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Daniel Borsotti10153 Riverside DriveSuite 501Toluca Lake, California661-312-3268Attorney in Fact

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UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

10 Daniel Adam Borsotti,

11 Claimant,

12 v.

13 Quality Loan ServicesCorporation,

14Defendant.

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-p~ ._~~ ~~~~j

Case No. 2:16-cv-07603-FMO(JCx)

SUMMARY RULINGDIRECT CONTEMPT;BENCH WARRANTin re Fernando Manzano Olguin;

ORDER TO SHOW CAUSE;

IORDER

1. TO ANY JUDGE, MARSHALL, SHERIFF, CORONER, PEACE OFFICER, OROTHER PERSON IN CIVIL OR MILITARY AUTHORITY UNDER THE UNITEDSTATES, YOU ARE ORDERED TO EXECUTE THIS ORDER AS FOLLOWS:

2. You shall forthwith secure from one Fernando Manzano Olguin,a promise that he will henceforth obey all orders of the above-entitled court of record. The secured promise may betelephonic, oral or in writing. A copy of this bench warrantshall be given to Fernando Manzano Olguin.

3. If Fernando Manzano Olguin does not provide said promisewithin seventy-two (72) hours of you apprising him of thisorder, you shall attach the body of Fernando Manzano Olguin andhold him in custody until he does provide said promise, or untilfinal adjudication of this case, whichever occurs first.

4. Upon securing his promise, you shall file in this court yourcertificate that you have secured said promise. Otherwise,without delay you shall report to the court the results.

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5. A photocopy or conformed copy of this order shall be asvalid as the original on file.

IIAUTHORITY FOR CONTEMPT POWER

6. "The judicial Power shall extend to all Cases, in Law andEquity, arising under this Constitution, the Laws of the UnitedStates..." Constitution for the United States of America,Article III, ~ 2-1

7. The following terms are defined in the footnotes:

FN TERM~ People2 Republic3 Sovereign4 Court5 Court of Record6 Tribunal

~ The word "people" may be either singular, plural, or collective (Note, the plural of "person" is "persons"):[singular] ...considered as....any portion of the inhabitants of a city or country.[plural] The body of persons who compose a community, town, city or nation.[collective] We say, the people of a town; the people of London or Paris; the English people. In this sense, theword comprehends all classes of inhabitants, considered as a collective body,... Webster's 1828 Dictionary

Z "Republican goverrunent. One in which the powers of sovereignty are vested in the people and are exercised by thepeople, either directly, or through representatives chosen by the people, to whom those powers are speciallydelegated." In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22L.Ed. 627." Black's Law Dictionary, Fifth Edition, p. 626 [emphasis added]

3 "...in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remainswith the people, by whom and for whom all goverrunent exists and acts." Yick Wo vs Hopkins and Woo Lee vsHopkins, 118 U.S. 356, 370

"Sovereignty is the right to govern; a nation or State sovereign is the person or persons in whom that resides. InEurope, the sovereignty is generally ascribed to the Prince; here, it rests with the people; there, the sovereignactually administers the government here, never in a single instance; our Governors are the agents of the people,and, at most, stand in the same relation to their sovereign in which regents in Europe stand to then sovereigns. TheirPrinces have personal powers, dignities, and preeminences; our rulers have none but official; nor do they partake inthe sovereignty otherwise, or in any other capacity, than as private citizens." Chisholm v. Georgia, 2 Dall. 419, 472;"... at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but

they are sovereigns without subjects... and have none to govern but themselves". Chisholm v. Georgia, 2 Dall. 419,471-472;Who is the sovereign? In this case it is the people in singular capacity. It is one of the people as contemplated in

the Preamble of the 1789 Constitution for the United States of America.

4 The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever thatmay be. [Black's Law Dictionary, 5th Edition, page 318.]

5 A court of record is, "A judicial tribunal having attributes and exercising functions independently of the person ofthe magistrate designated generally to hold it [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parteGladhill, 8 Meta Mass., 171, per Shaw, C.7. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689]"Black's Law Dictionary, 4th Ed., 425, 426;

6 "[Latin tribunal from tribunus, a tribune, who administered justice.] A court of justice." Webster's 1828Dictionary

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Magistrate (Judge)8 Order9 Power of Contempt

to Marshal

8. This court is a court of record. 11 The judge is aministerial magistrate. 12 He is the highest judicial officer ofthe court, but he is neither the tribunal nor the court.

13

9. The ministerial Magistrate 19 may not make any rulings on

~ "MAGI STRATE. A person holding official power in a government; as: a) The official of highest rank in agovernment (chief, or first, magistrate). b) An official of a class having summary, often criminal, jurisdiction."Webster's New Practical Dictionary, 386 (1953), G. & C. Merriam Co., Springfield, Mass."MAGISTRATE, an official entrusted with administration of the laws", Memam-Webster On-Line Dictionary"MAGISTRATE, Person clothed with power as a public civil officer. State ex rel. Miller v. McLeod, 142 Fla.254, 194 So. 628, 630." Black's Law Dictionary, 4th Ed., 1103The judge is a magistrate in a court of record; but he is not the court. His duties are purely ministerial.

