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Bc 466 737 Plaintiff's Motion & Opposition to Illegal and Corrupt Order of 3-28-2012 (for Proof See...

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  • 7/28/2019 Bc 466 737 Plaintiff's Motion & Opposition to Illegal and Corrupt Order of 3-28-2012 (for Proof See Appeal b 223549) Can Lower Court Supersede Court of

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    JOSE CASTANEDAP. O. BOX 947PASADENA, CA 91102

    SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES

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    TO BE FILED UPON DEMAND!PER THE CONSTITUTION

    JOSE CASTANEDA, an individualtired of Judicial Corruption,Judicial Discrimination,Judicial Prejudice, JudicialThreats, Judicial MisconductEngineer an "Engineered" &"Predictive" Verdict orDecision by unlawful tacticsused in the court, and "NOT""Official" record which"Edit's" true justice!

    Plaintiff,

    ))))))))))))to ))))))))))on )))))))))))))))

    Case No.: BC 466 737[FILED IN GC 047300 & B 229512]PLAINTIFF'S MOTION & OPPOSITIONTO ILLEGAL, CORRUPT ORDER, BYTHE COURT ON MARCH 28, 2012 ...

    1. [FACT & EXHIBIT(S}: OF ACOURT ORDER THAT WAS ASSIGNEDFOR "ALL" PURPOSES TO JUDGEHICCOCK PHILIP] TO OLD & RIDGED TOUNDERSTAND THE NEW CRIMES COMMITTEDIN COURTS OF LAW! (Per Exhibi t 1#)2. PER ORDER OF THE COURT, BYJUDGE HICKOK, DIRECT "ALL"FILINGS TO PRESIDING JUDGE TOHEAR, BUT "ERASED" FROMOFFICIAL COURT RECORD! (PerExhibit 2#)3. PLAINTIFF'S NOTICE OFFOLLOWING & COMPLYING WITHCOURT'S ORDER VERBATIM. (Not onCourt Minutes & anotherjudicial lie in court)4. MY RIGHTS & PER THE LAW, TO"CONSOLIDATE" THE RELATED"FALSE" CASE (S) BY LAW

    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012

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    ***WHISTLE-BLOWER PROTECTION

    THAT THE LITIGATION HAS MERIT

    CRIMES OF JUDICIAL BRIBERY!***

    LITIGATION ONLY IF IT APPEARS

    8. JUDICIAL "INTIMIDATION" &JUDICIAL THREATS BY THE COURT

    6. OBSTRUCTION OF JUSTICE,TAMPERING WITH EVIDENCE TORECEIVE UNJUST REWARDS & AKICK-BACK FOR ALLOWING A SERIESOF LIES IN AS EVIDENCE7. SELLING OF DECISIONS BY"ENGINEERING" A PREDICTIVE &PURCHASED VERDICT OR DECISIONBY THE COURT TO ALLOW FALSEEVIDENCE, TO STEER CASES TO APURCHASED OUTCOME BY JUDICIALMANIPULATION TO RECEIVE A BRIBE

    5. ABUSE OF DUE PROCESS BASEDON A JUDICIAL BRIBE, JUDICIALPERJURY, JUDICIAL ABUSE OFDISCRECTION, AND PERJURY BYJUDGE FOR A BRIBE TO ALLOWFALSE EVIDENCE BY JUDGE HICKOKAND HIS CRAZY "SCREW UP"COURT!!! *Judge Hickok ...needsto retire and "Step Down orStep Aside!" FOR PROOF SEE EXHIBITlO#,Page 5#! Judge Hickok isjudicially senile and thinks he is anAppellate Court Judge, by now; hemust think he is a Supreme CourtJudfl.ein his "Cracked" MIND!!!

    "INTRODUCED" BY DEFENDANTS, ASTRUTHFUL, & THE COURT ASTRUTHFUL; THAT WEREMANUFACTURED, FALSE EVIDENCE,FALSE CASE(S), THAT WAS A LIETO THE COURT FOR A FAVOR &BRIBE BY DEFENDANTS TO RECIEVEUNJUST REWARDS FOR A BRIBE TOTHE BENCH. (For proof, seealtered court records, with noobjections by Defendants, whenfalse case(s) & false evidencewere introduced to & by thecourt by "ALL" parties!)

