10-11-2011 Courtney Ray & Melody Ann Gillespie Original Complaint in Adversarial Action Filed...

8/3/2019 10-11-2011 Courtney Ray & Melody Ann Gillespie Original Complaint in Adversarial Action Filed Pursuant to 18 USC

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Melody Ann Castillo GillespieP.O. Box 8323Porterville, California 93257Telephone: (559) 788-0630Cell: (559) 779-8253Plaintiff/Debtor,pro se, in propia persona

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF CALIFORNIA-FRESNO

In Re: Chapter 13 Bankruptcy Case

Melody Ann Gillespie No.: 11-17815-A-13

Debtor,

________________________________

Melody Ann & Courtney Ray Gillespie,

Roxann Davidson,

Plaintiffs,

v.

ADVERSARIAL ACTION #:

Nicklas Arthur Hoffman, and

Nickol D. Gerritsma, individually and as _________________________

As Trustees of the H.M. Wysocki Trust, A Core Proceeding pursuant to

Nancy & Alan Castleman, individually and 28 U.S.C. 157(b)(2)(E),(G)

As Trustees for/Managing Directors of (H), (I), (K), (L)& (M) with

Shawn Ray Enterprises Business Trust,

Individually and as owner operator of Partly Non-Core Proceedings,

FirstAmendmentRadio.com, aka far.com, namely contingent-unliquidated

also aka Liberty Radio Live, Complaint for Personal Injuries

and any owned/operated enterprises, inextricably intertwined with

New Paradigm Holding Co., the issues herein raised, per

Robert J. Fletcher, 28 U.S.C. 157(b)(2)(O)Brett Thompson, and

John & Jane Does 1-10,

Defendants. JURY TRIAL DEMANDED

____________________________________

In re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action

Gillespie & Gillespie v. Nicklas Arthur Hoffman, Nickol D. Gerritsma, H.M. Wysocki Trust, et al.

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ORIGINAL COMPLAINT IN ADVERSARIAL ACTION

1. Debtor and Plaintiff Melody Ann Castillo Gillespie files this her OriginalComplaint for Damages, Declaratory Judgment, Foreclosure of Mechanics Lien

and Injunctions, together with her co-Plaintiffs Roxann Davidson and Courtney

Gillespie, for relief as a core proceeding adversarial action under the umbrella of

the above-entitled-and-numbered Chapter 13 Petition to establish the inventory of

the estate assets.

2. In briefest essence, the Plaintiff Debtor and her husband are suing to recovereither the title earned or damages for the conversion of their time, toil, and talent as

well as not inconsiderable actual cash investment all made over the past sevenyears (since June 1, 2004).

3. This is a core action within the meaning of 28 U.S.C. 157 because by andthrough this action Debtor/Plaintiff Melody Gillespie seeks (with reference to the

subsections of 157(b)(2): (E) orders [against the defendants to this Original

Complaint] to turn over property of the estate; [to resolve]. . . (G) motions to

terminate, annul, or modify the automatic stay1; (H) proceedings to determine

avoid, or recover fraudulent conveyances [including all of Defendant Nicklas

Arthur Hoffmans attempts to convert the debtors property and title, subject of this

lawsuit]; (I) determinations as to the dischargeability of particular debts [such as

Nicklas Arthur Hoffmans claims for $44,800 as of August 9, 2009, plus accruals

since, all of which claims of indebtedness Plaintiffs Courtney Ray and Melody

Ann Gillespie submit are fraudulent]; . . . (K) determinations of the validity



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1 Motions concerning the modification of the automatic stay will or may be relevant to the Defendants

previous counterclaim in a Tulare County Superior Court Action 10-238961 which Plaintiff DebtoRemoved on August 8, 2011, under Eastern District Bankruptcy Caption & Case number ofAdversaryProceeding #: 11-01205, but which counterclaim was ordered remanded over Debtors objection, andwithout allowing amendment, after a non-evidentiary hearing by order signed on October 6, 2011, enteredOctober 7, 2011. Plaintiff debtor has moved, of even date with the filing of this original complaint as anadversarial action, that the Court reconsider the remand all issues subject to her notice of removal, asallowed under 28 U.S.C. 1334, 1443, and 1452.


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extent, or priority of liens [including the foreclosure of Courtney Ray & Melody

Ann Gillespies Mechanics Lien attached as Exhibit D to this Original Complaint

(L) confirmations of plans [Debtor Melody Ann Gillespies plan, and its viability,

depends almost totally on this Courts resolution of her massive investments in the

subject property at 1831 North Lime Street in Porterville, CA]; (M) orders

approving the use or lease of property, including the use of cash collateral

[including but not limited to whether tortfeasor Nicklas Arthur Hoffman should

have any continuing rights to use, enjoy, or conduct his business from 1831 North

Lime Street at Debtors expense utilizing the unpaid product of Debtors and

Courtney Ray Gillespies labors and investments of time and money].4. All the parties plaintiffs and defendants live and/or have their principal placeof business and all of the transactions and occurrences giving rise to this action

took place within the Fresno Division of the United States District Court for the

Eastern District of California. Jurisdiction is proper under 28 U.S.C. 1331 and

1334, and 18 U.S.C. 1961-1964(c).

DECLARATORY JUDGMENT TO CONSTRUE COMMERCIAL

RELATIONSHIP OF PARTIES & NATURE OF CONTRACT

5. At the root of all the issues to be resolved by this adversarial action is thenature of the contractual relationship between Plaintiffs Courtney and Melody

Gillespie and the Defendants. Pursuant to 28 U.S.C. 2201-2201 as well as 28

U.S.C. 157 & 1334, Plaintiffs seek that the court allow them to offer and present

evidence, after a reasonable time and meaningful opportunity for discovery

pursuant to Rule 26(f) et seq. of the Federal Rules, and to present all such evidence

to a jury for findings of fact according to Common Law, and mixed questions of

fact and law as allowed by American Caselaw and Precedents, that at the

termination of all such evidence and upon the report of the findings of the jury, the

Court will enter judgment in favor of the Plaintiffs and against the DefendantsIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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construing the meaning, purpose, and intent of the contracts in a just and equitable

manner according to principles of common law and equitable traditions of fairness.

6. Plaintiffs have framed their primary claims for damages in this case underthe Racketeer Influenced and Corrupt Organizations Act because Defendant

Nicklas Arthur Hoffman, acting as a principal within the meaning of 18 U.S.C.

2(b) and 1962(a), has organized his businesses together with associates for

twenty years or more as an enterprise to acquire, direct, invest, and manage

properties through the conduct of a continuing pattern of racketeering including

murder or attempted murder2, continual harassment by assault and battery,

intimidation of witnesses, and unfair business transactions often disguised by theutilization of deceptive and manipulative devices such as false trusts and/or

holding companies and/or other individual associates who hold title in his place

but under his control and for his benefit, all in violation of 18 U.S.C. 1962(a)-

(b).