$ "A mandate; precept; command or direction authoritatively given; rule or regulation. Brady v. InterstateCommerce Commission, D.C. W.Va., 43 F.2d 847, 850. Direction of a court or iud~e made or entered in writing,and not included in a judgment." Black's Law Dictionary, Fifth Edition, P. 988 [emphasis added]

9 "The moment the courts of the United States were called into existence and invested with jurisdiction over anysubject, they became possessed of this power" [i.e., the contempt power]. Ex parte Robinson, 86 U.S. (19 Wall)505, 510 (1873)

to "United States marshals, deputy marshals and such other officials of the Service as may be designated by theDirector, in executing the laws of the United States within a State, may exercise the same powers which a sheriff ofthe State may exercise in executing the laws thereof." 18 USC 564"(a) It is the primary role and mission of the United States Marshals Service to provide for the security and toobey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, theCourt of International Trade, and the United States Tax Court, as provided by law." 18 USC 566

~ i "Creation and composition of district courts. (a) There shall be in each judicial district a district court which shallbe a court of record known as the United States District Court for the district." 28 USC 132

lz "MAGISTRATE. A person holding official power in a government; as: a The official of highest rank in agovernment (chief, or first, magistrate). b An official of a class having summary, often criminal, jurisdiction."Webster's New Practical Dictionary, 386 (1953), G. & C. Merriam Co., Springfield, Mass."MAGISTRATE, an official entrusted with administration of the laws", Merriam-Webster On-Line Dictionary"MAGISTRATE, Person clothed with power as a public civil officer. State ex rel. Miller v. McLeod, 142 Fla.254, 194 So. 628, 630." Black's Law Dictionary, 4th Ed., 1103

13 A court of record is, "A judicial tribunal having attributes and exercising functions independently of the person ofthe magistrate designated generally to hold it [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parteGladhill, 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;

14 NOTE: All judges and justices are magistrates.The following persons are magistrates:...The judges of the superior courts.... [California Penal Code, Sec. 808].MAGISTRATE. An official entrusted with administration of the laws. Merriam-Webster On-Line DictionaryMAGISTRATE. Person clothed with power as a public civil officer. State

ex rel. Miller v. McLeod, 142 Fla. 254, 194 So. 628, 630. Black's Law Dictionary, 4th Ed., 1103MAGISTRATE. A puhlic officer helonging to the civil organization of the state, and invested with powers and

functions which may be either judicial, legislative, or executive. Martin v. State; 32 Ark. 124; Ex parte White, 15Nev. 146, 37 Am.Rep. 466; State v. Allen, 83 Fla. 655, 92 So. 155, 156; Merritt v. Merritt, 193 Iowa 899, 188 N.W.32, 34. Black's Law Dictionary, 4th Ed., 7103

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anything before the court. That function is reserved to thetribunal in order to preserve the integrity of the structure ofthe court of record, namely that the tribunal is independent ofthe magistrate,15

10. Judicial authority to cite an individual for contempt ofcourt is as old as the courts themselves. 16 "Courts of justiceare universally acknowledged to be vested, by their verycreation, with power to impose silence, respect, and decorum, intheir presence, and submission to their lawful mandates." 17

11. The Supreme Court of the United States acknowledges thesuperior standing of a court of record. It said, "The judgmentof a court of record whose jurisdiction is final, is asconclusive on all the world as the judgment of this court wouldbe. It is as conclusive on this court as it is on other courts.It puts an end to inquiry concerning the fact, by deciding it."Ex parte Watkins, 3 Pet., at 202-203. [cited by SCHNECKLOTH v.BUSTAMONTE, 412 U.S. 218, 255 (1973)]

12. Because of the rules and the potential for misunderstandingby the magistrate, on January 25, 2017 this court of recordissued sua sponte the ORDER, MAGISTRATE'S DUTY ASSIGNMENT [DKT.N0. 69], which clarified and defined the duties of theministerial magistrate's administrative authority. 18 In theAnglo-American legal system, for over 800 years the magistrateis merely the top officer of a court. He is neither the courtnor the court of record. 19

13. A court of record, which is a court of law, is not to beconfused with an inferior equity court. 20

15 COURT OF RECORD: A judicial tribunal having attributes and exercising functions independently of the personof the magistrate designated generally to hold it [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex paneGladhill, 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]16 "The moment the courts of the United States were called into existence and invested with jurisdiction over anysubject, they became possessed of this power [i.e., the contempt power]." Ex pane Robinson, 86 U.S. (19 Wall)505, 510 (1873)

" Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991); Anderson v. Dunn, 6 Wheat. 204, 19 U. S. 227 (1821); Seealso Ex pane Robinson, 19 Wall. 505, 86 U. S. 510 (1874).18 "MAGISTRATE. A person holding official power in a government; as: a The official of highest rank in agovernment (chief, or first, magistrate). b An official of a class having summary, often criminal, jurisdiction."Webster's New Practical Dictionary, 386 (1953), G. & C. Merriam Co., Springfield, Mass."MAGISTRATE, an official entrusted with administration of the laws", Merriam-Webster On-Line Dictionary"MAGISTRATE, Person clothed with power as a public civil officer. State ex rel. Miller v. McLeod, 142 Fla.254, 194 So. 628, 630." Black's Law Dictionary, 4th Ed., 1103

19 "Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a freeman to lose his court." Magna Carta, Article 34

20 "Inferior courts" are those whose jurisdiction is limited and special and whose proceedings are not according tothe course of the common law." Ex Parte Keamy, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652

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IIISUMMARY RULING DIRECT CONTEMPT

14. TREASON TO THE CONSTITUTION: ~~We [the Court] have no moreright to decline the exercise of jurisdiction which is giventhan to usurp that which is not given. The one or the otherwould be treason to the Constitution." Cohens v. Virginia, 19U.S. 264, 404 (1821)

15. This court 21 of record zz finds that the judge, FernandoManzano Olguin, who is a magistrate, 23 shows a pattern ofcontemptuously committing treason to the Constitution byassuming jurisdiction where there is none. He usurped thefunction of the court's tribunal. Z4

16. Fernando Manzano Olguin has the job title of "Judge". Hisadministrative duties were defined in ORDER, MAGISTRATE'S DUTYASSIGNMENT [DKT. N0. 69]. The order disqualified him fromacting as a tribunal. In a court of record he likewise isdisqualified. Each time he issued an order, he violated his jobdescription as well as violated Judicial Canons 3A (2) and3B (1) . 5

17. Fernando Manzano Olguin violated Judicial Canon 3B(2) 26 by

z1 COURT. The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue,wherever that may be. [Black's Law Dictionary, 5th Edition, page 318.]

