HomeMy WebLinkAboutMINUTES - 03252003 - C9 CLAIM
f3C3ARD;OF SUFTERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: MARCH 25, .2€03
w 141- I.I�YWYYiw11�1.
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. j F t Dul
notice of the action taken on your claim by the
, Board of Supervisors. (Paragraph IV below), given
:1> s4 t j Pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $5,075,000.
$a�S:Y��V�F"SEE+•� '..SY....R'M
CLAIMANT: RICHARD HARRY PETERSON
ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 21, 200
ADDRESS: 4473 SILVERBERRY COURT BY DELIVERY TO CLERK ON: FEBRUARY 21, 2003
CONCORD, CA. ZIP CODE EXF�1T
~ t q BY MAIL POSTMARKED: INTEROFFICE MAIL
MN F9R7EY
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETS f, Ci
Dated: FEBRUARY 24, 2003 By: Deputy ,
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( 04his claim complies substantially with Sections 910 and 910.2.
( ; This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.5).
( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
(:Other. m g,� 1�r�it .S{- a
2002-, Au
Dated: — - By: LZ� Deputy County Counsel
M. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2)
{ ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV, BOARD ORDER: By unanimous vote of the Supervisors present:
(X) This Claim is rejected in full.
( ) Oder:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: _ MARCH 25Z-2003 JOHN SWEETEN, CLERK, By ,Deputy Clerk
WARNING(Gov. code section 913)
Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited
in the mail to Ile a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully
prepaid a certified copy'of'this Board Order and Notice to Claimant, addressed to the clamant as shown above.
Dated: MARCH 26, 2003 JOHN SWEETEN, CLEF.By Deputy Clerk
p y
OFFICE OF THE COUNTY COUNSEL SILVANO B.MARCHESI
O COUNTY COUNSEL
COUNTY OF CONTRA COSTA
Administration Building » 1 �.*
,. s `
651 Pine Street, 911 Floor s j f� _';� SHARON L. ANDERSONCHIEF ASSISTANT
Martinez, California 94553-1229
(925) 335-1800 0' K I GREGORY C. HARVEY
` a>a�t1';11 -,� - ' � VALERIE J. RANCHE
(925) 646-1078 (fax) Y, T AssiSTANTs
s
NOTICE OF UNTIMELINESS
AS TO A PORTION OF THE CLAIM
TO: Richard Harry Peterson
4473 Silverberry Court
Concord, CA 94521-4419
Please Take Notice as Follows:
In regards to the claim you submitted on February 21, 2003,portions of your claim are timely and
portions are untimely. The portions of your claim prior to August 21, 2002 that you presented against the
County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the
requirements of California Government Code Sections 901 and 911.2,because they were not presented
within six months after the event or occurrence as provided by law. Because the portions of the claim
prior to August 21, 2003 were not presented within the time allowed by law, no action was taken on those
portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the
claims.
Your only recourse at this time is to apply without delay to the County of Contra Costa governed
by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See
Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some
circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code.
You may seek the advice of an attorney of your choice in connection with this matter. If you
desire to consult an attorney, you should do so immediately.
SILVANO B. MARCHESI
COUNTY COUNSEL
By:
Monika L. Cooper -
Deputy County Counsel
Page 1
CERTIFICATE OF SERVICE BY MAIL
(C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1
am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true
copy of this NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U:S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct. Executed in Martinez,California.
Dated: February 28,2403
cc: Clerk of the Board of Supervisors(original)
Risk Management
Page 2
CLAIM
B2492 29 SUPERVISORS OF-CONT-R&COSIA CO TY
BQA U AC QiN; CCB '25, 2403
Claim Against the County, or District Caverned by }
the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action.All Section references are to } The copy of this document mailed to you is your
California Government Codes. } notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below),given
Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings".
AMOUNT: $5 t 075 t OOO.
