Notice of Grievance
'Televised Testimony September 15th, 2017
ON LINE JERICHO MARCH for beach of peace and violation of FAITH
ATTN: Committee for Judicial Review
Sixth Amendment. The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you. At no time were my accusers identified. Defendant Objected openly and repeatedly - Lack of Authentication- complaint is Missing Majority Action Affidavit CA Civil Code 2941.9 - meaning the HSBC the trustee on behalf of the certificate holders needed cough up 51% of the shareholders in order to even file an NOD, let alone conduct a Trustee sale with an un-bonded auctioneer. (Required by the Secretary of State Whom has yet to provide me with the Oaths requested.
Defendant objected openly and repeatedly to improper service of the motion under Code of Civil Procedure section 437c, subdivision (a) provides that a party moving for summary judgment or summary adjudication “shall” serve notice of the motion and supporting papers “on all other parties to the action at least 75 days before the time appointed for hearing.” (Ibid., italics added.) This language is mandatory and the court has no discretion to shorten the time.
Defendant Objected openly and repeatedly for missing lease The complaint shall: required under CCP Section 1166 (a) (5) (d) (1) (B) A copy of any written lease or rental agreement regarding the premises.
Which now means I can push strict constitution to Penal Code Section 95.5 because.... the Plaintiff named in the caption will not and would not make an appearance in this court and subject his/her/ or itself to cross examination and as a result plaintiff will deprive this court of personal and subject matter jurisdiction.
HSBC failed to aver that this council or any present party had personal knowledge of the facts set forth in the declaration or that if called as a witness that he could and would testify competently to the truth of the factual matters asserted in the declarations. (See Code Civ. Proc., § 437c(d) [“Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations”]; Corwin v. Los Angels Newspaper Serv. Bureau, Inc. (1971) 4 Cal.3d 842,851 fn. 6.)CCP_1166.
Inadmissible. "Statements of counsel, in their briefs or their arguments while enlightening to the Court are not sufficient for a motion to dismiss or for summary judgment." Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647, "Statements of counsel are not facts before the Court," see FRCPA Rule 52(a) and United States v. Lovasco (06/09/77) 431 U.S. 783, 97 S. Ct. 2044, 52 L. Ed. 2d 752, Holt v. United States (10/31/10) 218 U.S. 245, 54 L. Ed. 1021, 31 S. Ct. 2.
Inadmissible arguments. Opposing Council does not have personal knowledge of Exhibit “A-I”, documents produced by Plaintiff in this litigation. Thus, this testimony is not based on personal knowledge, and constitutes speculation, argument and improper opinion. Cal. Evid. Code §§ 702, 800, 803;
Perjury. Opposing Council does not know for a fact that any of the assumptions presented by declaration or exhibits are true, wholly true, and nothing but true. [Cal. Evid. Code § 225. "Statement" means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression.] (see Pen. Code § 125. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false. [Pen. Code § 126. Perjury is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.]
False statements. Pen. Code § 118a. Any person who, in any affidavit taken before any person authorized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case then pending or thereafter to be instituted, in any particular manner, or to any particular fact, and in such affidavit willfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury. In any prosecution under this section, the subsequent testimony of such person, in any action involving the matters in such affidavit contained, which is contrary to any of the matters in such affidavit contained, shall be prima facie evidence that the matters in such affidavit were false.
SPOILAGE OF EVIDENCE - appraisal submitted DID NOT comply to appraisal standards value of a home which was never a rental determined by rental comps over a year to a year and a half old upon an outdated 3 month old appraisal in an appreciating market.
Prohibition. The plaintiff has no capacity or standing to sue, Rule 3-200 Prohibited Objectives of Employment
A member shall not seek, accept, or continue employment if the member knows or should know that the objective of such employment is:
(A) To bring an action, conduct a defense, assert a position in litigation, or take an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person; or
(B) To present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of such existing law. (see Pen. Code 158. Common barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months and by fine not exceeding one thousand dollars ($1,000).)
breaking the law Accommodation stamps and VOID signature A loan obtained based upon the fraudulent signatures are VOID nor Voidable under California Law. You cannot hold a Vested interest in the outcome of a case then pretend you are in resjudicata to violate the ROOKER FELDMAN DOCTRINE! COURTS cannot conduct REAL ESTATE transaction through the courtroom to delegate commission referrals in exchange for testimony and fabricated evidence. These activities are ILLEGAL and are subject to JAIL time against a federal witness/informant. it is a violation of massive civil and constitutional rights which in turn have violated my human rights.
Attached are the email to the courts, A motion to Vacate and an Undertaking Motion were set to be heard. I will ask that whomever is hacking my website to remove this pictures, please stop. They are out there on the web and in differing advocacy groups as well as before several agencies.
just before the hearing I was beaten by and un-identified assailant prior to to which I was denied.
Further the answers to the complaint were amended but not allowed to be submitted to the courts, as the courts pushed the corrections beyond the untimely stip. Here is my Declaration.
Declarations of Faith in opposition to sj
This is my service dog Indiana - He had to be retired because he has not yet healed from a limp, he passed away from internal twisting of his insides and he suffered from a slow internal bleeding.
PENAL CODE Section 96.5 (a) Every judicial of cer, court commissioner, or referee who commits any act that he or she knows perverts or obstructs justice, is guilty of a public offense punishable by imprisonment in a county jail for not more than one year.(b) Nothing in this section prohibits prosecution under paragraph(5)of subdivision (a) of Section 182 of the Penal Code or any other law.