7. Nickol D. Gerritsma, Robert J. Fletcher, Nancy and Alan Castleman are alsosued for racketeering under 18 U.S.C. 1962(c) & (d) as parties acting under the

direction and control of Nicklas Arthur Hoffman as employees, co-conspirators, or

agents. Plaintiff Roxann Davidson, not a party to any commercial transaction with

Defendant Hoffman, in particular has suffered from a pattern of assault and battery



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2Defendant Nicklas Arthur Hoffman, though never convicted of murder, appeared to admit

murder to Plaintiff Roxann Davidson, after he shot a pellet gun twice at her within a singletwenty-four hour period that she was lucky to be alive, but others have not been so lucky.Strange circumstances and unexplained accidents have also led to the death of Hoffmanspregnant wife and crippling injury of his oldest son. Hoffman has poisoned the Plaintiffs dogand may have poisoned the Plaintiffs food at one point. Plaintiffs believe that the Defendant hasset up a chair on his property with a clear line of sight from his roof to their property and haveheard the Defendant instructing his minor daughter on how to kill the Plaintiffs dogs andintimidate them. Whether indictable or subject to conviction beyond reasonable doubtPlaintiffs submit and contend that Nicklas Arthur Hoffman has shown murderous tendencies andattitudes which constitute a nearly continual and ongoing assault and intentional infliction ofemotional distress which goes far beyond the ordinary connotations of the word harassment.


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with intentional infliction of emotional distress, while Hoffman has sought to

intimidate her as a potential witness and thereby obstruct justice.

8. With regard to their underlying property disputes, Plaintiffs Courtney andMelody Gillespie contend, and by and through this complaint ask this Court to

review, interpret, and construe the documents and prior testimony evidencing the

parties agreement, by entry of a declaratory judgment, to declare and adjudge that

Plaintiff Courtney Gillespie agreed with Nicklas Arthur Hoffman on February 1,

2005, to purchase the five acres of land located at 1831 North Lime Street in

Porterville, California through a trust arrangement for $60,000.00.

9. The best characterization of the nature and contours of the original contractis probably to call it a Contract for Deed or Contract for Sale, although some

references to a Deed of Trust and Trustee suggest the intent to create a mortgage,

although these terms could also be construed to suggest an intent to create a private

and joint trust between the parties (without specifying any beneficiary, but

circumstances implying that Melody Gillespie was the intended beneficiary)

Plaintiffs Courtney and Melody Gillespie seek quiet title to the entire property

and/or partition, and/or a declaratory judgment that their rights as beneficiaries of a

trust have been violated through the malfeasance and breaches of fiduciary duty

perpetrated against them by both Defendant Nicklas Arthur Hoffman an

Hoffmans daughter and Trustee Nickol D. Gerritsma.

10. Plaintiffs Courtney and Melody Gillespie ask this United States BankruptcyCourt to declare and adjudge that this contractual amount of $60,000.00 has

already been paid in full, with substantial interest, in that Plaintiffs have paid a

combination of cash, labor, and equipment to Defendant Nicklas Arthur Hoffman

with a total value in excess of $720,000, not counting damages resulting from any

criminal or tortious conduct, and that Plaintiffs Courtney and Melody Gillespie, as



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husband and wife, should accordingly be granted quiet title in this property, which

is indivisible under the California Land Conservation Act (aka Williamson Act).

11. Defendant Nicklas Arthur Hoffmans efforts to swindle the Plaintiffs andcheat them of their money and rightfully purchased property, however, has

expanded to something much more grandiose than a simple real estate fraud, in

that Defendant has resorted to actual violence, threats of violence, theft, and

continual harassment and acts of intimidation to try to force the Plaintiffs to

abandon their investment and leave their property.

12. Plaintiffs Courtney and Melody Gillespie claim in this action that they areentitled to both land and money damages for emotional distress, assault, battery

breach of contract, breach of fiduciary duty, conversion, constructive and actua

fraud, attempts at malicious prosecution, attempted wrongful eviction, slander of

title, and trespass from Nicklas Arthur Hoffman and the other Defendants, as well

as a permanent injunction against Hoffman and anyone acting on his behalf from

further harassment and intimidation.

13. Plaintiff Roxann Davidson seeks only damages for Defendant NicklasArthur Hoffmans extreme and outrageous infliction of emotional distress, assault,

and attempted murder.

A Continuing Pattern of Racketeering & Infringement on Civil Rights:

Predicate Acts & Threats of Violence, Bullying, Coercion & Duress

14. Under 18 U.S.C. 1961(1) (with bold-italic emphasis added):

(1) "racketeering activity" means (A) any act or threat involvingmurder, kidnapping, gambling,arson,robbery, bribery, extortion, . . .

which is chargeable under State law and punishable by imprisonmentfor more than one year

15. On March 10, 2011, between 12:00 noon and 1:00 p.m., when Plaintiff

Courtney Gillespie left for work, Defendant Nicklas Arthur Hoffman attempted to

murder or at least to maim or severely injure Plaintiff Roxann Davidson and later



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that day fired at and likewise sought to main or severely injure Plaintiff Melody

Gillespie about 7:00 pm by firing a high powered pellet rifle once each at these two

Plaintiffs in two related episodes on the same day.

16. The scene setting for this attempted murder Plaintiff Roxann Davidson was

pulling weeds in the garden at 1831 North Lime Street in Porterville in the

property, subject of this litigation, adjacent to his, and Plaintiff Melody Gillespie

was in the driveway climbing up a short stairway into the permanently parked RV

on the passengers side. (This RV functions as Plaintiff Roxann Davidsons

home.)

17. After shooting at Plaintiff Roxann, Defendant Nicklas Arthur Hoffmanwhile standing close by the fence on his side of the property where he was

accompanied by his ten year old daughter Mattie Hoffman, spoke loudly to Roxann

Davidson and told her that he intended to kill the Plaintiffs Courtney and Melody

Gillespie as well as her.

18. (The pellet gun in question belonged to Bret Thompson, who left California

for Oregon on or about May 15, 2011, after retrieving his pellet gun from the

Sierra Sportswear where it had been left on consignment in Porterville, California.)

19. The next day, while Plaintiff Melody Gillespie went to Visalia to file a

Motion for Order to Show Cause why Nicklas Arthur Hoffman should not be held

in contempt for violation of the already extant October 29, 2010, Civil Restraining

Order entered in California Superior Court protecting Melody and Courtney

Gillespie and to keep Nicklas Arthur Hoffman away from their property, to wit on

March 11, 2011, Hoffman shot Roxann Davidson again with the same high

powered pellet gun, and this time hit her in the face while she was in the same

garden. Defendant Hoffman told her on this occasion that he intended to hit her

eye and would not miss next time.



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24. Previously, at 3:30-5:00 a.m., on January 17, 2011, Nicklas Arthur Hoffman

was seen and identified by Plaintiff Roxann prowling on the Plaintiffs (Courtney

and Melody Gillespies) property, trespassing under cover of night in plain

violation of this same October 29, 2011 protective order. As a direct result and in

the aftermath, Plaintiffs have filed ten or more complaints and reports concerning

such conduct with the Tulare Sheriffs Department, but the county authorities have

not taken any action against Defendant Hoffman, which leaves the Plaintiffs

without effective protection.

25. On a separate and unrelated occasion, November 7, 2010, the same

Defendant Nicklas Arthur Hoffman made a pretextual but false allegation that thePlaintiffs had cut his telephone lines, but used this false pretext as an excuse to

gain access to the property to attempt to murder Courtney and/or Melody Gillespie

by rigging a propane tank to blow them up when they next turned on the hot water.

26. (Blowing up architectural improvements to property, whether or not it

resulted in death or injury to any person, would nonetheless constitute arson with

the meaning of all relevant state and federal laws.