CLAIMANT: RICHARD BARRYPETERSON
ATTORNEY: ONKNt3tfi1NN DATE RECEIVED: FEBRUARY 21, 2003
ADDRESS: 4473 SILVERBERRY COURT BY DELIVERY TO CLERK ON: FEBRUARY 21, 2003
CONCORD, CA, ZIP CODE E01PT
BY MAIL POSTMARKED: INTEROFFICE MAIL
ERM MR. ROV MEY
FROM. Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim,
JOHN SWEETS , CI
Dated: FEBRUARY 24, 2003 By: Deputy
11, FROM: County Cdunse TO: Clerk of the Board of Supervisors
} This claim complies substantially with Sections 910 and 910,2.
} This Claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days(Section 910,8).
} Claim is not timely filed.The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
} Other:
Dated: By: Deputy County Counsel
:II. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2)
Claim,was returned as untmel with notice to claimant(Section 911.3),
V. BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rojected in full.
} Otfrer:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
)aced: JOHN SWEETEN, CLERK,By , Deputy Clerk
WARNING(Gov. cede section 913)
iubject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited
n the mail to file a court action.on this claim, See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter, If you want to consult an attorney, you should do so
mmediately. *For Additional W!TLn1 See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
declare under penalty of perjury that I am,now,and at all times herein mentioned, have been a citizen of the United
States,over age 18; and that today i deposited in the United States Postal Service in Martinez, California,postage fully
)repaid a certified copy of this Board Order and Notice to Claimant, addressed to the clamant as shown above.
)ated: JOHN SWEETEN,CLERK By r Deputy Clerk
County of Contra Costa
CACI—Risk Management Division
2530 Arnold Drive,Suite 140
Martinez,California
Phone:5--1443
Fax:5-1421
February 20,2403 t = °February
FEB 2 1 2-'003
TO: Clerk of the Board
FROM: Run Harvey
Risk Manager
SUBJECT: Richard Harry Peterson
The attached documents are to be handled as a claim. If you have any questions feel free
to call me at 5-1443.
AFFIDAVIT OF SERVICE flan Harvey
State of California ) FEB 2 0 2003
County of Contra Costa } ss.
Iam over 18 years of age and not a party to the within action;my business address is:
c/o 1330 N. Broadway, Suite 200H
Walnut Creek,California
On the day of February A.D. 2003 I personally served one copy of the following:
Cover better to Governor Gray Davis,Chief Justice Ronald M. George, Court Executive
Officer Ken Torre regarding tetter to Ron Harvey of Risk Management for County of
Contra Costa pertaining to:
Regarding: Account/Case leo. 206941-7 - DA 1` G. X 02 000373-1 dated February 3', A.D.
2003, one (1) pages in length,with forty(44) attachment pages,
a total of twenty-seven (27) pages personally served herewith,including all attachments (not
including this Affidavit of Mailing)on Ron Harvey as follows:
Ron Harvey
County of Contra Costa Risk Management Ttacidng#R.HPRM021503
2530 Arnold Drive,Suite 140
Martinez,CA 94553
925-335-1443
1 declare under penalty of poury under the laws of the State of California that the above is true,
correct,and complete,and that this Affidavit of Service was executed on February ,
A.D. 2003 Walnut Creek, Califo
airyCharles: Sweet,Jr.