    Defendants;

    Vs.

    COURT THAT THE PRESIDING JUDGE

    AND HAS NOT BEEN FILED FOR THE

    ))))B. )))))))))))))))))))))))))))))))******************************* )))PURSUANT TO CAL. CIV. PROCEDURE) )

    391.7 (b) f PLAINTIFF MOVES THIS)))))SHALL PERMIT THE FILING OF SUCH)))))))))

    PURPOSES OF HARASSMENT OR DELAY ~)

    REQUESTED; WITH THE REWARD FOR

    DECISIONS BY JUDICIAL FRAUD &THE EXPOSING THE "SELLING OF

    AND THE FORMAL REQUEST FOR PROTECTIONAND FREE FROM RETALATION FOR EXPOSINGJUDICIAL CORRUPTION:

    ESTATE OF ROBERT BERKE,JOSEPH F. DEVANON, ANTOHONYDREWRY, RITA "SUNNY"MILLER,LISA MACCARLEY,SONIA MERCADO,EMAHN COUNTS, JACK K. CONWAY,SEVAG NIGOGHOSIAN, CHARLESLOVE, IVAN SHOMER, JAMES R.FELTON, LEON J. OWNES, ANDSAMUEL R. PAZ nominated byPresident Clinton in 1994 ANDDOES 1 through 10, inclusive,

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    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012

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    AS KNOWN TRAITORS TO THE

    MONEY OR A JUDICIAL BRIBE.

    INTO THE GROUND AND GUTTER!

    JUDGES OFF ARE RUNNING THE

    10. VIOLATION OF PENAL CODE182, JUDICIAL CONSPIRACY.

    UPON MY WITNESS & uINTERPRETER"IN THE COURT, WHILE"INTERPRETING" WITH HISSERVICES TO THE COURT & I.

    13. VIOLATION OF PENAL CODE 127SUBORDINATION OF PERJURY

    11. OBSTRUCTION OF JUSTICE INCASES GC 039459 & GC 039473 BYATTORNEY PRATT, CONWAY AND LISAM. MACCARLEY

    9. VIOLATION OF TITLE 18, 241 &242, CONSPIRACY TO VIOLATE MYRIGHTS BY "ALL" OFFICERS OF THECOURT, AS THE COURT ALLOWS FORA BRIBE

    17. TO VIOLATE THE CONSTITUTIONOF THE UNITED STATES, TREASON

    16. VIOLATION OF PENAL 67 & 68,OFFERING, & TAKING A BRIBE

    12. TAMPERING WITH EVIDENCE,FOR PROOF SEE CASES BS 118244,BC 402096, GC 042105, & GC045202 THE REMOVAL OF A"STIPULATION" FORCED BY SAM R.PAZ

    14. VIOLATION OF PENAL CODE 132OFFERING FALSE EVIDENCE FOR ACONVICTION; TO RECEIVE AJUDICIAL BRIBE.15. VIOLATION OF PENAL CODE 134PREPARING OF FALSE EVIDENCE(CASES No GC 039743, & YS017992)

    18. Violation Cal. Civ. Proc.Code 391.7 (b) "THE PRESIDINGJUDGE SHALL PERMIT THE FILINGOF SUCH LITIGATION ONLY IF IT .

    OFFICE, AND THEMSELVES FOR

    INCLUDING JUDGES DREWRY,

    COURTS AND OUR COUNTRY DOWN

    NIGOGHOSIAN, VIOLATING THE

    )))))SIMPSON, MILLER, DEVANON, AND ))ATTORNEYS PAZ, MERCADO,SHOMER, ))BERKE, OVERTON, FELTON, COUNTS, ~)))CONSTITUTION OF THE U.S.A. AND ~)BETRAYING THEIR OATH OF OFFICE, ))

    ))