26. On this occasion, Defendant Hoffman said to Brett Thompson and another

younger associate, in the presence and within the hearing of the Plaintiffs, anyway

theyre not going to be here much longer (admittedly, this phrase could be

construed either as a continuing threat of murder or of retaliatory wrongful

eviction, if it were not for the Defendants history of threatening, murderous

chatter and pattern of verbal harassment).

28. This entire event including the threat was also reported to the Police, to no

avail. Mr. Hoffmans abusive conduct was effectively continuous, repetitive and

harassing, because on June 15, 2010, Defendant Nicklas Arthur Hoffman had used

a Sawzall (recipro saw or sabre saw, Sawzall being a trademark of the

Milwaukee Electric Tool Company) to cut the electric wires and subpanels on theIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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property occupied by Plaintiffs and used the pretextually obtained access to the

property to put rat poison into Plaintiffs food, leading to Plaintiff Melody

Gillespie suffering symptoms of poison from poisoned milk.

29. And again, after this incident, Plaintiff Courtney Gillespie sought to file a

report with the local Porterville office of the Tulare County District Attorney.

However, the Tulare County Assistant District Attorney Jason Ahn for Porterville

on or about June 17, 2010, advised the Plaintiffs that the State would not prosecute

certain incidents involving destruction of property and interference with use of

property because a property dispute existed which cast all these events in the light

of a civil dispute, despite the repeated threats of violence.30. Defendant Nicklas Arthur Hoffmans conduct has been ongoing and

unremitting for several years. On April 22, 2009, between noon and 1:30 p.m.

Defendant Nicklas Arthur Hoffman, assisted by Brett Thompson, stole more than

$6,000.00 in brand new construction equipment from the Plaintiffs.

31. During July 2011, as Plaintiffs only discovered on August 2-3, 2011

Defendant Nicklas Arthur Hoffman intentionally caused excess electrical usage in

the amount of $1,000.00 (normal monthly bills for the combined property being

$480 or less), and then utilized electronic identity information unlawfully obtained

and other unlawful means to access and take over Plaintiffs electrical account

from Southern California Edison, all in violation of18 U.S.C. 1028(a)(7).

32. On or about April 15, 2010, and June 15, 2010, Defendant Nicklas ArthurHoffman had previously violated 18 U.S.C 1028(a)(7) by using, without lawful

authority, one or more means of identification of Plaintiff Courtney and/or Melody

Gillespie to investigate and obtain information concerning them and also to

terminate Plaintiffs electricity and transfer their fully paid and at that time current

account to his own name.



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33. During July December, 2009, Defendant Nicklas Arthur Hoffman

repudiated or announced his intentions to breach and disregard his actual

contractual arrangements with the Plaintiffs, Courtney Ray & Melody Ann

Gillespie, and began a reign of terroristic acts against this plaintiffs which included

repeated violations or attempts to violate 18 U.S.C. 1029 (a)(8) and 18 U.S.C

1029 (b)(1)-(2) in that Nicklas Arthur Hoffman and his employee Brett

Thompson had obtained and conspired to use and did in fact utilize a listening

device or devices configured unlawfully to scan or otherwise eavesdrop on

Plaintiffs conversations.

34. nder 18 U.S.C. 1961(5),U(5) "pattern of racketeering activity" requires at least two acts ofracketeering activity, one of which occurred after the effective date ofthis chapter and the last of which occurred within ten years (excludingany period of imprisonment) after the commission of a prior act ofracketeering activity.

35. Plaintiffs submit that the list of assaults, robberies, and utilization of

electronic means to effect illegal and unauthorized financial transactions or

interference with accounts itemized above constitute a pattern of racketeering with

multiple predicate acts identified with particularity as to time, place, and means.

36. The Plaintiffs have reported many more incidents than the above list be

declarations filed with and information provided to the Tulare County Superior

Court in Visalia, but the California State Court has not taken of these issues or

shown any concern for the welfare of the Plaintiffs.

The R.I.C.O. Enterprise37. Nicklas Arthur Hoffman is not the title owner of the property on which he

and the Plaintiffs live, from which Defendant Hoffman and others involved in the

Sean Ray Enterprises Business Trust, including but not limited to Licensed

California Attorney Robert J. Fletcher, operate and broadcast Radio Liberty,



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FirstAmendmentRadio, and various other related Patriot Movement Television

and Radio broadcast enterprises, the complete list of which entities Plaintiffs do

not even know.

38. A major part of Defendants racketeering enterprise has been to cause and

compel the Plaintiffs, reduced to a state of obligation very near to debt peonage, to

subsidize or support his Radio & Television Broadcast operations by paying 100%

of his electrical bills since November 2004, as well as by contributing their labor

and cash investment to the improvement and addition of real estate by substantial

construction and maintenance of all or part of 12 structures on 10 acres of which

Nicklas Hoffman claims sole proprietary (de facto) ownership and over which heplainly exercises (both de facto and, to the extent to which Plaintiffs have sought

and been denied police protection, effective de jure) absolute control, bordering on

the ancient Roman standard of ius vita necisque (the power of life and death), in

violation of Plaintiffs Civil Rights under 18 U.S.C. 241 & 242.

39. The title owner of the property is the H.M. Wysocki Trust of which Nicklas

Arthur Hoffmans daughter Nickol D. Gerritsma is the Trustee. Nancy and Alan

Castleman are trustees for a second trust, the Shawn Ray Enterprises Trust which

may also operate under the fictitious business name New Paradigm Holding

Company. Robert J. Fletcher acted as attorney and counselor for Nicklas Arthur

Hoffman, Nickol D. Gerritsma, and the H.M. Wysocki Trust, but he is sued as an

individual for his own actions in the furtherance of this series of Racketeer

Influenced and Corrupt Organizations, their employees and officers, and not

merely as an attorney for these parties.

40. Plaintiffs allege upon information and belief (and relevant on-line searches)

that none of these entities are properly registered with the California Secretary of

State or in any other way licensed or authorized to do business in this state.



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41. Furthermore, these entities, together with Robert J. Fletcher, Nickol D

Gerritsma, the Castelmans, and Nicklas Arthur Hoffman have engaged in a shell

game, passing title ownership of the subject property and other real estate in

Tulare County, California, back and forth among each other for the purpose of

staging sham sales and foreclosures.

42. As of the date of filing this complaint, it would appear from advertisements

and notices found at Zillow.com and elsewhere on-line that as of July 29, 2011,

in violation of the automatic stay in Melody Ann Gillespies Bankruptcy, a new

sham foreclosure has been instituted against the real property, subject of this

lawsuit, although the Plaintiffs have been unable to verify this information (that anew sham foreclosure has already been initiated) as of the present date.

FIRST CAUSE OF ACTION FOR DAMAGES under 18 U.S.C. 1964(c):

Nicklas Arthur Hoffman Association-in-Fact 18 U.S.C. 1962(a)

43. Plaintiffs re-allege 1-42 of this their Original Complaint and incorporate

the same by reference as if fully copied and restated herein below.

44. Plaintiffs allege that Defendant Nicklas Arthur Hoffman is a natural person

who has received income derived, directly or indirectly, from a pattern of

racketeering activity (including murder or attempted murder, assault with a deadly

weapon and assault with bodily injury, arson or attempted arson, witness

intimidation or retaliation, forgery of contractual documents and evidence filed in

court, and falsification of identity access information via electronic means and

unauthorized manipulation of financial identity and account information) in which

Nicklas Arthur Hoffman has participated as a principal within the meaning o

section 2, title 18, United States Code.