ZZ 28 USC 132 Creation and composition of district courts

(a) There shall be in each judicial district a district court which shall be a court of record known as the United StatesDistrict Court for the district.

~~ MAGISTRATE. A person holding official power in a government; as: a The official of highest rank in agovernment (chief, or first, magistrate). b An official of a class having summary, often criminal, jurisdiction.Webster's New Practical Dictionary, 386 (1953), G. & C. Merriam Co., Springfield, Mass.MAGISTRATE, an official entrusted with administration of the laws. Merriam-Webster On-Line DictionaryMAGISTRATE, Person clothed with power as a public civil officer. State ex reL Miller v. McLeod, 142 Fla. 254,

194 So. 628, 630. Black's Law Dictionary, 4th Ed., 1103"The following persons are magistrates: ...The judges of the superior courts...." [California Penal Code, Sec. 808.]

24 COURT OF RECORD: "A judicial tribunal having attributes and exercising functions independently of theperson of the magistrate designated generally to hold it [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Exparte Gladhill, 8 Metc. Mass., 171, per Slaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688,689" Black's Law Dictionary, 4th Ed., 425, 426

25 "The duties of judicial office take precedence over all other activities. In performing the duties prescribed by law,

the judge should adhere to the following standards: ..."3A(2) A judge should hear and decide matters assigned, unless disqualified, and should maintain order and

decorum in all judicial proceedings." [emphasis added]"3B(1) A judge should diligently discharge administrative responsibilities, maintain professional competence in

judicial administration, and facilitate the performance of the administrative responsibilities of other judges and courtpersonnel.

26 3B(2) "A judge should not direct court personnel to engage in conduct on the judge's behalf or as the judge'srepresentative when that conduct would contravene the Code if undertaken by the judge."

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directing court personnel to file his unlawful orders. Further,the ripple effect violates Judicial Canon 2A. 27

18. The above-entitled court is a court of record. 28 Theministerial magistrate (i.e. the judge) may not make anydecision that is reserved to the tribunal.

19. On seven (7) occasions Fernando Manzano Olguin commandeeredthe court by usurping the powers of the tribunal:

January 27, 2017 [DKT. NO. 71]March 8, 2017 [DKT. N0. 84]March 15, 2017 [DKT. N0. 85]March 22, 2017 [DKT. NO. 88]March 29, 2017 [DKT. NO. 91]April 12, 2017 [DKT. NO. 94]April 20, 2017 [DKT. N0. 95]

20. Fernando Manzano Olguin is a Magistrate, neither the courtnor the tribunal. His duties are well defined [DKT. NO. 69].He may only act beyond those duties if he first obtains leave ofcourt. He never obtained such leave.

21. Despite nine (9) admonishments [see DKT. N0. 79 (writ), 86(contempt), 87 (writ), 89 (writ), 90 (contempt), 92 (writ), 93(contempt), and 95 (contains writ & contempt)] Fernando ManzanoOlguin persists in his contemptuous behavior. His directinterference with court process resulted in obstructing theadministration of justice, disobedience, and resistance to thelawful writs and orders of this court. 2922. For the reasons stated above, this court of record FindsFernando Manzano Olguin in direct contempt of this court andissues this bench warrant as written in Section I above.

Z' CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY INALL ACTIVITIESCANON 2A. Respect for Law. A judge should respect and comply with the law and should act at all times in amanner that promotes public confidence in the integrity and impartiality of the judiciary.

Z$ A court of record is, "A judicial tribunal having attributes and exercising functions independently of the person ofthe magistrate designated generally to hold it [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; ExparteGladhill, 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.

Z9 As Chief Justice of the United States Warren E. Burger noted in an address to the American Bar Association in1970: "A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people andthree things could destroy that confidence and do incalculable damage to society: that people come to believe thatinefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in thesmaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching;that people come to believe the law — in the larger sense —cannot fulfill its primary function to protectthem and their families in their homes, at their work, and on the public streets." Justice delayed is justice denied.

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IVORDER TO SHOW CAUSE

23. Further, the magistrate, claimant, and defendant are eachordered to file and serve on all other interested parties andmagistrate a brief no later than May 10, 2017 to show cause, ifany there be, to this court why any of these DIRECT CONTEMPTshould not take effect or should be modified. Failure to showcause shall constitute concordance of all interested personswith this CONTEMPT ORDER. An unauthorized order from themagistrate is not a valid showing of cause. Unless requested,there will be no oral argument. The court, mindful of therights of the parties and the importance of fair play, willliberally construe the written arguments presented.

VLAW OF THE CASE

24. This court takes judicial cognizance of and decrees thefollowing as the law of the case:

25. JUDICIAL COGNIZANCE: Judicial notice, or knowledge uponwhich a judge is bound to act without having it proved inevidence. [Black's Law Dictionary, 5th Edition, page 760.]

26. TREASON TO THE CONSTITUTION: ~~We [the Court] have no moreright to decline the exercise of jurisdiction which is giventhan to usurp that which is not given. The one or the otherwould be treason to the Constitution." Cohens v. Virginia, 19U.S. 264, 404 (1821)

27. OBSTRUCTING JUSTICE: Impeding or obstructing those whoseek justice in a court, or those who have duties or powers ofadministering justice therein. Toledo Newspaper Co. v. U.S.,247 U.S. 402, 38 S.Ct. 560, 564, 62 L.Ed. 1186 Black's LawDictionary, Sixth Edition, P. 1077

28. OBSTRUCTION OF COURT ORDERS. Whoever, by threats or force,willfully prevents, obstructs, impedes, or interferes with, orwillfully attempts to prevent, obstruct, impede, or interferewith, the due exercise of rights or the performance of dutiesunder any order, judgment, or decree of a court of the UnitedStates, shall be fined under this title or imprisoned not morethan one year, or both.