    CONSTITUTION, THE PEOPLE, THEIR ~))))))))))))))))))))))))))))))

    THE DIRTY ATTORNEYS THAT PAY

    DUE TO OFFICERS OF THE COURT,

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    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012

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    1 INTRODUCTION: In comes the Plaintiff, Jose Castaneda, et. al.,2 IIMotion, Pleading, & Opposing a "So-Called" Order of Vexatious3

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    Litigant trial or hearing, on 03/28/2012, with his "Interpreter"and witness, Mr. James Blume, former Marine with an HonorableDischarge, and a "Good Conduct" award, former Police Officer,former Peace Officer for the state of California, who was order tobe quiet while clarifying the court's facts and direction of thecase, while Interpreting, clarifying, and in the "Proper" Content!

    JUDICIAL "INCIDENT" THAT DEPRIVE ME OF MY RIGHTS: Request for"Judicial Notice" of all cases that were presented in court as trueevidence but were really false. (A Judicial Fallacy) This illegaland criminal act that was conducted in a court of law violated myrights to a fair trial, and was done based on a Judicial Bribe. For

    proof, the cases and evidence that were introduced as evidence areas follows:

    On EXHIBIT "1", As Tentative Ruling in Case BC 466737, thatwas given, and manufacture by the court. On Exhibit 1, Page I,

    22 IIBottom of page or last paragraph it states a list of cases that2324

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    were falsely used to find me a "Vexatious Litigant":

    In Case # 1.: GC 044745, Estate of Felicitas Castaneda v.Susana Castaneda [Exhibit 2], I re-open and filed this case as anAdministrator of the Estate of Felicitas Castaneda. The connectedor attached case is GC 039459, I am enclosing the Court Minutes

    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012

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    that Shows Lisa MacCarley and Jack Conway, who appeared on 4/16/08,and both attorneys "agreed" to dismissed case "with Prejudice".This proves conspiracy. It is a lie that I am a "VL" and trying tore-litigate the same issue, or case! [Exhibit 11, P~ge 4]

    in Case # 2. GC 039743, Haifen Ye AKA Jean Lucero vs.Garfield Medical Center [Exhibit 3] Filed by Attorneys Trapp &Krepack. Not by me, and for the official record, I don't know them.I never filed this case; the court claimed I did!!! This isjudicially insane, unless it was "intentionally" done to find meguilty!!! The Parties listed are Gordon Edelstein Krepack forPlaintiff, and Attorney Janet Eiko Trapp for the Defendant, I neverhired this attorneys or have conducted any business dealing withthem, it was just made up in Judge Hickok courtroom! [See Exhibit3, Page 2, and Page 3]

    In Case # 3. GC 045202, Estate of Felicitas Castaneda v. TheLaw Firm of Jack K. Conway [Exhibit 4] As Administrator of theEstate, It was my job to file the case to pursue a claim againstConway for "gross intentional legal malpractice" of dismissing thetwo cases opened by Chad T. Pratt, who was fired for his dishonestyas he was requesting thousands of dollars to pursue a straightforward matter of fraud where monies where missing. There were wellover $112,000.00 missing from my mother's accounts, and Pratt wasaccepting $5,000.00 dollar settlement for the return of theproperty that was taken and stolen from the estate. For proof, seeletter of dishonest Attorney, Lisa Marie Maccarley, as Exhibit II,Page I, as MacCarley writes: "HAVING SAID THAT, MY CLIENTS WILLAGREE TO TRANSFERRING THEIR INTERESTS IN THE REAL PROPERTY TO 1377RUTAN WAY, PASADENA, IF THAT IS WHAT MRS. CASTANEDA DESIRES" [SeeExhibit 11, Page 1, fourth paragraph for proof of the theft fromthe estate.