45. Plaintiffs further allege that Nicklas Arthur Hoffman has used or invested

and continues to use or invest, both directly and indirectly, all or part of such

income, or the proceeds of such income, in the acquisition of any interest in, or theIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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establishment or operation of, the otherwise unnamed Nicklas Arthur Hoffman

R.I.C.O. Association-in-Fact, as well as Shawn Ray Enterprises Business Trust

sometimes d/b/a New Paradigm Holding Company.

46. To wit, and in particular but without any express or implied limitation, by

force, fraud, and manipulation of documentary evidence, Defendant Nicklas Arthur

Hoffman has compelled, coerced, and/or used trickery and manipulation to deceive

the Plaintiffs into subsidizing his own radio/television broadcasting enterprises by

requiring them to pay in full for his electricity for seven years, while continuing to

improve and maintain the ten acres which they share at 1831 North Lime Street

with new buildings, landscaping, none of which would have been possible but forthe land engineering skills and investments (time, toil, and talents) of Plaintiff

Courtney Ray Gillespie and the substantial financial investments (and lesser

investments of time, toil, and talent) of Debtor Melody Ann Gillespie, and

Defendant Hoffman continually reinvested the money and material resources, and

labor value converted, stolen, or extorted from Plaintiffs Courtney Ray & Melody

Ann Gillespie in the increase and augmentation of his Racketeering enterprise or

several racketeering enterprises, as the case may be.

47. The Nicklas Arthur Hoffman R.I.C.O. Association-in-Fact is an enterprise

composed by and consisting of all the named Defendants (Nicklas Arthur

Hoffman, Nickol D. Gerritsma, H.M. Wysocki Trust, Nancy & Alan Castleman

Shawn Ray Enterprises Business Trust, New Paradigms Holding Co., Robert J

Fletcher, and John & Jane Does 1-10) in this case, working in unlawful agreement

and in combination with each other and in further agreement and combination with

other individuals, including but not limited to Brett Thompson and other unknown

individuals.

48. Among the investments of the Nicklas Arthur Hoffman R.I.C.O

Association-in-Fact acquired by the investment of funds derived in whole or inIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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part from a pattern of racketeering activity are the assets held in the name of the H

M. Wysocki Trust, separately and as title holder of the real property, subject of this

litigation, located at 1831 North Lime Street, Porterville, California 93257, as well

as the Shawn Ray Enterprises Business Trust, separately and d/b/a New Paradigm

Holding Company.

49. The Nicklas Arthur Hoffman R.I.C.O. Association-in-fact is an enterprise

which is engaged in, and the activities of which affect, interstate or foreign

commerce, as are the H. M. Wysocki Trust, the Shawn Ray Enterprises Business

Trust, the law office of Robert J. Fletcher, and the New Paradigm Holding

Company.50. Plaintiffs allege that they have been injured by this Defendants real estate

manipulations and embezzlement of funds in violation of 18 U.S.C. 1962(a) and

related schemes to defraud involving violations of 18 U.S.C. 1341, 1343, 1344

and 1346 in their business and property interests, to wit their ownership interest

and investments in and quiet enjoyment of that certain undivided parcel of 10 acres

located at the street address and otherwise known as 1831 North Lime Street in

Porterville, California 93257.

51. Wherefore, pursuant to 18 U.S.C. 1964(c), Plaintiffs pray for all their costs

of suit and for treble their actual damages (Plaintiffs estimate their actual damages

from Racketeering alone in the minimum amount of $720,000.00), the purposes of

trebling being both to fairly and justly punish the Defendant Nicklas Arthur

Hoffman for his manifold, multifarious, and complex violations of 18 U.S.C

1962(a) and to serve as a fair, just, and equitable example to other defendants

similarly situated.

SECOND CAUSE OF ACTION FOR R.I.C.O. DAMAGES UNDER 18 U.S.C.

1964(c): Nickol D. Gerritsma 18 U.S.C. 1962(a)



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52. Plaintiffs re-allege 1-51 of this their Original Complaint and incorporate


53. Plaintiffs allege that Defendant Nickol D. Gerritsma is a natural person who

has received income derived, directly or indirectly, from a pattern of racketeering

activity for which she may or may not have been directly responsible as a principal

within the meaning of Title 18 U.S.C. 2 (including her Fathers course of

racketeering activity or conduct including murder or attempted murder, assault

with a deadly weapon and assault with bodily injury, arson or attempted arson,

witness intimidation or retaliation, and falsification of identity access information

via electronic means and unauthorized manipulation of financial identity andaccount information, in which Nicklas Arthur Hoffman has participated as a

principal within the meaning of section 2, title 18, United States Code), but in

which Nickol D. Gerritsma may only have participated as an indirect beneficiary or

silent partner.

54. Nickol D. Gerritsmas official role in the Nicklas Arthur Hoffman

R.I.C.O. Association-in-Fact Racketeering Enterprise is as name-lender, or

front-person/strawman Trustee of and for the H.M. Wysocki Trust, which at

one or more times (if not at all times) relevant to this action, complaint, and lawsuit

was the title owner of 1831 North Lime Street, Porterville, California 93257.

55. Despite her possibly passive, mere status as a front, through her nomina

status as Trustee of the H.M. Wysocki Trust, rather than as a 2 criminal

principal, Plaintiffs nonetheless further allege that Defendant Nicklas Arthur

Hoffmans daughter Nickol D. Gerritsma has used or invested, and continues to

use or invest, both directly and indirectly, all or part of such income, or the

proceeds of such income, in the acquisition of any interest in, or the establishment

or operation of, the otherwise unnamed Nicklas Arthur Hoffman R.I.C.O

Association-in-Fact as well as other associations in fact, to wit the Shawn RayIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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Enterprises Business Trust and New Paradigm Holding Company, which entities

have also, at other times, been the title owner of 1831 North Lime Street in

Porterville, California 93257.

56. The Nicklas Arthur Hoffman R.I.C.O. Association-in-Fact is an enterprise



Robert J. Fletcher, Shawn Ray Enterprises Business Trust, New Paradigms

Holding Co., and John & Jane Does 1-10) in this case, working in unlawful

agreement and in combination with each other and in further agreement and

combination with other individuals, including but not limited to Brett Thompsonand other unknown individuals.


Association-in-Fact acquired by the investment of funds derived in whole or in

part from a pattern of racketeering activity is the H.M. Wysocki Trust, as well as

Defendants the Shawn Ray Enterprises Business Trust, the New Paradigm Holding

Company, and the Law Office of Robert J. Fletcher, each of which entities has

served, at different times, as nominal (title) owners of real property, or as agents

(attorneys-in-fact or at-law) for the nominal owner, including operating as the

sometime owner of the real property subject of this litigation, located at 1831

North Lime Street, Porterville, California 93257.

58. The Nicklas Arthur Hoffman R.I.C.O. Association-in-fact, as well as

Defendants the H.M. Wysocki Trust, the Shawn Ray Enterprises Business Trust

the law office of Robert J. Fletcher, Brett Thompson, and the New Paradigm

Holding Company, are each enterprises which are engaged in, and the activities of

which affect, interstate or foreign commerce.

59. Plaintiffs allege that they have been injured by this Defendants real estate

manipulations and embezzlement of funds (for which Defendant Nickol D.In re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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Gerritsma has special responsibility and liability equal to that of Nicklas Arthur

Hoffman owing to her title and actual role as Trustee) in violation of 18 U.S.C.