No injunctive or other civil relief against the conduct madecriminal by this section shall be denied on the ground that suchconduct is a crime. 18 U.S. Code ~ 1509

29. BREACH OF DUTY: In a general sense, any violation oromission of a legal or moral duty. More particularly, theneglect or failure to fulfill in a just and proper manner theduties of an office... Black's Law Dictionary, Sixth Edition, P.189

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30. CONTUMACIOUS CONDUCT: Wilfully stubborn and disobedientconduct, commonly punishable as contempt of court. Black's LawDictionary, Sixth Edition, P. 330.

31. MALICE IN LAW: "The intentional doing of a wrongful actwithout just cause or excuse. Lyons v. St. Joseph Belt Ry. Co.,232 Mo.App. 575, 84 S.W.2d 933, 944". Black's Law Dictionary,Fifth Edition, P. 863; "Malice in law is not necessarilypersonal hate or ill will, but it is that state of mind which isreckless of law and of the legal rights of the citizen."Black's Law Dictionary, Fifth Edition, P. 862

32. UNLAWFUL FORCE: Force...which is employed without theconsent of the person against whom it is directed and theemployment of which constitutes an offense... Black's LawDictionary, Fifth Edition, P. 580

33. Constitution for the United States of America

34. Constitution for the United States of America Amendment IV

35. Constitution for the United States of America Amendment XIV

36. 18 USC 241

37. 18 USC 242

38. 42 USC 1982

39. 42 USC 1983

40. 42 USC 1985(3)

41. The Congress as the instrumentality of sovereignty isendowed with certain powers to be exerted on behalf of thepeople in the manner and with the effect the Constitutionordains. The Congress cannot invoke the sovereign power of thepeople to override their will as thus declared. Lynch v. UnitedStates, supra, pages 580, 582, of 292 U.S. 54 S.Ct. 840. Citedby Perry v. United States, 294 U.S. 330, 353 (1935).

42. In the United States, sovereignty resides in the peo~le whoact through the organs established by the Constitution. 3

43. The sovereignty of the state resides in the people

3o Sovereignty is the right to govern; a nation or State sovereign is the person or persons in whom that resides. InEurope; the sovereignty is generally ascribed to the Prince; here, it rests with the people; there, the sovereignactually administers the government; here, never in a single instance; our Governors are the agents of the people,and, at most, stand in the same relation to their sovereign in which regents in Europe stand to their sovereigns. TheirPrinces have personal powers, dignities, and preeminences; our rulers have none but official; nor do they partake inthe sovereignty otherwise, or in any other capacity, than as private citizens. Chisholm v. Georgia, 2 Dall. 419, 472;

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thereof... [California Government Code, Section 100(a)]

44. The people of this state do not yield their sovereignty tothe agencies which serve them. [California Government Code,Sections 11120 and 54950.]

45. Laws, whether organic or ordinary, are either written orunwritten. [California Code of Civil Procedure, Section 1895.]

46. A written law is that which is promulgated in writing, andof which a record is in existence. [California Code of CivilProcedure, Section 1896]

47. The organic law is the Constitution of Government, and isaltogether written. Other written laws are denominatedstatutes. The written law of this State is therefore containedin its Constitution and statutes, and in the Constitution andstatutes of the United States. [California Code of CivilProcedure, Section 1897]

48. Any judicial record may be impeached by evidence of a wantof jurisdiction in the Court or judicial officer, of collusionbetween the parties, or of fraud in the party offering therecord, in respect to the proceedings. [California Code ofCivil Procedure, Section 1916]

49. ...at the Revolution, the sovereignty devolved on thepeople; and they are truly the sovereigns of the country, butthey are sovereigns without subjects...with none to govern butthemselves..... [CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 LEd 440, 455 @DALE (1793) pp471-472.]

50. The very meaning of 'sovereignty' is that the decree of thesovereign makes law. [American Banana Co. v. United Fruit Co.,29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann.Cas. 1047]

51. The people of this State, as the successors of its formersovereign, are entitled to all the rights which formerlybelonged to the King by his prerogative. [Lansing v. Smith, 4Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89 10C Const. Law Sec. 298; 18C Em.Dom. Sec. 3, 228; 37 C Nay.Wat. Sec. 219; Nuls Sec. 167; 48C Wharves Sec. 3, 7.]

52. A consequence of this prerogative is the legal ubiquity ofthe king. His majesty in the eye of the law is always present inall his courts, though he cannot personally distribute justice.(Fortesc.c.8. 2Inst.l86) His judges are the mirror by which theking's image is reflected. 1 Blackstone's Commentaries, 270,Chapter 7, Section 379.

53. ....This declaration of rights may not be construed toimpair or deny others retained by the people. [California

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FL^

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Constitution, Article 1, Declaration Of Rights Sec. 24.]

54. The state cannot diminish rights of the people. [Hertadov. California, 110 US 516.]

55. The assertion of federal rights, when plainly andreasonably made, is not to be defeated under the name of localpractice. [Davis v. Wechsler, 263 US 22, 24.]

56. Where rights secured by the Constitution are involved,there can be no rule making or legislation which would abrogatethem. [Miranda v. Arizona, 384 US 436, 491.]57. There can be no sanction or penalty imposed upon onebecause of this exercise of constitutional rights. [Sherer v.Cullen, 481 F 946.]

58. Whereas, the people of California have presented aconstitution....and which, on due examination, is found to berepublican in its form of government.... [Act [of Congress] forthe Admission of California Into the Union, Volume 9, Statutesat Large, Page 452.]