Ron Harvey February 14'x',A.U.2003
County of Contra Costa Risk Management 'Tracking#RHPRM021403
2530 Arnold Drive,Suite 140
Martinez,CA 94553
925-335-1443
Regarding:Commercial Account/Case No. 246941-7 -DA NO.X 02 000373-1- New#030031-9
Bear icon Harvey:
This letter is to inform you in your status as the"Risk Manager"for the federal corporation COUNTY
OF CONTRA COSTA-EIN 94-6000509 which is the federal agent of federal corporation,Public Agency
Superior Court of California,County of Contra Costa- EIN 6$-0464744 pursuant to IRS Form 2678 dated
December 27 ,A.D. 2002-see copy attached. I have made several request for production of the foundation
document(contract) for commercial Account/Case No.206941-7-DA NO.X 02 000373-1 -New#030031-9
addressed to RICHARD HARRY PETI~RSONO and for all correspondence involving said account/case on
numerous occasions and have been met with dishonor by the Office of the District Attorney in general and
DIRK ANDRUS in particular:Mr.ANDRUS was asked to produce the following yet failed to respond:
1)produce the foundation document[contract]with my bona fide signature agreeing to be bound by the terms and
conditions of your COMPLAINT-FELONY contract said Account/Case No.206941-7-DA NO,X 02 000373-1;
2)produce the IRS Form 10193 t7ID for said Account/Case No.206941-7-DA NO.X 02000373-1;
3)the 1 t?4t3 ES for said Account/Case No.206941-7.DA NO,X 02 000373-1;
4)a certified statement of accounting for the assessment you rendered in initiating Account/Case;
5}provide the mandatory Appearance Bond and'V'oucher for said Accouat/Case;
6}front and back color copy of your Keens(to prra*6cr law in Calzforrtia per Code§6067;
7)Artick VI Bath of Fidelity and your Oath of Office;,
8)the policy number,name and address of the underwriter of your Official.Bond that allows you to operate in a
commercial venue.
Further request wu made for the following.
9)written evidence of the solvency of Federal Corporations:Superior Court of California,County of Martinez,
EIN 68-0464744,and County of Contra Costa-EIN 946000509.
10)Proof of evidence that Penal Code was not enacted contrary to the One Subject,One.Title mandate of Article
IV Sec.9 of California Constitution.
11)Affidavit of no conflict of interest by IAA's Office Personnel,Judge of Record,PIFs Office Personnel in light
of Assembly Bill 223-Trial Court Funding Act and membership in public corporation-State Bar of California.
See copy of Request document-dated December le,A.D. 2002-Tracidng#RPMDN121602;Notice of
Fault with OPPortunity to Cure within 72 hours-dated December 27`x',A.U.2002;Notice of Default-
dated January 6'',A.D.;2003;TRUTH AFFIDAVIT IN THE NATURE OF SUPPLEMENTAL RULES
FOR AlC#MINISTRA WE AND MARITIME CLAIMS RULES C(6)attached herein. I further have made
multiple request and later demand in opo c+nurt before"Judge"DAMN BEIM TON SMITH for production of
said foundation contract pursuant to UCC§ 3501(6)(2) which again has been met with premeditated silence.
Silence can only be equated with fraud where there is a legal or moral duty to speak or where an
inquiry left unansweredwould be intentionally misleadiung..,. We cannot condone this shocking conduct
by the IRS. Our revenue system is based upon the good faith of the taxpayers and the taxpayers
should be able to expect the same from govemnent i o its enforcement and collection activities.... This
sort of deception will not be tolerated and if this is the"routine"it should be corrected itru xediately.
fU v.Tweet.550 F.2d 297,299(1977),Iquoting U.S.v.E01,44 %X124 F.2d 1021,1032(1970))
To date,bah KIRK ANDRUS and'gudge"DIANA BECTON SMITH,two of the acting agentls of
the federal entities,COUNTY OF CONTRA COSTA and Superior Court of California.,County of Contra
1 of 2
Costa,have each failed to comply with current Federal Public Poky of HJR 192 of June 5,1933 and P.L. 73-10
by declining,refusing Of Otherwise failing to Provide me wth-2AA0&WWUg gi IM FoymWM
E)-Hx Ek4jun of EON gL ILAAW in which to support the subject matter of their claims
In spite of the a "guma, AMSOMmi-Nd U-C-C S MWW.