1962(a) and related schemes to defraud involving violations of 18 U.S.C. 1341

1343, 1344, and 1346 in their business and property interests, to wit their

ownership interest and investments in and quiet enjoyment of that certain

undivided parcel of 10 acres located at the street address and otherwise known as

1831 North Lime Street in Porterville, California 93257.


of suit and for treble their actual damages (actual damages in the minimum amount

of $720,000.00) the purposes of trebled damages under Civil R.I.C.O. being justlymet here: both to fairly and lawfully punish the Defendant Nickol Hoffman for her

violations of 18 U.S.C. 1962(a) and to serve as an example to deter other

defendants who might be similarly situated to engage in such conduct.

THIRD CAUSE OF ACTION: NICKLAS ARTHUR HOFFMAN & LAW

OFFICE OF ROBERT J. FLETCHER, 18 U.S.C. 1962(b)

61. Plaintiffs reallege 1-60 of this their Original Complaint and incorporate


62. Plaintiffs allege that Nicklas Arthur Hoffman is a natural person who

through a pattern of racketeering activity has acquired and does still maintain, both

directly or indirectly, the primary ownership interest in andde facto control of the

Nicklas Arthur Hoffman Association-in-Fact, as well as the Law Office o

Robert J. Fletcher, H.M. Wysocki Trust, the Shawn Ray Enterprises Business

Trust, and the New Paradigm Holding Company, all of which are enterprises

which engaged in, and the activities of which affect, interstate or foreign

commerce, including but not limited to the ownership, operation, and investment

of funds derived from the ten acre parcel of commercial and residential realty



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located at and more commonly known as 1831 North Lime Street, Porterville,

California 93257.

63. Plaintiffs allege that Nicklas Arthur Hoffman acting at all times together and

in conjunction with Licensed California Attorney Robert J. Fletcher, at all times

relevant to this Original Complaint, were in fact the primary de facto owners and

de facto managing or controlling directors or 18 U.S.C. 2 principals of the

Nicklas Arthur Hoffman R.I.C.O. Association-in-Fact, which is an enterprise



Shaw Ray Enterprises Business Trust, New Paradigms Holding Co., and John &Jane Does 1-10) in this case, working in unlawful agreement and in combination

with each other and in further agreement and combination with other individuals,

including but not limited to Brett Thompson and other unknown individuals.


Association-in-Fact acquired by the investment of funds derived in whole or in

part from a pattern of racketeering activity is the H.M. Wysocki Trust, as well as

Defendants the Shawn Ray Enterprises Business Trust, the New Paradigm Holding

Company, and the Law Officer of Robert J. Fletcher which entities have served, at

different times, as nominal (title) owners of real property, and/or as agents and/or

attorneys-in-fact or at-law for the nominal owners, including operating as the

sometime owner of the real property subject of this litigation, located at 1831

North Lime Street, Porterville, California 93257.

65. The Nicklas Arthur Hoffman R.I.C.O. Association-in-fact, as well as

Defendants the H.M. Wysocki Trust, the Shawn Ray Enterprises Business Trust,

and the New Paradigm Holding Company, are each enterprises which are engaged

in, and the activities of which affect, interstate or foreign commerce.



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66. Plaintiffs allege that they have been injured by this Defendants real estate

manipulations and embezzlement of funds (for which Defendant Nicklas Arthur

Hoffman had de facto special responsibility and liability owed to Courtney and

Melody Gillespie on account of his representations to Courtney Gillespie that the

two of them would share title and actual roles as Trustee of the trust into which

1831 North Lime Street, Porterville, California 93257 was supposed to be placed)

in violation of 18 U.S.C. 1962(b).

67. Plaintiffs further allege that Nicklas Arthur Hoffman together with Robert J

Fletcher, conceived of, owned the majority benefit from, directed, and operated

several related schemes to defraud involving violations of 18 U.S.C. 1341, 13431344, and 1346 which injured the Plaintiffs in their business and property interests

to wit their ownership interest and investments in and quiet enjoyment of that

certain undivided parcel of 10 acres located at the street address and otherwise

known as 1831 North Lime Street in Porterville, California 93257.


of suit and for treble their actual damages (Plaintiffs actual damages from

Racketeering alone in the minimum amount of $720,000.00), the purposes of

trebled damages allowed under Civil R.I.C.O. being both fairly to punish the

Defendant Nicklas Arthur Hoffman and Robert J. Fletcher for their violations of 18

U.S.C. 1962(b) and justly to serve as a deterrent and an example to other

defendants similarly situated who might inflict similar injuries on others.

FOURTH CAUSE OF ACTION FOR DAMAGES UNDER 18 U.S.C.

1964(c): R.I.C.O. Employment & Conspiracy 18 U.S.C. 1962(c)-(d)



70. Plaintiffs allege that Nicklas Arthur Hoffman, at all times relevant to this

Original Complaint, was in fact the primary owner and de facto managing orIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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controlling director or 18 U.S.C. 2 principal of the Nicklas Arthur Hoffman

R.I.C.O. Association-in-Fact is an enterprise composed by and consisting of all

the named Defendants (Nicklas Arthur Hoffman, Nickol D. Gerritsma, H.M

Wysocki Trust, Nancy & Alan Castleman, Shawn Ray Enterprises Business Trust,

New Paradigms Holding Co., Robert J. Fletcher, Brett Thompson, and John & Jane

Does 1-10).

71. Specifically, as described above in 14-42 of this Original Complaint

Plaintiffs allege that Nancy & Alan Castleman, the H.M. Wysocki Trust, the

Shawn Ray Enterprises Business Trust, the New Paradigms Holding Company,

and John & Jane Does 1-10, i.e. all the individuals who cannot be described asprincipals within the meaning of 18 U.S.C. 2 in this case, at all times relevant to

this complaint either worked together or still work as employees or associates of

the Nicklas Arthur Hoffman R.I.C.O. Association-in-Fact enterprise, as well as

the H.M. Wysocki Trust, the Shawn Ray Enterprises Business Trust, and the New

Paradigm Holdings Company, all acting together and in concert with Robert J.

Fletcher d/b/a the Law Office of Robert J. Fletcher, all of which were at all

relevant times and still are enterprises engaged in, or the activities of which affect,

interstate or foreign commerce, which conduct and/or participate, directly and/or

indirectly, in the conduct of such enterprises affairs through a pattern of

racketeering activity in unlawful agreement, and that they did thus plainly violate

18 U.S.C. 1962(c).

72. And/or, in the alternative, Plaintiffs allege that these non-principa

Defendants, whether acting as individuals or as officers or employees of entities,

whether legally constituted or merely de facto, conspired unlawfully to act in

combination with each other and in further agreement and combination with other

individuals, including but not limited to Brett Thompson and other unknown

individuals, in violation of 18 U.S.C. 1962(d).In re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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73. Plaintiffs allege that they have been injured by these Defendants real estate

manipulations and embezzlement of funds (for which Defendant Nicklas Arthur

Hoffman had de facto special responsibility and liability owed to Courtney and

Melody Gillespie on account of his representations to Courtney Gillespie that the

two of them would share title and actual roles as Trustee of the trust into which

1831 North Lime Street, Porterville, California 93257 was supposed to be placed)

in violation of 18 U.S.C. 1962(c)-(d), just as Defendant Nickol D. Gerritsma and

Robert J. Fletcher also owe special fiduciary duties on account of their several

positions as fiduciaries (in the case of the H.M. Wysocki Trust which may have

owed special duties to Courtney and Melody Gillespie on account of the agreement between Nicklas Arthur Hoffman and Courtney Gillespie of which Melody

Gillespie would have necessarily been a beneficiary).