59. Republican government. One in which the powers ofsovereignty are vested in the people and are exercised by thepeople, either directly, or through representatives chosen bythe people, to whom those powers are specially delegated. [Inre Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v.Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627. Black's LawDictionary, Fifth Edition, p. 626.]

60. The State of California is an inseparable part of theUnited States of America, and the United States Constitution isthe supreme law of the land. [California Constitution, Article3, Sec. 1.]

61. This Constitution, and the Laws of the United States whichshall be made in Pursuance thereof; and all Treaties made, orwhich shall be made, under the Authority of the United States,shall be the supreme Law of the Land; and the Judges in everyState shall be bound thereby; any Thing in the Constitution orLaws of any State to the Contrary notwithstanding.[Constitution for the United States of America, Article VI,Clause 2.]

62. COURT. The person and suit of the sovereign; the placewhere the sovereign sojourns with his regal retinue, whereverthat may be. [Black's Law Dictionary, 5th Edition, page 318.]

53. COURT. An agency of the sovereign created big it ~1Y'eCt~~~or indirectly under its authority, consisting of one or moreofficers, established and maintained for the purpose of hearingand determining issues of law and fact regarding legal rights

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and alleged violations thereof, and of applying the sanctions ofthe law, authorized to exercise its powers in the course of lawat times and places previously determined by lawful authority.[Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070; Black'sLaw Dictionary, 4th Edition, page 425]

64. 28 USC 132 CREATION AND COMPOSITION OF district courts(a) There shall be in each judicial district a district courtwhich shall be a court of record known as the United StatesDistrict Court for the district.

65. COURT OF RECORD. To be a court of record a court must havefour characteristics, and may have a fifth. They are:

A. A judicial tribunal having attributes andexercising functions independently of the person ofthe magistrate designated generally to hold it [Jonesv. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parteGladhill, 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]

B. 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][Black's Law Dictionary, 4th Ed., 425, 426]

C. Its acts and judicial proceedings are enrolled, orrecorded, for a perpetual memory and testimony. [3Bl. 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]

D. Has power to fine or imprison for contempt. [3Bl. 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.][Black's Law Dictionary, 4th Ed., 425, 426]E. Generally possesses a seal. [3 Bl. Comm. 24; 3Stepp. 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.][Black's LawDictionary, 4th Ed., 425, 426]

66. Examples of application of distinction between a court anda j udge

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28 USC 2241 (a) Writs of habeas corpus may be granted bythe Supreme Court, any justice thereof, the district courts andanv circuit iudae within their respective jurisdictions...

28 USC 2243 A court, justice or judge entertaining anapplication for a writ of habeas corpus shall forthwith awardthe writ or issue an order...

28 USC 2361 "...Such process and order shall be returnable atsuch time as the court or judge thereof directs..."

F.R.A.P. Rule 23, ~~...the court or judge rendering thedecision, or the court of appeals, or the Supreme Court, or ajudge or justice of either court, may order..."

67. The following persons are magistrates: ...The judges ofthe superior courts.... [California Penal Code, Sec. 808.]

MAGISTRATE. A person holding official power in agovernment; as: a The official of highest rank in a government(chief, or first, magistrate). b An official of a class havingsummary, often criminal, jurisdiction. Webster's New PracticalDictionary, 386 (1953), G. & C. Merriam Co., Springfield, Mass.

MAGISTRATE, an official entrusted with administration ofthe laws. Merriam-Webster On-Line Dictionary

MAGISTRATE, Person clothed with power as a public civilofficer. State ex rel. Miller v. McLeod, 142 Fla. 254, 194 So.628, 630. Black's Law Dictionary, 4th Ed., 1103

68. ...our justices, sheriffs, mayors, and other ministers,which under us have the laws of our land to guide, shall allowthe said charters pleaded before them in judgement in all theirpoints, that is to wit, the Great Charter as the common law....Confirmatio Cartarum, Article 1, ~ 3 (1297), Sources of OurLiberties Edited by Richard L. Perry, American Bar Foundation.

69. Henceforth the writ which is called Praecipe shall not beserved on any one for any holding so as to cause a free man tolose his court. Magna Carta, Article 34.

70. JUDICIAL CANONS 31

CANON l: A JUDGE SHOULD UPHOLD THE INTEGRITY ANDINDEPENDENCE OF THE JUDICIARY

An independent and honorable judiciary isindispensable to justice in our society. A judgeshould maintain and enforce high standards of conductand should personally observe those standards, so thatthe integrity and independence of the judiciary may bepreserved. The provisions of this Code should beconstrued and applied to further that objective.

31 Extracted from: Guide to Judiciary Polrcy; Vol 2: Ethics and Judicial Conduct; Pt A: Codes of Conduct; Ch 2:Code of Conduct for United Slates Judges; Judicial Canons,http://www.uscourts. gov/sites/default/files/vo102a-ch02_O.pdf

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COMr~NTARYDeference to the judgments and rulings of courts

depends on public confidence in the integrity andindependence of judges. The integrity and independenceof judges depend in turn on their acting without fearor favor. Although judges should be independent, theymust comply with the law and should comply with thisCode. Adherence to this responsibility helps tomaintain public confidence in the impartiality of thejudiciary. Conversely, violation of this Codediminishes public confidence in the judiciary andinjures our system of government under law.

CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THEAPPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES

CANON 2A. Respect for Law. A judge shouldrespect and comply with the law and should act at alltimes in a manner that promotes public confidence inthe integrity and impartiality of the judiciary.

