe after 10 days in most jurisdictions. Until you are
                    > prepared to fight stay out of the battle unless you want, and can
                    > afford, on the job training. Get with a group and study. There is
                    > no silver bullet and wins in a TRO are few. You are playing in
                    > their ball park by their rules and best you back out gracefully
                    > until your skills are honed..
                    >
                  • The Handyman
                    Sharon, You can try a error coram nobis...or a motion to annul the judgment due to provable perjury. With these motions attach an affidavit showing the error
                    Message 9 of 12 , Jul 10, 2004
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                      Sharon,
                       
                      You can try a error coram nobis...or a motion to annul the judgment due to provable perjury.  With these motions attach an affidavit showing the error you can prove.  Then if the judge does not give you a show cause hearing move for a void judgment by petition in any court. Your state code of civil procedure should list  some reasons whereby a decision can be modified.  Appears that you have a fraud upon the court.
                      ----- Original Message -----
                      From: ibbblank
                      Sent: Thursday, July 08, 2004 5:14 PM
                      Subject: [tips_and_tricks] Re: Can someone please help me with this?

                      No, I am wanting to overturn a restraining order, because the person
                      was awarded it on NOW provable perjury. I need to write the right
                      motion to get before the judge to throw out his original decision,
                      and reverse the order in my favor.

                      Don't be so negative Handy man. :<(

                      There are ways to do this.

                      ~Sharon



                      Yahoo! Groups Links

                    • ibbblank
                      Thank you -- I am not sure what these actions are, but I shall research them immediately Thank You. : ) ... due to provable perjury. With these motions attach
                      Message 10 of 12 , Jul 11, 2004
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                        Thank you -- I am not sure what these actions are, but I shall
                        research them immediately Thank You. :>)



                        --- In tips_and_tricks@yahoogroups.com, "The Handyman" <ebob@b...>
                        wrote:

                        > Sharon,
                        >
                        > You can try a error coram nobis...or a motion to annul the judgment
                        due to provable perjury. With these motions attach an affidavit
                        showing the error you can prove. Then if the judge does not give you
                        a show cause hearing move for a void judgment by petition in any
                        court. Your state code of civil procedure should list some reasons
                        whereby a decision can be modified. Appears that you have a fraud
                        upon the court.
                        > ----- Original Message -----
                        > From: ibbblank
                        > To: tips_and_tricks@yahoogroups.com
                        > Sent: Thursday, July 08, 2004 5:14 PM
                        > Subject: [tips_and_tricks] Re: Can someone please help me with
                        this?
                        >
                        >
                        > No, I am wanting to overturn a restraining order, because the
                        person
                        > was awarded it on NOW provable perjury. I need to write the right
                        > motion to get before the judge to throw out his original
                        decision,
                        > and reverse the order in my favor.
                        >
                        > Don't be so negative Handy man. :<(
                        >
                        > There are ways to do this.
                        >
                        > ~Sharon
                        >
                        >
                        >
                        > --------------------------------------------------------------------
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                        Service.
                      • Sterling W Wyatt
                        IMHO, you should NOT go down those paths (error coram nobis...or a motion to annul - or as covered by fed rule 60(b)!). A provable perjury is a fraud upon the
                        Message 11 of 12 , Jul 12, 2004
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                          IMHO, you should NOT go down those paths (error coram nobis...or a motion to annul - or as covered by fed rule 60(b)!).  A provable perjury is a fraud upon the court and denies jurisdiction to the court - including a denial of judicial capacity to the Judge.  A court denied jurisdiction is unable to issue orders in the Judge's judicial capacity and any orders so issued are void on the face of the record according to evidence properly placed in the record to prove such fraud. 
                           
                          That action providing such evidence is calling for a remedy is a NOTICE OF MINISTERIAL DUTY TO VACATE A VOID JUDGMENT FOR LACK OF JURISDICTION.  See Richard Cornforth's material on void judgments, as expanded by the VOIDS Seminar material from Right Way LAW, and from others. Such a NOTICE (NOT a Motion asking for 60(b) voidable action under judicial capacity!) is brought under the "inherent duty" of the court to correct a wrong in its ministrial capacity for which there is no other judicial remedy. << Remember, there is no judicial capacity to call upon rule 60(b), therefore leaving the trial judge with ONLY his ministerial capacity in which to remedy the error.  If the Judge bluffs and refuses, a Preemptory Petition of Mandamus is appropriate to the next higher court with jurisdiction to order such writ.>>
                           
                          Wayne
                           
                          On Mon, 12 Jul 2004 02:36:41 -0000 "ibbblank" <ssstephens.1@...> writes:

                          Thank you -- I am not sure what these actions are, but I shall
                          research them immediately Thank You. :>)


                          --- In tips_and_tricks@yahoogroups.com, "The Handyman" <ebob@b...>
                          wrote:

                          > Sharon,
                          >
                          > You can try a error coram nobis...or a motion to annul the judgment
                          due to provable perjury.  With these motions attach an affidavit
                          showing the error you can prove.  Then if the judge does not give you
                          a show cause hearing move for a void judgment by petition in any
                          court. Your state code of civil procedure should list  some reasons
                          whereby a decision can be modified.  Appears that you have a fraud
                          upon the court.
                        • The Handyman
                          Hypothetically, supposed a judge grants a seizure after a foreclosure proceeding when the moving party submits notarized papers alleged to have been witnessed
                          Message 12 of 12 , Jul 14, 2004
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                            Hypothetically, supposed a judge grants a seizure after a foreclosure proceeding when the moving party submits notarized papers alleged to have been witnessed by the notary but in fact were not witnessed.  The notary sealed them without seeing the party actually sign. (done all the time but no less a fraud)  These papers are then used to create a security interest in the property and therefore grounds to grant the seizure and sale upon default. To correct the seizure order error coram nobis would seem proper but voiding a judgment would also work. They both correct errors in the trial court.  Why would you choose voiding a judgment over error coram nobis?  Is there any other method to correct notary fraud?  The notary will lie and say he saw the person sign and the person will say no notary was present. Is such a fraud of magnitude enough to void a judgment? It is definitely an error.
                             

                            IMHO, you should NOT go down those paths (error coram nobis...or a motion to annul - or as covered by fed rule 60(b)!).  A provable perjury is a fraud upon the court and denies jurisdiction to the court - including a denial of judicial capacity to the Judge.  A court denied jurisdiction is unable to issue orders in the Judge's judicial capacity and any orders so issued are void on the face of the record according to evidence properly placed in the record to prove such fraud. 
                             
                             
                             
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