Furthermore through their wffW silence they have tacitly admitted the criminal compliant,warrant for arrest and
now True Bill Indictment issued in this matter lacks the assessment/voucher to codify their validity when they
knowingly faded to honor MY request for production of said documents under thrust Of UCC S 3501(b)(2)-
They have further failed to process my UCC S 3605(a)(b)promissory note executed on January 3# A.D.2002
per said current Federal Public Policy as the"posted"setoff equal exchange in the amount of$5,004,000.00 in
response to their purported Bad Claim alleged in their arrest warrant to obtain the release of RICHARD
HARRY PETERSON0 from custody. Additionally,they appeared to have issued an arrest warrant in absent of
an appearance bond account to write the claimed amount against contrary to current federal public policy.
Therefore,as Authorized Representative of RICHARD HARRY PETERSON*,the debtor-in-
possession, [see copy of Power of Attorney attached htr6n],I will afford you as financial fiscal
fiduciary/trustee the opportunity to CLOSE Account/Cast No.206941-7-DA NO.X 02 000373-1 -New#
030031-9 and provide Me with full settlement in the posted W amount of($5,000,001100)and close Account/
Case No. 206941-7 -DA NO.X 02 000373-1 -New#030031-9 regarding RICHARD HARRY PETERSON
and release the same from custody within the commercial grace period of seven (7)days with three(3)additional
days for mailing. Your failure to provide ME with full settlement of this account will leave me no other remedy
then to remove this case to the district court of the United States which has original jurisdiction over the subject
matter under federal questions given the surreptitious theft of said posted bail from the current court file.
A removal to the federal district'tax'court under Diversity of Citizenship and Federal Question sets
forth an escrow in the amount of$5,075,1100.00 in which your federal mandated insurance policy will be libel for
in the event you wish to carry on with your will rather thin the means. Absent settlernent at the state level I
shall be forced to file 2 Tort Claim and you will be afforded the opportunity to Show Cause why it should not
issue. The agents listed above am Tax Fugitives and I will prosecute the matter to the 6A extent in accord with
the Internal Revenue Laws of the United States and current fed"public policy of P.L.73-10 in fight of the
apparent insolvency of your federal corporations and apparent theft of my UCC§3603(a)(b)promissory note.
If I do not hear from you by(date established above),you will heat from me.
Until then Karn... Very truly yours,
Richard Harry.Petersono,Authorized Representative
c/o 4473 Silverberty Court
Concord,CAliforniA,Zip Code Exempt
enclosures-. IRS Foran 2678;Power of Attorney, Request document-dated December 10%A-D. 2002 -Tracking#
RPMDN1216a-Notice of FauWwith Opportunity to Cure within 72 hours-dated December 2r,A.D.2002,
Notice of Default - dated January 6', AM. 2003; TRUTH AFFMAVrr IN THE NATURE OF
SUPPLEMENTALRULES FOR AGA NISTRATMT AND MARIMMECIAIN(S RULES C(6),UCC-1
Financing Statement#0234760758,Statement of Fact Roster of Public Agencies Mug dated February
26h,A.D.2002,Affidavit Denying Corporate Existence;California UCC§3603(a)(b)Promissory Note
cc: Gray Davis,Govemor of State of California
K=Torte,Court Executive Officer of Superior Court ofCalifornia,County of Contra Costa
Chief Justice Ronald M.George,CEO orf Public Agency,Superior Court of Cal foul*
County of Contra Costa
2 of 2
i
Contra Costa County
Office 0iKarmstn t.eorcomn
,^
� r- Avl9crGontrt�ler
COUNTY AUDiTQR-CONTROLLER �� �" Staptrati J.Yberre.
AassuttoM Aaditos�Gan#oUer
625 Court Street
Martinez, California 94553-1282
Telephone (925) 646.2181
Fax (925) 646-26649
December 27,2400
District Director, IRS
Ogden Semite Canter r
Ogden,L"I' 84241-0005
Re: Avvoizttrrtent gf PjyLolt_Aeent
Pursuant to California State Assembly Bill 233 and the provisions of California Govt
Code section.77212(Trial Court Funding),the Superior Court of Contra:Costa County
has applied for and received a separate Federal Employer Identification Number
( EIN 68-0464244 ).