COMMENTARYCanon 2A. An appearance of impropriety occurs when

reasonable minds, with knowledge of all the relevantcircumstances disclosed by a reasonable inquiry, wouldconclude that the judge's honesty, integrity,impartiality, temperament, or fitness to serve as ajudge is impaired. Public confidence in the judiciaryis eroded by irresponsible or improper conduct byjudges. A judge must avoid all impropriety andappearance of impropriety. This prohibition applies toboth professional and personal conduct. A judge mustexpect to be the subject of constant public scrutinyand accept freely and willingly restrictions thatmight be viewed as burdensome by the ordinarycitizen. Because it is not practicable to list allprohibited acts, the prohibition is necessarily castin general terms that extend to conduct by judges thatis harmful although not specifically mentioned in theCode. Actual improprieties under this standardinclude violations of law, court rules, or otherspecific provisions of this Code.

CANON 3: A JUDGE SHOULD PERFORM THE DUTIES OF THEOFFICE FAIRLY, IMPARTIALLY AND DILIGENTLY

The duties of judicial office take precedence overall other activities. In performing the dutiesprescribed by law, the judge should adhere to thefollowing standards:

CANON 3A(2). A judge should hear and decidematters assigned, unless disqualified, and shouldmaintain order and decorum in all judicialproceedings.

CANON 3B. Administrative Responsibilities.

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(1) A judge should diligently dischargeadministrative responsibilities, maintain professionalcompetence in judicial administration, and facilitatethe performance of the administrative responsibilitiesof other judges and court personnel.

(2) A judge should not direct court personnel toengage in conduct on the judge's behalf or as thejudge's representative when that conduct wouldcontravene the Code if undertaken by the judge.

71. 18 USC ~ 401 - Power of courtA court of the United States shall have power to punish by

fine or imprisonment, or both, at its discretion, such contemptof its authority, and none other, as—

(1) Misbehavior of any person in its presence or so nearthereto as to obstruct the administration of justice;

(2) Misbehavior of any of its officers in their officialtransactions;

(3) Disobedience or resistance to its lawful writ, process,order, rule, decree, or command.

72. CALIFORNIA CODE OF CIVIL PROCEDURE ~ 1209. (a) Thefollowing acts or omissions in respect to a court of justice, orproceedings therein, are contempts of the authority of thecourt:

3. Misbehavior in office, or other willfulneglect or violation of duty by an attorney, counsel,clerk, sheriff, coroner, or other person [e.g. a judgeor magistrate], appointed or elected to perform ajudicial or ministerial service;

4. Abuse of the process or proceedings of thecourt, or falsely pretending to act under authority ofan order or process of the court;

5. Disobedience of any lawful judgment, order, orprocess of the court;

8. Any other unlawful interference with theprocess or proceedings of a court;

11. Disobedience by an inferior tribunal,magistrate, or officer, of the lawful judgment, order,or process of a superior court, or proceeding in anaction or special proceeding contrary to law, aftersuch action or special proceeding is removed from thejurisdiction of such inferior tribunal, magistrate, orofficer.

73. CALIFORNIA CODE OF CIVIL PROCEDURE ~ 1211. (a) When acontempt is committed in the immediate view and presence of the

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court, or of the judge at chambers, it may be punishedsummarily; for which an order must be made, reciting the factsas occurring in such immediate view and presence, adjudging thatthe person proceeded against is thereby guilty of a contempt,and that he be punished as therein prescribed.

When the contempt is not committed in the immediateview and presence of the court, or of the judge at chambers, anaffidavit shall be presented to the court or judge of the factsconstituting the contempt, or a statement of the facts by thereferees or arbitrators, or other judicial officers. ...

74. California Jurisprudence:

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a~~illa ter ~ pr~rp+er ~uci~; eu~ in ghat cae ;s anc~ ~~-~l~rep~a~er i~ e~~~cia1~~ conferred ~p~i~ a ~~urt ~ ' +~n~ra jilri~-dict~n to dt~rm~r~ a p~rt~~.~~r questar~ ~~~3 ~c~ ~~eci~l~~~~i~ fir ~h.~~ d~~~ ~r~~ti~~i i~ ~~i~a~~d quit, tea ju~-i~d -t~Qu cc~nerr~c~ ~eet~~s~rly ~m~lie at~t t~rit~ a~ st~~h cot.~rt~t+~ re~~i~ c +~~ i~enc~~.~ in d t~r~i~i~~; #fiat c~u~:~t o~~.~' '~~a curt }~~~ general ~urisc~ict o~-~~f r~ suhj~et, it }~~~ pc~~~rt+~ z~ .k{s r~ foil di~~~ra~~r ~ra~z ~~ t.~~ m~~~t~r end ~ ~~~iu~~~ the~~ti~t~ti~n r~~~~e~=,~it~~ it.. Im ~t~r .~r~~c~:~, t~a~ ~~t~~~r ~~ ~~~~~u~~~~~ ~~i~a t t~~~t~c~it~ n~~~I~~~~ c~s'~r~r ~~ ~ c~ ~~ v~ ~~ it, ~~.~ ~ gin`