74. Plaintiffs further allege that Defendants Nancy & Alan Castleman, the H.M

Wysocki Trust, Robert J. Fletcher, Nickol D. Gerritsma, the Shawn Ray

Enterprises Business Trust, and New Paradigm Holding Company acted at all

times as employees or agents or as attorneys-in-fact or attorneys-at-law in

conjunction with but under the direction of Nicklas Arthur Hoffman who

conceived of, owned the majority benefit from, directed, and operated several

related schemes to defraud involving violations of 18 U.S.C. 1341, 1343, 1344

and 1346 which injured the Plaintiffs in their business and property interests, to wit

their ownership interest and investments in and quiet enjoyment of that certain

undivided parcel of 10 acres located at the street address and otherwise known as

1831 North Lime Street in Porterville, California 93257.


of suit and for treble their actual damages (Plaintiffs actual damages from

Racketeering alone in the minimum amount of $720,000.00), the purposes of

trebled damages under Civil R.I.C.O. being both fairly to punish the DefendantsIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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Alan & Nancy Castleman, Robert J. Fletcher, Nickol D. Gerritsma, the H.M

Wysocki Trust, the Shawn Ray Enterprises Business Trust and the New Paradigm

Holdings Company for their joint and several violations of 18 U.S.C. 1962(c)

and/or 18 U.S.C. 1962(d) and to serve as a just and deterrent example to other

defendants similarly situated who might be tempted to engage in similar conduct or

affairs.

FIFTH CAUSE OF ACTION: NICKLAS ARTHUR HOFFMANS

ASSAULT WITH A DEADLY WEAPON AND BODILY INJURY AGAINST

ROXANN DAVIDSON, Intentional Infliction of Emotional Distress and

violations of 18 U.S.C. 241, 242 with Robert J. Fletcher

76. Plaintiffs allege 1-75 of this their Original Complaint above as if the samewere fully recopied and restated herein below.

77. This Court has supplemental jurisdiction over Roxann Davidsons claims for

personal injury and intentional infliction of emotional distress resulting from

assault with a deadly weapon and bodily injury under 28 U.S.C. 1367, in that

these claims are utterly and inextricably intertwined with the claims for

racketeering stated above, and Federal Question jurisdiction to the extent that the

Porterville Police have, in part through Licensed California Attorney Robert J.

Fletchers persuasion, afforded Defendant Nicklas Arthur Hoffman a degree of

protection

78. On or about March 10-11, 2011, as specifically stated and described in 12-

24 above, Defendant Nicklas Arthur Hoffman used a gun which was either a high

powered b-b gun or a pellet gun of some sort to fire repeatedly at close range

(approximately 50 feet or less) at Plaintiff Roxann Davidson.

79. On or about March 11, 2011, Defendant Nicklas Arthur Hoffman actually hit

Plaintiff Roxann Davidsons left cheek, directly underneath her left eye, while

firing at her, and then warned her that next time he would take her eye out.



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80. Plaintiff Roxann Davidsons cheek was swollen and bloated from whatever

it was that grazed or entered her skin (it could have been a pellet of toxin or even

rock salt) for some days or weeks after this incident, but she suffers sensations of

limited area numbness on her left cheek up through the present date.

81. Furthermore, as the direct and proximate and therefore legal result of

Defendants actions, Plaintiff Roxann Davidson has suffered from extreme anxiety

fear, and emotional distress of every kind on a daily and nightly basis ever since

the date of the shooting on March 11, 2011.

82. Wherefore, Plaintiff Roxann Davidson prays for her actual damages in the

amount of $15,000.00.83. Defendant Nicklas Arthur Hoffman believes that he is above-the-law and

beyond the reach of the Police, and in this he is assisted, aided, and abetted by his

California Licensed Attorney-at-Law Robert J. Fletcher, who has (so far) ensured

that no criminal prosecution nor even a competent investigation or acceptance of

Plaintiffs complaint be accepted by the Porterville Police or Tulare County

Sheriffs Office, so that Nicklas Arthur Hoffman believes, and teaches his minor

children, that murder and mayhem of people like the Plaintiffs is both morally and

legally acceptable in a civilized society.

SIXTH CAUSE OF ACTION: INTENTIONAL INFLICTION OF

EMOTIONAL DISTRESS BY DEFENDANT NICKLAS ARTHUR

HOFFMAN against all Plaintiffs

84. Plaintiffs reallege 1-83 of their Original Complaint and incorporate the

same by reference as if fully copied and restated herein below.

85. For the past two, now going on three years, to wit, since approximately June

of 2009, Defendant Nicklas Arthur Hoffman has engaged in a pattern of verbal,

physical, financial, and emotional harassment, including assault and battery

robbery, electronic spying, theft of identity, invasion of privacy, and other torts



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which was, is, and remains up through the day of the filing of this Original

Complaint extreme and outrageous and utterly unacceptable in civilized society.

86. As the direct and proximate and therefore legal result of this Defendants

conduct, each of Plaintiffs Courtney and Melody Gillespie and Roxann Davidson

have suffered sleep-loss at night, fearfulness and daytime anxiety, inability to

concentrate on productive labor, including their ordinary employment in the

outside world, and are constantly afraid and fearful to leave their home-living

space alone and unguarded for fear that Defendant Nicklas Arthur Hoffman will

introduce poison or plant or create explosive booby traps or other devices of

mayhem.87. Melody Ann Gillespie, in particular, is under constant and continuing

psychological care and counseling.

88. Plaintiffs Courtney Gillespie, Melody Ann Gillespie, and Roxann Davidson

according pray for their actual damages from 2 years and two months and

approximately nine days (800 days total, as of the date of this filing) of continuous

harassment and intentional infliction of emotional distress alone in the amount of

$100 per day each, for a total (as of the date of this filing) of $240,000.00, to be

ncreased by $100/day each day for each Plaintiff until final judgment is paid.i

SEVENTH CAUSE OF ACTION: QUIET TITLE TO 1831 NORTH LIME

STREET, PORTERVILLE, CALIFORNIA 93257

(CALIFORNIA CODE OF CIVIL PROCEDURE 760.010-760.060)


the same by reference is if fully copied and restated herein below.

90. The real estate, subject of this litigation is a ten acre plot of land whose

primary original entrance is known as or commonly identified as 1831 North Lime

Street, Porterville, CA 93258, but the legal description of this property is: LOT 10

of Hermosa Orange Colony, County of Tulare, State of California, according to the



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Map thereof in Book 2, Page 131 of Maps, Tulare County Records. A.P.N. 255-

230-004, more commonly known as 1831 North Lime Street, Porterville CA.

91. Pursuant to 760.030 of the California Code of Civil Procedure, Plaintiffs

file this Action for Quiet Title to Establish and Quiet their title in the ten acres

known as and located with street address 1831 North Lime Street, Porterville,

California 93257 as a matter of rights and remedies cumulative of all other issues

addressed by this their Original Complaint.

