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Re: [tips_and_tricks] Can someone please help me with this?

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  • 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 1 of 12 , Jun 30, 2004
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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 2 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 3 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 4 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 5 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 6 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 7 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 8 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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                  • 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 9 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 10 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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