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c~~~s $ T~~er~ is ~.~~~ i~i~~eren~ in ~~yer;,~ c~u cif r~c~r~ ~.c~u~er ~t~ ~~c3rd a e~,ed~.~ fvr any i~ajt~ done ~ its ~~i~

~~~s car by r~a~~n of i~ p~~~~ess ~r j~:d ment~.'1°

8. urri~ °v. Ken~zcd~, l(?+~ Cgs.

X31, ~1 I'3ic~ 4 ~+ ~~ r4 ~3urttgn, fl

~:a3. ~ a~1F `.',~ F't~~. ~F3, I~t ra Ii~rt~tt~,

~Yl.. J_?~~l f9 tLRI., ixf_ ~P.~r. ~~r~ i j.

DE V i`E_

bets E.tut~;'~, rte. to ~~+or~~r of etia~rt~s

a~ egp~~„v ~c~ retsu ~€friedi+'tiUn ~tnc

to c~ ~~t~~fl caf a1i ~uesL ups. ~►.nd s~Pr~, ~~ ~'-`~2! fc~r die4'~s~zr~n oi~ jut'i,~-

~ ictiuza.

A fTI, Df,'C_ ~~~~ ~Y1~E~071 P. ~~1~7}iC~.'

'Cal., 3~2.1.~. .~~~C~(tiII~E~~t 'C. ~'S1~3€~14T ~t1i1F~:~

€'c~t~ta ~-. ~~1~~t.ri~r ~'~aurE, l3r C:~1.:i~, 8~J I't~r. f+~Q, and ~tr~e~i~ry~ r'_:~u~~~~ri~►r t}r;;~rt~ ~i2 ~~t~. 13~, r~vhc~rit waa held that ~ ~►r~h€~t~ ccFaxrt hayinherent jvrisd etiran tc~ &nnui amu~3r~ini~trnt ~n tt~+Un tt~~~ e:!tute ref ~t

,~Ii~~: I~"PEi k,~BB.

11. Try ire ~3~,~~e`~ ~ta#~, 61 ~~al.i3e~. 5ai;, '?UQ F}s~.. 4~~ {~~,ld`a~g ih~tgrr*r~ int~r~r3mes~t i~ in favt~rc~~r.r~e ~f tie ~rts~~itr eourt. Qee1~pae~. ern ' cart, rr~l. ~, ~. $S~}~4{cI~~ttau v. I~thc~~l~s, I~;i ~'ul. 2; a,IC~1 :1trt. .~~`t. It~*~. 1`d ti ~'A~, 1~}:~C3;~:a~ ~~;~rtc: ~tephr~, 114 ~'.~1, `~'7A j ~(iPay. ~~~C; $utlarci ~. ~~cArt31~, ~~ €'xl.~5~ ~5 A3~n. fit. R~~, 3~ i ~; 3~ i'nc,

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s *~r - r ss -ss -~r ~ • •-r a s,

Case 2:16-cv-07603-FMO-JC Document 101 Filed 05/08/17 Page 20 of 24 Page ID #:1561

~~~ ~nf+~r~.e~ a~c~ ~p~~.~~~n,—~al~ ~r~ fcyr ~~~€cfl~.~e~~i~~~+~e cif ~ar~#.~ #.h~ t.r~ ~tznal ~n~ l ti~a~t~, f~Ilt~ .r

~~dc~~~~~~1 to fs~c it~~~~ th+~ tr~z~~a~~ ~~r~ ~~ ~z~i~~~~~.$ ~~tl ,~~~~re ~~~~* ~r~ c~ ugh ~ r~~ ~r~ ~:~~at. m~ar~ri~n~ ~~ }~~~ ire~e~ b ~~~, ~~►m~if~~c~ ther~ ith ;; ~~ric~tl~~ en£v~c~~~d,e

~~t~ ~ ~~~~rt ~~~ e~f~~~ cca~ Ii~r~~~l cif i t~ awn moti~g.~+ui1~~•c~ ~~1~~ ~r~~ b~~ ~~~r~ ~ ~~~~tti~~li~~Y t~~~ ez7ds ~of j~s-

~ ~~~ ~ i ~I ~ ia~ the p~ ~~r ~~ ~~~ ~y~~~ir~ ~c~ ~~~~p~ d itsc~~ r~ r~~~l~ ~r tc~ ~~c~~t ~ .r ~~~l~.r ~~~e ~~•+ i th e ~y~~~--~~ti~~ ~h~~~n~~•er ~us~;~e ~+~ r~q~zir~~s.~'~ ~~d; ~~ ~~r~~,~r~ct ~e~ ~.~}~i~h i~ n~~ ~~~~~~~~d ~~- ~f~.t~~ ~~t, b~ tae~~~l~rt it:;~lf°, m~~- b~ d~~rc~~r~~ ~~ it ~,n any- ~~:~r i~~.lI~.r~a~e ~~~thc~~#~ i~~~i~. n ~~~ xi .~ ~f ~ liti~;~~t.'~~ ~~~v-~~T~~, ~ hay b~~n said f.hz~~ ~ ~our~ ~~~u c~ ~~ i,~t~~t~~e re~~c~na~l~ c~ F~c~ nit ~~ ~r~~~~~ii ;~ ~h~ir ~€~~e~ ~r~

~ ~'~~. ~i~3~.

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9. ~rt5~~~ ~. T n ~a:~ Tr~~t ate. ('~.,

V'. ~4~C~'lfif ~~ ~.'fl~. ~ i ~y ~~ ~I:L17. ~9~.

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ill; ~1 I'z~c, 17 ~ .~1. ~~ct1~~~1~ ~~. ~~1~~~,,~11~~, ~, e~ ~'f~I.

X41, ;~~~5 ~'~~~_ i[ !~~ i;r~,.~~s ~. I:t~ cs~'~'r~iet ~tx~, ('t~., ~-#ki ~~3. 13~, r fJ ~"~C.~~3~ G~c~~ v. ~r~~ithc:r, k~fS (_'.~1. 3~~1u~~ hut. fit. ~~ ~,. ~ ~ ~, ~►~ I~'~.~.. ~~ €~;

~'~c. 7~#~~ ; F't~~p]~ v. I~~xxas~e~t~e~'~x ~~5C'n.~, ~Ei~3~ ~'~ ~~e. 35 } ~tz~Ii~~t~ c.~~Ii~ce, dal. 3?~7, I=~ T'~~. '7~

~o ~iux~r~~l~, 3 {?'€~1_ ~'nrep. 8~, 2'Q

{'~1. ~'ure~~. ~i43 9 ~~~e. 94 ~ ; "~ nor

i3i:. ~'~a~.~.