92. Plaintiffs allege, as against all Defendants to this action, that their right, title

and interest in 1831 North Lime Street, Porterville, California 93257 is and ought

to be declared and adjudged superior either because of their claims in the Notice ofClaim of Lien Attached as Exhibit D, without foreclosure or because of any of the

following theories of quiet title, or any combination of factors listed herein below:

(1) Contract for Deed/Contract for Sale: if the Memorandum or Memoranda

attached as Exhibit A to this Complaint be construed as a Contract for

Deed/Contract for Sale,the Plaintiffs have paid in full the contract price agreed to

and partially memorialized in writing by Plaintiff Courtney Gillespie and Nicklas

Arthur Hoffman, signing individually and on behalf of the H.M. Wysocki Trust,

(2) Equitable Performance Favors the Plaintiffs: the Plaintiffs have

performed equitably and fairly more than their original obligations under said

contract (Exhibits A-C), and have so far acted to accede to all of Nicklas Arthur

Hoffmans demands, and those of his attorney Robert J. Fletcher, as to tip the

balance of equity lopsidedly in their favor, even to the point of Plaintiff paying

Defendants electricity bill entirely, by his own admission, since June 2005, with

no contribution from the Defendant Nicklas Arthur Hoffman whatsoever,

(3) Defendants approach this Court with unclean hands: In addition to the

pattern of continuous harassment with repeated assault, battery, conversion of

property, robbery, burglary, theft, and intentional infliction of emotional distressIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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described above, Defendant Nicklas Arthur Hoffman and his attorney Robert J.

Fletcher have behaved so inequitably and unfairly, with such deceit and even

perjury in the California Superior Courts, that they cannot possibly approach this

court with clean hands and are therefore not entitled to any judgment in their

favor as a matter of equity,

(4) Original Contract vitiated by Defendants Fraud and Tortious Abuse:

Defendant Nicklas Arthur Hoffman and his attorney Robert J. Fletcher have jointly

and severally acted to with malicious intent to defraud the Plaintiffs Courtney and

Melody Gillespie of all their right, title, and interest in and to the subject property

at 1831 North Lime Street, Porterville, California 93257, and the damages owingfrom the Defendant Hoffman to Plaintiffs for his intentional torts of assault,

battery, conversion, embezzlement, intentional infliction of emotional distress, etc.,

described above make the Plaintiffs the Defendants creditor in tort or delict, which

debts could only be partially extinguished by quiet title,

(5) Ambiguous Instrument should be construed against the Drafter to create

a Constructive Trust: the hopelessly incomplete and partial written memorandum

(or memoranda) supporting the sale of property from Nicklas Arthur Hoffman to

Courtney Gillespie (Exhibit A) should be uniformly construed against the

Defendant Nicklas Arthur Hoffman drafter, as a joint assumption of trust between

these two parties, with Melody Ann Gillespie as the only possible or probably

intended beneficiary the grantor and grantee, especially in light of the testimony

and Tulare County Superior Courts Orders shown in Exhibits B-C.

(6) Ambiguous Instrument should be construed in favor of less sophisticated

party who has paid and suffered more: all ambiguities in the written instruments

(see Exhibit A, and live testimony given in Tulare County California Superior

Court, see Transcript in Exhibit B, and Courts Order Exhibit C) should be

construed in favor of the less sophisticated party, namely in favor of PlaintiffIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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Courtney Gillespie, who has paid more than the original cash price and been

subject to massive tortious abuse including assault, battery, conversion, intentional

infliction of emotional distress, etc., as described above,

(7) No Legal merit to Defendants Claims: Defendant Nicklas Arthur

Hoffmans demands to the sole possession of these ten acres of real estate or title

to this property in his favor have no basis in law or equity,

(8) Accounting for Actual or Constructive Fiduciary Trust favors Gillespies:

to the degree that the written memoranda supporting the agreement between

Courtney Gillespie and Nicklas Arthur Hoffman can be construed as an agreement

to acquire and administer the 10 acres as a common trust property between thePlaintiff Courtney and Defendant Nicklas as trustees, Defendant Nicklas Arthur

Hoffman has never provided an accounting but only demanded more, more, and

still more cash and labor from Plaintiff Courtney Gillespie and his wife Melody,

and accordingly, this Court should declare and adjudge that the trust relationship

should be extinguished on account of Defendants breach of fiduciary duty to the

Gillespie Plaintiffs, in addition to his assaultive behavior on all plaintiff, (9)

Accounting for actual or constructive partnership requires dissolution and

distribution of all partnership assets to the Gillespies: to the degree that the

written memorandum or memoranda (Exhibit A) supporting the agreement

between Courtney Gillespie and Nicklas Arthur Hoffman could be construed as a

partnership or joint tenancy, the partnership should be dissolved and all equities

accounted for on Courtney Gillespies side to make Courtney and Melody

Gillespie the sole owners of the property.

93. Wherefore, pursuant to any one or any combination of the nine theories

enumerated in paragraph 83 above, this Court ought to award all right, title, and

interest in all ten acres located at and more commonly known as 1831 North Lime

Street, Porterville, California 93257 to Plaintiffs Courtney and Melody Gillespie.In re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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EIGHTH CAUSE OF ACTION: DECLARATORY JUDGMENT TO

CONSTRUE AGREEMENT & PARTITION OF JOINT TENANCY



95. Pleading in the alternative, but without waiving the Plaintiffs to all ten acres

located at and known by the name 1831 North Lime Street, Plaintiffs, via this

Courts Exercise of Supplemental and Bankruptcy-Related To jurisdiction

invoke as the source of an alternative remedy California Civil Code 682 which

states that The ownership of property by several persons is either:

1. Of joint interest;

2. Of partnership interests;

3. Of interests in common;

4. Of community interest of husband and wife.

96. The ambiguous memorandum or memoranda (Exhibits A-C) supporting the

agreement between Plaintiff Courtney Gillespie and Defendant Nicklas Arthur

Hoffman, as noted above, is not susceptible to classification as to any of these

categories, except that under no circumstances whatsoever were Courtney

Gillespie and Nicklas Arthur Hoffman ever husband and wife with a community

property interest.

97. As summarized under the heading Seven Cause of Action: Quiet Title

above, the written memoranda supporting the agreement are ambiguous: these

memoranda are attached as Exhibit A to this Original Complaint, which must be

construed and understood in light of Exhibits B & C (Transcript of March 23, 2010

proceedings in Unlawful Detainer/Forcible Eviction Act and Tulare Count

Superior Courts Order entered at the conclusion of that hearing, 3-23-10).

98. Pursuant to the Declaratory Judgment Act, 28 U.S.C. 2201-2202

Plaintiffs Courtney & Melody Gillespie move and pray for a declaratory judgment



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from this Court in their favor, either for quiet title to the entire property as

specified in their Seventh Cause of Action Above or to declare Joint Tenancy, a

Tenancy-in-Common, or as a Partnership, and effect a partition of the property

together with a cash judgment against all Defendants for the several torts and

pattern of racketeering described above.

NINTH CAUSE OF ACTION: ACTUAL OR CONSTRUCTIVE FRAUD



100. Plaintiffs allege that Defendant Nicklas Arthur Hoffman both originally

intended to defraud Plaintiff Courtney Gillespie at the time of the making of theMemoranda shown in Exhibit A and that Defendant subsequently tried further and

additionally to defraud the Plaintiffs in the interpretation, construction, and

application of the contract over the next six years.

101. Defendant Nicklas Arthur Hoffmans attempted fraud on the Court in

claiming that the Plaintiffs were mere renters was rejected by the Tulare County

California Superior Court on March 23, 2010, when Defendant sought to maintain

an action for Unlawful Detainer/Forcible Eviction against the Plaintiffs.