PEN_96.5.
Burden of proof was never shifted - BRASHE~1
Motion to leave was buried so that they could rule in favor of defendant - motion-for-leave-to-amend-answer FAITH
Plaintiff felt threatened - Once this was filed it was immediately denied and a new council was subbed in - FAITH BRASHEAR JUN 2017
Objections were refused to be allowed to be filed - Faith-OBJECTION-TO-DECLARATIONS-1 (4) (these are the same arguments used by Kamala Harris which means this is blatant obstruction)
Updates that were ignored and buried cm110 notification
Scan Jun 19, 2017, 1.09 PM
Stay notifications which were ignored Scan Jun 19, 2017, 12.32 PM
Buried motion for reconsideration outlining these criminal activities a 3rd Gen. FEDERAL JUDGE BURIEDScan_07-11-17_1
Forms I was not allowed to file.. form DISC-015 REQUEST FOR STATEMENT OF WITNESSES AND EVIDENCE— Code of Civil Procedure, §§ 96, 97 Judicial Council of California [Rev. January 1, 2007] form DISC-015
DISC-003/UD-106 FORM INTERROGATORIES—UNLAWFUL DETAINER Code of Civil Procedure sections 2030.010-2030.410
Here is the email I sent after being block from obtaining the phone number and after being beaten out of my home "Prior" to the Sheriff/Coroner visit with JOE REO whom fabricated evidence. Below that are the motions holding the evidence submitted to the State Courts and Being buried. Because the sherifs department knew darn well - that they had no business serving me a civil issue under federal investigations including the submission of this information directly to them to investigate. CCP 262 - states you must investigate and cannot interfere while these investigations are going on. But hey if you are beaten out in fear for the safety and well being of your family, then thats ok… NOT that is called aiding and abetting in a felony - it is a BREACH OF THE PEACE and since this entire case was documented by a Level 5 ADA Certified Advocate ID #0172016FDS you now have massive 1st, 4th, 5th, 6th, 8th, 13th, and 14th Constitutional and Civil Rights violations (not to mention that personal medical records are still on site, which in turn means JOE REO is marketing a home while poking around in personal records, which is a massive HIPAA violation on top of this legal abuse) The fact that these court further denied my the ability to a court call to defend the motion to vacate and the undertaking motion means that all of these players are in violation of the following:
Title 42 of the United States Code is the United States Code dealing with public health, social welfare, and civil rights.
42 U.S. Code § 12202 - State immunity
Current through Pub. L. 114-38 (http://www.gpo.gov/fdsys/pkg/PLAW-114publ38/html/PLAW-114publ38.htm). (See Public Laws for the current Congress (http://thomas.loc.gov/home/LegislativeData.php?n=PublicLaws).)
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in [1] Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
(Pub. L. 101–336, title V, § 502, July 26, 1990, 104 Stat. 370 )
42 U.S. Code § 12203 - Prohibition against retaliation and coercion
(a) Retaliation
No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.
(b) Interference, coercion, or intimidation
It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.
(c) Remedies and procedures
The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b), with respect to subchapter I, subchapter II and subchapter III, respectively.
(Pub. L. 101–336, title V, § 503, July 26, 1990, 104 Stat. 370.)
Police-Civil-Liability-Paper-FINAL
On Jul 31, 2017, at 6:30 AM, Faith Brashear <faith@betterquest.com> wrote:
Due to the fact that the witness whom falsified evidence to which I have turned over to NAR and FBI and DOJ is now managing the property in exchange and due to the fact that I have documented over 3000 REO properties being filtered through these courts into First Team Real Estate (The real estate company Daniel Otellia reports a 10% ownership interest in upon his CA 700 form. AND due to the fact that I have it on an anonymous recording of the last hearing which was also witnessed by an investigative journalist Jude Irma Poole denouncing her oath of office opening and willingly violating my religious believes in the foundations of these courts by holding a trial upon triable issues - issuing a mistrial because a juror approached my witness who reported it and was slapped for it then proceeded to set a new trial whom allowed a summary judgment untimely filed holding the same arguments dismissed as heresy at the trial while these courts denied me - a person with a speech impediment, my ADA advocate so that she could rule no triable issues in a court of law where according to your own bench guides specifically state she did not hold jurisdiction to make such a ruling - and due tot the fact that my past employers fabricated blatant forged deeds upon a property that did not have a mortgage upon it, but because I testified against them, I was forcibly removed from my home, and no longer have access to my work office. And due to the fact I was NEVER served what appears to be objections to the motion to vacate and the undertaking motion - as they would be serving to a property they know this unlawful eviction took place while HSBC was under a federal cease and desist and the Certificate series 0A4 tax exempt special purpose vehicle proclaiming to be the holder in due which was terminated upon the SEC in 2009
https://www.occ.treas.gov/news-issuances/news-releases/2016/nr-occ-2016-48.html
The main officeof HSBC Bank USA, N.A. is located in McLean, Va.
HSBC never complied with the new order…
https://www.occ.gov/static/enforcement-actions/ea2017-002.pdf
https://www.occ.treas.gov/news-issuances/news-releases/2017/nr-occ-2017-5.html
I have not fully recovered enough yet to travel to the hearing on 8/3 at 8:30am nor can I be in these courts after my very name to which I canned to FAITH in honor of the lord my God has been emptied.
I will need to set a court call.
Vacate
Motion for Bond