It is the Courts intent, to appoint tate to rertt employer of record(Contra Costa County
EIT4 94-6000509)as their"Agent"for purposes of Payroll processing.
Acting in it's capacity as the Court's"A-enc",Centra Costa County will be responsible
for the withholding ofFederal and State taxes from the wages of Court employees,and
will snake related tax deposits,file the uccessary quarterly tax returns, file tax and swage
adjustments/corrections as necessary,and will issue the annual W-2's.
Since tate Agent(Contra Costa County)would incur unreasonable additional costs by
attempting to process the Superior Courts payroll using the Courts separate Employer ID
number, the wages and taxes of Trial Court employees will be reported under the Agent's
Federal and State Tax Ill numbers.
Attached please find the signed Form 2678( "Employer Appointment of Agent")as
required under Section 3504 of the Internal Revenue Code.
Per the instructions for Foam 2678,please accept this correspondence as Contra Costa
County's request for IRS authority t4 do all that is required of the employer(Superior
Court of Contra Costa County)for wages paid on the employer's behalf. Please contact
Mr. Craig Loop of the Contra Costa County Auditor-Controller's office at(925')646-
2159 if you have any questions concerning this matter.
��ire�ly�-
cc Superior Court of Centra Costa County tephe Ybarra
Attn. Judy Lytle,Fiscal Officer Assistant Auditor-Controller
t7t aritr Thr•karmw t4warMw ffi+cvSos
Pram 2678 Employer Appointment of Agetnt OMNu7be r
(Ray.dune 1007) Vadw Maxi 4 of the tlg►`mW iszrvsntrs:Cads
t use by a�ptnY'+�'s+erpsyse�e)
I.To tif�tftictht7rt8
Employer or Payer.Plows cmrnplete
thls►tom and Ova it to Lire agent
Agent Piece attach a letter request-
fS#rt CfA+r IRS Ing sutho lir to do either all ttsa<t is
-required of the ampwy r for you
4GEDE N UT S&rvko Gagger Par an thw ernployars bobstf or ail tftt is
84201-0005ired of the payor for requirements of
cimp wfthholding.(Soar abler
P wad lutrtar 70.6 or 84 U)
Forward both the{eller of mquest and
loan 2878 to the oftotorofthe Internal
Revenuw servkaa Center WAN*you No
No*FW.P--.748 to svoga We to kkka*w t271 and Rev.Plot:004,U is Avztl kwa In your rettirrm(Brae ravers»+tkte bar
l:utsta�sq»2272, sddnaa�es,}
2 4r trlrle}a 0.Empbyst°s Of Psyea'e (Mvrmbw and 090,any:fWM or PCW ofia,SUM
h"njtJl +neat zw OWV) ,
CONTRA COSTA COUNTY 645 MAIN ST. STE 101
s.Employer itr+erof4abon nt"tor MARTINEZ, CA 94553
68-0464744
S.Agenes name 6.Agenfs add(sse(Ntat�carts wrsa4 Oy,lawn or part oft,,Stats and T1P cad#)
Contra Costa County 625 Court Street 1103
t Ag*nrs empicyartd+arii#losdonnumber. Martinez, CA 94553
94-6000609
8,61fec1ive for tr heck am&W trr b"*$dx#apply) a 0 tt V WWWAn.Pica 10.lame dela of sppoirrtt�by
7",door ids appt W employer or payer
hrnptt}yxsse�st tars frarv.antra,tea} �
96M
p wwstraithy(craw ma ems} ED Yo 0 M JAN 1, 2001
Under soolon 3604 of tlta asternal Revenue Code, Signature of employer or payer rase
Pleats au"Nt m arts agern to do alt that is#equt#sd 12/27/00
MAW(Ch1k*the arts(s)VW appty)
LjChapter Zl(FICA) f#i ill(1rtt�I�Ei p+tt�te s�nri++tl is a n ft%#Or,
Ch*WAr 22(ttasiosd l�atrgr smo rri9BtrtbeF of tfrrn a ttJlluer)
Ctlaptare 24-
V4ttttht'ttk#4n,9 and/or
8
sckuvWw*01dMo FISCAL OFFICER
M Cltap#+�w'25(Csn "V Pt0v4aiWW1 of Subtitle C
The agent narrrt+ed>ahove itis*bessiappohstr d adorer
to pay wag"for employers srWor report and
deposit t wAtip withholding antorrttts for payers.