''~ 1C~; ~irnith ~. '~'4Thtti~~, ~~ ~a~~. 2?~?,~;~~ F't~c. i`3~1 ~e~tt~ v. W~11ia ~ 3C~,l. N$f1.

s ue ► R ~• ~,,,s -► ~ a •*~ - • t i

Case 2:16-cv-07603-FMO-JC Document 101 Filed 05/08/17 Page 21 of 24 Page ID #:1562

~I~ ~ ~~~~~ ~, ~~~c~ ru~~~ ~,h~u1~ ~~ ~.c~~ ~+~ ~c~ c~ the purpo~~.

~~~~c~it~~~ ~c~ facilit~.~n~ t~~~ c~~~~~iii~~~~ ~~ ~su~e~ ~~yc.3r~da~ t~ ~+~~r rn~rt~# ~a~~~~~ ~~~~~~ ~~~ ~~llc~~~c~ t~ Y~~~~amc~~ rra~~.~ €~ ca~~~tructl~n.~~ ~~ s~, ~f ~k~~ ~~urt ~~ can

~ ' rule ~r~r r~~t af~~e~ ~.r ~ ~~~t r~~~ cif ~h~ ~~~r~ c~v~r t~

~yit. ~u~ ~~~e~ t~~ ~ ~ ~i~F~~~~, b~~s ~c~~ed ~h~ ~ t~r ~n rY~

j~r~ b~ r3.~~~~r~ hzm of ~~~n.~ ;~rt~~st~xat~ . r~ ~at, t~~ ~►~t~~~1€~ ~►~~~t ~t ~~ €gin ~rr~-~~.ft~l~~i ~~ u~ ~;~ ~ v ~~ ~i~ ~~~+~~1c~~ €~~~~c~l.~~ ~l~ #.h~~ r~~~t~r~ ~~r~~n~~~ ~~{ir~z~~ #hr►mi~~~l~es ~~~.ti- ~-~~t~ unc~i~~~ -h~+~ ~h~ tt~ 1:i,~~~~~~3t~ fc~~' ~~ ~rs~~t~~.~r~ 4f t~it>

F~e~. ~~i!J F~a~;g ~. ~'~~t,►~rk.,,~ug~, 923t'A1. 1~4J 3~ I've. ~~~s ~~tes~it!~ ~`-j~4'Lit~Ci~r~ ~d~ ~'•~I. ~-t ~ ~~~ ~'~e~ . .~-~ ~el~. ~'ecx~l+~ +~. T1~~Lr~~nt~ ~1~ ~~1,

~ '~i1. $(}, ~' Pic, ~~~~ . ~t~, ti.lwv~ ~;~1~

~ ju~~rn~~t sae }aF[i~(tllI] l',f'~ it~~~~I~~ fur ~ ola~tion ~t a ~ul~.

~.~. ~ae~l~~ ~. ~r i~~i ~'ru~t e~t~e.

Rr~ynvld~ v. Ias~wr~ua~, ~.~ ~'a~, ~a~.17. In T~ Pt~t~P~~~ n~, I ] 3 ~1a1, ~ ,

~.~, ~lfr.rifx v, F~c~r t~rdt3 ~~

~i~rt~~tt~ l.~i ~~~. a0 ,T€~h~t:~on F.

f

Case 2:16-cv-07603-FMO-JC Document 101 Filed 05/08/17 Page 22 of 24 Page ID #:1563

75. I'I' IS S4 C3RLIERED,

WITNESS; the SEAL of the CtJURT this 8`h day of May, 2Q17

THE CC3URT

BY ~~-'~c+f~' (SEAL)

Daniel Barsotti

Attorney in Fact

~'') f : + a ~ ~: ~ ~

Case 2:16-cv-07603-FMO-JC Document 101 Filed 05/08/17 Page 23 of 24 Page ID #:1564

PROOF OF SERVICE BY CERTIFIED MAIL

I am not a party to this action, and on the Los Angeles County California State. Iam over the age of 18 and not a party to the within action. My address is C/o 10153Riverside Drive Suite 501 Toluca Lake California 91602.

On MAY O8, 2017, I served the within documents) as: "SUMMARY RULING DIRECTCONTEMPT; BENCH WARRANT, in re Fernando Manzano Olguin;

VKll~K 1'U ~nvw LAUJ~; OIl eaCri 1rii0T8Si0Q parCy lri iillS 1CilOri 1S StaiOCl b01i

Bounlet Louvan Agent Service Process411 Ivy StreetSan Diego, California 92101

Office of ClerkUnited States District CourtCentral District CaliforniaU.S. Courthouse room G 8Los Angeles California 90012

McCarthy & Holthus, LLPMelissa Robins Coutts,Mathew B. Learned,1770 Fourth AvenueSan Diego California 92101 c.c. others unlisted

)W:

t3y mail: by placing a true copy of the foregoing documents in a sealed envelopeaddressed as set forth above. I placed each such envelope for collection and mailing followingordinary business practices. I am readily familiar with this practice for collection and processingof correspondence for mailing.

Under that practice, the correspondence would be deposited with the United StatesPostal Service on that same day, with postage thereon fully prepaid on Los Angeles, California,in the ordinary course of business. I am aware that the party is served, service is presumed validwhen postal cancellation date or postage is canceled as of the date and if more than one dayafter date of deposit for mailing in affidavit.

I declare under penalty of perjury under the laws of the United States of America thatthe foregoing is true and correct and that I am doing this business on normal daily practice.

Executed on May OS, 2017 at Los Angeles California.

~~~ ~~~~~

~~)~s ~a~'~ ' .9Witness 1. Witness 2.

Case 2:16-cv-07603-FMO-JC Document 101 Filed 05/08/17 Page 24 of 24 Page ID #:1565