102. Plaintiffs allege that Defendant Nicklas Arthur Hoffmans Daughter,

Defenant Nickol D. Gerritsma, individually and as Trustee for the H.M. Wysocki

Trust, either passively participated in actual fraud as a co-conspirator or actively

engaged in constructive or negligent misrepresentation or fraud by delegating her

responsibilities as Trustee for the H.M. Wysocki Trust to Nicklas Arthur Hoffman

and Robert J. Fletcher.

103. Plaintiffs Courtney and Melody Ann Gillespie pray for their full damages

resulting from Defendants fraud in the minimum amount of $720,000.00.

TENTH CAUSE OF ACTION: BREACH OF CONTRACT

104. Plaintiffs reallege 1-103 of this their Original Complaint and incorporateIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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105. Plaintiffs are naturalpersons at all relevant times in direct privity of contract

with Nicklas Arthur Hoffman; and Plaintiffs are such natural persons who, acting

at all times as laborers, within the meaning of California Civil Code 3089, were

self-employed employees or independently contracting self-employed persons,

who performed labor upon or bestowed skill or other necessary services on many

works of improvement and/or maintenance of the real property and structures

subject of this litigation, located at 1831 North Lime Street in Porterville

California (which work and labor projects are partially listed in Exhibit D: Notice

of Claim of Lien) by one or more direct contracts and agreements, with certainterms both express and implied, with Nicklas Arthur Hoffman for which

performance by labor was rendered continually between June 1, 2004 and October

11, 2011, the date of the Notice of Claim of Lien.

106. Courtney Ray Gillespie as a land or stationary engineer (journeyman

certified in plumbing, electrical, painting, welding, & carpentry) especially well-

qualified to do all the work and labor described in Exhibit D, the Notice of Lien,

attached to this complaint.

106. Plaintiffs are natural persons who also, acting as materialmen, within the

meaning of California Civil Code 3090, who furnished materials or supplies to be

used or consumed in many works of improvement and/or maintenance of the real

property and structures, subject of the present litigation, continuously between

June 1, 2004 and October 11, 2011, the date of filing the attached Notice of Lien.

107. No Notice of Cessation has ever been filed or requested by any party to

this litigation pursuant to California Civil Code 3092, and in fact labor has never

ceased on the subject property for any period of 30 consecutive calendar days since

June 1, 2004.

108. All work performed, labor carried out, and material provided has beenIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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conducted on the ten acres subject of this real estate, to wit:

LOT 10 of Hermosa Orange Colony, County of Tulare, State ofCalifornia, according to the Map thereof in Book 2, Page 131 of

Maps, Tulare County Records, with A.P.N. 255-230-004, morecommonly known as 1831 North Lime Street in Porterville, CA

109. All work performed, labor carried out, and material provided has been

provided or carried out pursuant to one or more express and/or implied complex

contracts for the complete and comprehensive development of these ten acres of

land, the sole actively negotiating parties to such single long-term complex

contract or series of contracts, with multiple terms, whether express or implied,

were Nicklas Arthur Hoffman, Courtney Ray Gillespie, and Melody Ann Gillespie.

110. Plaintiffs have performed all conditions and covenants to be performed on

its part under the agreement.

111. The labor, services, equipment, and materials furnished by plaintiff had

and have an approximately but reasonably and conservatively estimated total

market and/or replacement value of $724,002.00 exclusive of interest, which

Defendant Nicklas Arthur Hoffman either expressly or impliedly agreed to pay,

and of which labor and material which the Defendant Nicklas Arthur Hoffman has

claimed and received and continues to possess and enjoy all the benefits, except for

the small amount of land in which the Plaintiffs are allowed to continue to live, in

fear of their lives, and in constant fear of the Defendants irrational actions and

illegally abusive and assaultive conduct, from which Defendant Nicklas Arthur

Hoffman seeks to drive the Plaintiffs by constant harassment and intimidation, thus

reducing the Plaintiffs to a condition nearly approximating true debt peonage

within the meaning of United States statutes implementing the 13th

Amendment to

the Constitution adopted in 1865.

112. Defendant Nicklas Arthur Hoffman breached the agreement, in that he has



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never paid the Plaintiffs for any of their labor or materials, and there is now due

owing, the full estimated and approximate but utterly unpaid the sum of

$724,002.00, to which interest at the legal rate should be added on some amounts

since August 4, 2009, the first date of clear and obvious repudiation or breach, and

since October 11, 2011 on all remaining amounts.

113. If this Court should find that the terms and conditions of these Plaintiffs

contract with Defendant Nicklas Arthur Hoffman cannot be determined with

requisite legal certainty to grant damages for breach of contract as a matter of law,

the Court should allow the Plaintiffs to recover for their workin quantum meruitat

a rate which utilizes Courtney Ray Gillespies actual salary for similar work withSunMaid Raisins and to Melody Ann Gillespie for her actual cash investment in

goods, services, and the rental and acquisition of work supplies, material, and

equipment, including 7 prefabricated pinewood structures, all as described in the

attached Exhibit D: Notice of Claim of Lien.

ELEVENTH CAUSE OF ACTION: TO FORECLOSE MECHANICS LIEN

114. Plaintiffs reallege 1-113 and incorporate the same as if fully copied and

restated herein.

115. Because Plaintiffs contracted directly with Nicklas Hoffman and served his

attorney Robert J. Fletcher with a preliminary version of this Complaint on August

8, 2011, no demand is necessary, or an additional formal demand would be

redundant, pursuant to California Civil Code 3097.

116. On October 11, 2011, plaintiffs duly recorded a verified Mechanics' Lien

Claim, describing the building parcel and the labor, services, equipment, and

materials to be furnished on the work of improvement, in the official records of

Tulare County California, in accordance with the provisions of Civil Code

3084 & 8416.

117. The cost of recording the Mechanics' Lien Claim was $__________, noIn re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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part of which has been repaid.

118. Each of the Defendants (except for Robert J. Fletcher and Brett Thompson)

named in this complaint claims or has been alleged to have some right, title, or

interest in or to the building parcel, each of which claim is junior and inferior

to plaintiff's claim by operation of Article XIV, 3 of the Constitution of the State

of California and all statutory law implementing the same.

WHEREFORE, as to this their Eleventh Count for Foreclosure of their

Mechanics Lien, Plaintiffs demand judgment against all of the Defendants, except

for Fletcher & Thompson, jointly and severally, for the following:

(1) The sum of $724,002.00, together with interest according to law asdamages;

(2) The sum of $__________ in costs incurred in recording the verified

Mechanics' Lien Claim;

(3) The total sum of $__________, together with attorney fees and interest, be

ordered as a lien against the building parcel, senior and superior to any claim of

right, title or interest in or to the real property of any Defendants, and that the

real property be ordered sold by the Sheriff of Tulare County, California

according to law, and that all proceeds of sale be applied to plaintiff's claim and

to the cost of these proceedings and the sale of the real property;

(4) Reasonable costs of litigation as allowed under the Civil Code section

3148; and

(5) Any and all such other and further relief as the court shall deem or consider

proper as a matter of law or in equity.

TWELFTH CAUSE OF ACTION: CALIFORNIA CIVIL CODE 1714.10 IS

UNCONSTITUTIONAL

120 Plaintiffs reallege (1)-(119) as if fully recopied and restated herein below.In re Debtor---Melody Ann Castillo Gillespie: Original Complaint in Core Adversarial Action


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