Bc015map Mandamus Motion v1
Bc015map Mandamus Motion v1
3 Petitioner
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8 restored.
9
10 SUMMARY
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23 1097. When a peremptory mandate has been issued and directed to any inferior tribunal,
2 CCP
corporation, Board, or person, if it appear to the Court that any member of such tribunal, corporation, or Board, or
24 such person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey
the same, the Court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a
25 refusal of obedience, the Court may order the party to be imprisoned until the writ is obeyed, and may make any
orders necessary and proper for the complete enforcement of the writ.
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3 52 Am Jur 2d Mandamus § 388
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27 4California 1879 Constitution, Article 6, Section 1, “The judicial power of this State is vested in the Supreme
Court, courts of appeal, superior courts, and municipal courts, all of which are courts of record.”
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6 BACKGROUND
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14 No one was injured: no one lost any property; no one lost any
15 money. No one was at risk of losing any property or money.
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19 will.
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24 66“The only inherent difference ordinarily recognized between superior and inferior courts is that there is a
presumption in favor of the validity of the judgments of the former, none in favor of those of the latter, and that a
25 superior court may be shown not to have had power to render a particular judgment by reference to its record. Ex
parte Kearny, 55 Cal. 212. Note, however, that in California ‘superior court’ is the name of a particular court. But
26 when a court acts by virtue of a special statute conferring jurisdiction in a certain class of cases, it is a court of
inferior or limited jurisdiction for the time being, no matter what its ordinary status may be. Heydenfeldt v. Superior
27 Court, 117 Cal. 348, 49 Pac. 210; Cohen v. Barrett, 5 Cal. 195” 7 Cal. Jur. 579
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4
COUNT 1: CALIFORNIA PENAL CODE §459,
5 SECOND DEGREE COMMERCIAL BURGLARY;
6 COUNT 2: CALIFORNIA PENAL CODE §476a(a),
NON-SUFFICIENT FUND CHECK MULTIPLE CHECKS;
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COUNT 3: CALIFORNIA PENAL CODE §459
8 SECOND DEGREE COMMERCIAL BURGLARY; and
9 COUNT 4: CALIFORNIA PENAL CODE 476a(a)
NON-SUFFICIENT FUND CHECK SINGLE CHECK, and
10 CALIFORNIA PENAL CODE §186.11
PATTERN OF RELATED FELONY CONDUCT.
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77“The people of this state do not yield their sovereignty to the agencies which serve them." [California
25 Government Code, Section 11120; see also California Government Code Section 54950]
“To presume that a sovereign forever waives the right to exercise one of its powers unless it expressly reserves the
26 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.
27 2d 21, 50 U.S.L.W. 4169 pp. 144-148.
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14
88 A court of record may not be in name only. Further, keeping a record alone is not sufficient to qualify as a court
15 of record. The court of record must meet all of the following requirements:
A. The tribunal is independent of the magistrate (judge) [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229;
16 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][Black's Law Dictionary, 4th Ed., 425, 426]
17 B. Proceeding according to the common law [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]
18 [Black's Law Dictionary, 4th Ed., 425, 426]
C. Power to fine or imprison for contempt [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte
19 Gladhill, 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 Dictionary, 4th Ed., 425, 426]
D. Keeps a record of the proceedings [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga.,
20 24 F. 481; Ex 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 N.E. 229, 231]
21 E. Generally has a seal [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex
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,
22 117 N.E. 229, 231.][Black's Law Dictionary, 4th Ed., 425, 426]
23 99 “The only inherent difference ordinarily recognized between superior and inferior courts is that there is a
presumption in favor of the validity of the judgments of the former, none in favor of those of the latter, and that a
24 superior court may be shown not to have had power to render a particular judgment by reference to its record. Ex
parte Kearny, 55 Cal. 212. Note, however, that in California ‘superior court’ is the name of a particular court. But
25 when a court acts by virtue of a special statute conferring jurisdiction in a certain class of cases, it is a court of
inferior or limited jurisdiction for the time being, no matter what its ordinary status may be. Heydenfeldt v. Superior
26 Court, 117 Cal. 348, 49 Pac. 210; Cohen v. Barrett, 5 Cal. 195” 7 Cal. Jur. 579
10 27
California Constitution (1879), ARTICLE 6, JUDICIAL : SEC. 1. The judicial power of this State is vested in the
Supreme Court, courts of appeal, superior courts, and municipal courts, all of which are courts of record.