Th)s appointment's effective on it+e date shown
in item 10,
It is undetslooO that the,agent and employer or
payer are subject to all provisions of law end For ln#ernali Rovsnue Service Use Only
foouwo(ts# su#trV ponaxv-7)which AP*to Effective data granted
tsmst►c+yers of,payors, by IRS
For the Paperwork Roduallon Ad Nolice,please see rias back of Oft forret,
Cstatast Mtur�bar semi _ iro mt 2a$tWw,cam
Tracking## RPMPOA121002
TUI'H AFFIDAVIT
IN THF NATURE CSF S1JE ;X _NTAL
TI I Rt3L C G
ULES F
Grant of Exclusive power of attorney to conduct all tax,business,and legal affairs of fictional person
POWER OF ATTORNEY
I, Richard Harry: Peterson,a living soul,a Sovereign,a Private Party,upon the land.county Contra Costa,in the state of
California,a republic. In Commerce,everything must be discussed to truth,the whole truth,and nothing but the truth and
every statement in My Affidavit is true,correct,complete,and not misleading. I am over the age of 21,have a sound mind
and am able for making the following statements,and in commerce everything must be stated in order for resolving the
matter. My Affidavit is in COMMERCE.
RICHARD HARRY PETERSON;RICHARD PETERSON;PETERSON,RICHARD HARRY,or any derivative thereof
(hereinafter known as RICHARD HARRY PETERSON)is My intellectual private property and I have a Copyright on
record with the State of California,Office of the Secretary of State.
Whereas corporations such as THE STATE OF CALIFORNIA,THE UNITED STATES and the like,seem to believe that
RICHARD HARRY PETERSON is a duly authorized and existing corporation,I am creating this Power of Attorney in
Fact and noticing the PUBLIC that I am the only one having authority and Power of Attorney over the fiction known as
RICHARD HARRY PETERSON.
I,Richard Harry:Peterson,therefore,as Power of Attorney in Fact,Non-domestic,c/o 4473 Silverberry Court,Concord,
California,will take exclusive charge of,manage,and conduct all of RICHARD HARRY PETERSON's tax,business and
legal affairs,and for such purpose will act for RICHARD HARRY PETERSON without limitation on the powers necessary
to carry out this exclusive purpose of attorney in fact as authorized:
(A) Take possession of,hold, and manage RICHARD HARRY PETERSON's real estate and all other
property;
(B) Receive money or property paid or delivered to RICHARD LARRY PETERSON from any source;
(C) Deposit funds in, make withdrawals from, or sign checks or drafts against any account standing in
RICHARD HARRY PETERSON's name individually or jointly in any bank or other depository,to cash
coupons,bands,or certificates of deposits,to endorse checks,notes or other documents in RICHARD
HARRY PETERSON's name;to have access to,and;;place items in or remove them from,any safety
deposit box standing in RICHARD HARRY PETERSON's name individually or jointly,and otherwise
to conduct bank transactions or business for RICHARD HARRY PETERSON;
(D) Pay RICHARD HARRY PETERSON's just debts and expenses,including reasonable expenses incurred
by Me the attorney in fact,in exercising this exclusive power of attorney;
(E) Retain any investments,invest,and to invest in stacks,bonds,or other securities,or in real estate or other
property;
(F) Give general and special proxies or exercise rights of conversion or rights with respect to shares or
securities,to deposit shares or securities with,or transfer there to protective committees or similar bodies,
to join in any reorganization and pay assessments or subscription called for in connection with shares or
securities;
(G) Sell,exchange,lease,give options,and make contracts concerning real estate or other property for such
consideration and on such terms as I may consider prudent;
(H) Improving or develop real estate,to construct,alter,or repair building structures and appurtenances or
real estate, to settle boundary lines,easements, and other rights with respect to real estate; to plant,
Cultivate, harvest, and sell or otherwise dispose of crops and timber, and do all things necessary or
appropriate to good husbandry;
{I)
Provide for the use,maintenance, repair,security,or storage of RICHARD HARRY PETERSON'S
tangible property,
(j} Purchase and maintain such policies of insurance against liability, fire,casualty,or other risks as I may
consider prudetat,
1,Richard Harry: Peterson,am hereby authorized by law to act for and in control of the FICTION,RICHARD HARRY
PETERSON,or any derivative thereof and to contract for all business and legal affairs of the fictional person:PETERSON,
RICHARD HARDY.