    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012

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    In Case # 4. Case YS 017992, Jose Castaneda v. Daniel Papas[Exhibit 5] Be advised, this case was filed in The City ofInglewood Courthouse, and is apparently fabricated by the court fora Judicial Bribe! I never filed this case! The court continues tolie and Manufacture Evidence and fake cases to receive a JudicialBribe, and to keep the "Kick-Back" monies received by the opposingParty, that bribed the court! It is NOT my case, I never filed thiscase the court claimed I did! The court lies and claims along withthe Defendant's by stating I did file a case in court, but I didNOT! For proof, "NO" objections were made in court, "NO"corrections were made in court, "NO" clarifications were ever madein court, just continuous lies in this "Dirty" County courthouse,with dirty Judges that now "ACT" as an Appeals Court Justices,overturning the Appellate Court's Decisions already made in thissame case and Jurisdiction! !! This is criminal behavior by aSuperior Court Judges in this Jurisdiction, applying "DoubleJeopardy! Can a Superior Court Judge, Judge Hickok "Act" as anAppeals Court Judge, and "OVERTURN" the Appeals Court Ruling, inthe Superior Court? CAN A SUPERIOR COURT JUDGE RETRY AN APPELLATECOURT CASE AND OVERTURN IT in the Superior Court for a bribe???

    In Case # 5. GC 036176, Felicitas Castaneda, Jose Castaneda v.Sonia Mercado [Exhibit 5], I did file this case on behalf of mymother, Felicitas Castaneda, after the discovery of "investment"for $113,626.25 made at Attorney Sonia Mercado's FinancialInstitution or Bank. Attorney Mercado put my mother's money in herown Bank; to steal from my mother's estate!

    On Case # 6. B 229567, Castaneda v. Superior Court of LosAngeles County et al. Related Case GC 045202, Castaneda v. Conway.

    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012

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    Be advised, there is NO Superior Case other than the above [Exhibit10, Page 1 & 2, that lists Trial Court Case GC 045202, Castaneda v.Conway]

    In Case # 7. B 227826, Castaneda v. S.C.L.A. Related Caseconnected to case GC 042105. Be advised, there is NO Superior Caseother than the above. I did NOT file this case, as stated by thecourt. This is a lie! For Proof, I never filed, signed, orsubmitted this Fraudulent Case or Complaint. Attorney MacCarley didfile this case. Not me as per the court thinks I did! Forproof, [See Exhibit 10, Pages 3 & 4, that lists Trial Court Case GC042105, Ramirez Et Al v. Castaneda] This case B 227826, was falselyand "intentionally" was wrong, and the appeal case was filed onbehalf of the Defendants to win a "designed", and "engineered" caseof "Vexatious Litigant" against me, but based on a JudicialConspiracy to commit theft to win this fake constructed VexatiousLitigant case! For clear, and "Absolute" proof, I do "NOT" fit thecriteria of Vexatious Litigant, per the Court of Appeals, DivisionFive, in Case B223S49, an appeal from Superior court Case BC402096.I lost a case filed by Attorney Mercado by Default because mylawyer, Attorney Conway was too busy lying to the court! After Iappealed case BC 402096, Mercado and Paz filed a Vexatious Litigantcharge against me because I expose their lies and the investmentfraud. they filed that case to retaliate against me and to keep mequiet in exposing the scam to steal from the Estate. The Court didnot believe them, and the Motion was denied. For Proof, See Exhibit9, and on Page S,at bottom on number 2, it reads: "WE ALSO DENYPLAINTIFFS' REQUEST FOR AN ORDER FINDING DEFENDANT A VEXATIOUSLITIGANT BECAUSE PLAINTIFFS PROVIDE INSUFFICIENT EVIDENCE FOR THISCOURT TO DETERMINE WHETHER DEFENDANT IS A VEXATIOUS LITIGANT UNDERSECTION 391 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE"

    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012

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    ON EXHIBIT 7#. Is The Order Finding that Jose Castaneda AKAJose Salazar Castaneda a vexatious litigant and Prohibiting hisfiling of new litigation pursuant to CCP 391.7 and made by thecourt based on Fraudulent Cases, Fraudulent Evidence, anddistorting Case Law based on a Judicial Bribe. For proof, the Caseand the Order was never based on true and relevant evidence. Thiswas a Purchased Decision by the court for a Judicial Bribe. This isinsane, and makes no sense, if the Court of Appeals that supersedethe Superior Court and states I am not a Vexatious Litigant, howcan the Superior Court grant a Motion on the same evidence. This isdouble jeopardy to backdoor my rights and commits Judicial Fraud onthe Court! The Defendants are forum shopping looking for favorabledecision based on a bribe. Again, it is improper and illegal forthe Superior Court, a lower Court, to supersede a Higher Court.