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23 Constitutional Court and fined (once for $1, once for $100). To
24 date Mark S. Arnold has simply ignored all orders of the
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Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a free man to
lose his court. [Magna Carta, Article 34].
27 1112 “The people of this state do not yield their sovereignty to the agencies which serve them." [California
Government Code, Section 11120; see also California Government Code Section 54950]
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3 the jail.
5 PETITION
6 FOR WRIT OF MANDATE
7 18 The inferior court13 is known as The Superior Court14 of the
8 State of California, Case Number YA058902 (hereinafter “Inferior
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14
“To presume that a sovereign forever waives the right to exercise one of its powers unless it expressly reserves the
15 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.
16 Ed. 2d 21, 50 U.S.L.W. 4169 pp. 144-148.
17 1213 "Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a
free man to lose his court." Magna Carta, Article 34.
18
1314 “Inferior courts” are those whose jurisdiction is limited and special and whose proceedings are not according to
19 the course of the common law.” Ex Parte Kearny, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652
20 1415 “The only inherent difference ordinarily recognized between superior and inferior courts is that there is a
presumption in favor of the validity of the judgments of the former, none in favor of those of the latter, and that a
21 superior court may be shown not to have had power to render a particular judgment by reference to its record. Ex
parte Kearny, 55 Cal. 212. Note, however, that in California ‘superior court’ is the name of a particular court. But
22 when a court acts by virtue of a special statute conferring jurisdiction in a certain class of cases, it is a court of
inferior or limited jurisdiction for the time being, no matter what its ordinary status may be. Heydenfeldt v. Superior
23 Court, 117 Cal. 348, 49 Pac. 210; Cohen v. Barrett, 5 Cal. 195” 7 Cal. Jur. 579
24 15 California 1879 Constitution, Article 6, Section 1, “The judicial power of this State is vested in the Supreme
Court, courts of appeal, superior courts, and municipal courts, all of which are courts of record.”
25 COURT OF RECORD: To be a court of record a court must have four characteristics, and may have a fifth. They
are:
26 1.A judicial tribunal having attributes and exercising functions independently of the person of the magistrate
designated generally to hold it. [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc.
27 Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689; Black's Law
Dictionary, 4th Ed., 425, 426]
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20 2. Proceeding according to the course of common law. [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;
21 Black's Law Dictionary, 4th Ed., 425, 426]
3. Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony. [3 Bl.
22 Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex 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 N.E. 229, 231]
23 4. Has power to fine or imprison for contempt. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher,
C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v.
24 Davis, 96 Ohio St. 205, 117 N.E. 229, 231; Black's Law Dictionary, 4th Ed., 425, 426]
5. Generally possesses a seal. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481;
25 Ex 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 N.E. 229, 231; Black's Law Dictionary, 4th Ed., 425, 426]
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1617 “The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this
27would be. It is as conclusive on this court as it is on other courts. It puts an end to inquiry concerning the fact, by
court
deciding it." Ex parte Watkins, 3 Pet., at 202-203. [cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)]
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17 Webster’s 1828 Dictionary: BARRATRY, n. The practice of exciting and encouraging lawsuits and quarrels.
26 Bouvier’s Law Dictionary, 1856: BARRATRY, crimes. In old law French barat, baraterie, signifying robbery,
deceit, fraud. In modern usage it may be defined as the habitual moving, exciting, and maintaining suits and
27 quarrels, either at law or otherwise. 1 Inst. 368; 1 Hawk. 243.
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22 The alternative order of the Constitutional Court was timely
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served upon the Inferior Court, its judges, its officers, and
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interested parties. Though given the opportunity, no opposing
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response was filed by the Inferior Court or any of the officers
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or parties.
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23 This verified petition for peremptory writ of mandate is
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presented to the above-entitled court of record (and not to a
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judge or justice) as described in California Code of Civil
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Procedure, Section 1085.18
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24 This petition is made on the grounds that said Inferior
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Court, its officers, and other persons acting in concert with
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them are disobeying the order of the Constitutional Court and
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proceeding as if the Constitutional Court and its orders do not
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exist. That default of duty has resulted in the continuing loss
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of liberty of this petitioner, said liberty being a natural right
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of the petitioner. A writ of mandate is an appropriate remedy to
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25 18 Code of Civil Procedure, Section 1085(a): "A writ of mandate may be issued by any court to any inferior
tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a
26 duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a
right or office to which the party is entitled, and from which the party is unlawfully precluded by such inferior
27 tribunal, corporation, board, or person."
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3 Constitutional Court.
6 true and correct, and that this was executed in the county of Los
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