    A} The Court Order in Case No. Be 466737, Castaneda v.Estate of Robert Berke, [Exhibit 7, Page 1, Lines 24 -27] Clearlydisplays and shows that, "having considered Defendants SoniaMercado and R. Samuel Paz motion for a finding that Plaintiff JoseCastaneda is a vexatious litigant and to require him to post asecurity, and having considered the opposing papers, heardarguments of Jose Castaneda and counsel, the motion is GRANTED.HHow can the Court grant this Ridiculous Order based on falseevidence supplied and manufactured by the court and officers?

    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012

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    [SEE Exhibit 7, Page 1, Lines 24 through 27] This Order was clearlybased on false evidence planted by the court to find me guilty.These officers of the Court are out of control and must be stoppedimmediately!

    For absolute Proof, even supplied by the Court, and handed tome at the Hearing of March 28, 2012, it reads and states that theCode of Civil Procedure Section 391. Subsections (b) defines a"vexatious litigant" as a person who files in the immediatelypreceding 7 year period, has commenced, prosecuted, or maintainedat least 5 litigation. I DID NOT, OR EVER, AS PER THE EXHIBIT 1SUPPLIED BY THE COURT, FILED 5 LITIGATIONS ON THE SAME CAUSE OFACTION, OR RE-LITIGATED THE SAME CLAIMS FINALLY DETERMINED. For

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    this action because my name is Jose Castaneda, "IT IS NOT" HAIFEN

    YE AKA JEAN LUCERO v. GARFIELD MEDICAL CENTER.

    ARGUMENT FOR "A" THE ABOVE: This is false and fraudulent evidencemanufactured by the court (that the Court supplied to find me aVexatious Litigant!?)And this false evidence that the courtsupplied was manufactured by the court to find me guilty.

    B) The Court Order in Case No. BC 466737, Castaneda v.Estate of Robert Berke, [Exhibit 7] Clearly displays and shows thaton Page 2, on Line 18 it states as Case YS 017992, caption JoseCastaneda v. Daniel Papas, I did NOT filed this case in the

    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012

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    Inglewood Courthouse, this is Judicial Fraud. For proof it wasfraud, the Judge never ask me if it was my filing, the Courtplanted the evidence, and to prove the court planted the evidence,it was never Certified, Confir.med, Verified, Affir.med or evenSubstantiated by anyone in court presided by Judge Hickok. I swearunder the penalty of perjury Case YS 017992, as Exhibit 4, IS NOTme! Who would file and present false evidence to the court to findme guilty? I was framed by false evidence that the Court allowed beplanted! With this tactics and shenanigans, I will never win a casein this Jurisdiction, ever! In addition, I DO NOT know anyone bythe name that appears in case Caption as Defendant Daniel Papas.

    Furthermore, and on same Order on Page 2, and on Line 21, itlists case B 223549 TWICE [SEE Court Opinions denying the VexatiousLitigant already adjudicated in the Court Appeals Justices that wasdenied by Judge Kumar, J., and concurring and approved byAr.mstrong, Acting P.J. and Mosk, J.Court, and I flatly deny everfiling cases B 2229567 (a quick look at the Court of appealswebsite it lists as a related GC 045202, heard in Dept. "R",

    22 II Presided by Simpson at Pasadena Superior Court case.232425262728

    Be advised, Court Clerk Patricia Morejon advises me,illegally, to amend the Complaint GC 045202!I also deny ever filingcase B 227826 (a quick look at the Court of appeals website it

    PLAINTIFF'S MOTION & OPPOSITION TO ILLEGAL ORDER OF 3/28/2012


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