The term "exclusive" shall be construed to mean that while these powers of attorney are in force, only I may obligate
RICHARD HARRY PETERSON in these matters. This grant of Exclusive Power is Irrevocable during the lifetime of
Richard Harty:Peterson,the living soul.
Notice for the agent is notice for the principal and notice for the principal is notice for the agent.
Notice for the Secretary of State of the state of California,
and record court for original jurisdiction,is notice for all.
Further Affiant saith:naught
This document wa727 hard Harry:Peterson
Richard Har . eters ,Living Soul,Child of Yah
With the Autograph
California state )
ss:
Contra Costa county )
Ckx this fth month in ,
identified himself as Richard H the truth of this affidavit with
his si
Nly commission expires; /Val/1.61,x,142
Notary Pu 'c /�
L " one Notary Subcr bed and sworn to before me
this 12th day of December, 2002,
r ,zip code by RICHARD HARRY PETERSON
,r AT l CJNEAL
COMM. 1239997
MGtABY P53nic-t:ALIFORMA
COWAACOSTA#OVNTY w
M Comm trzplro1 NdY.55,1#E53
KIRK ANDRUS-asst.TSA for the December 16`x`,A.D.2002
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF CONTRA COSTA,a Public Agency Tracking# RPMDN 121602
649 MAIN STREET
MARTINEZ,CA 94553
Regarding; Your unsigned,undated commercial offer entitled COMPLAINT- FELONY identified as
Account/Case No. 206941-7 - DA NO. X 02 000373-1 addressed to RICHARD HARRY
PETERSON.
Dear KIRK ANDRUS:
Please take notice of the address and mailing location corrections that follows and adjust your records
accordingly. Address correction.Richard Harry`Peterson. Mailing location correction.Non-domestic c/o
4473 Saverberry Court,Concord,California,Zip Code Exempt. The above regarding is hereby rejected and
returned to you.
I do not agree to allow the Public Agency,Superior Court of California,County of Martinez to trick Me into
becoming involved in their fiction world. I am Me and not that fictitious name you wrote of in your
unsigned,undated commercial offer entitled COMPLAINT- FELONY identified as Account/Case No.
206941-7- DA NO.X 02 003373-I[see copy attached). In fact,the name RICHARD HAIRY
PETERSON or any derivative thereof is My private property and I have a Copyright placed upon it. I will
forgive your trespass this time and this time only. Any future use of My Copyright without Ivey express
written permission will cause a violation and either you or your federal employer,the Public Agency will be
invoiced and hereby agrees to be invoiced under the Copyright contract. [See attested Copyright enclosed]. If
said invoice is not paid, I may place either you or the Public Agency into involuntary bankruptcy.
If your"COMPLAINT- FELONY"is directed to Me,Richard Harry:Peterson-the living soul, then 1 expect
to be addressed correctly and My mailing location to be correct and I expect the draft to be written by the de
jure court for the de jure county and not the fictitious Superior Court of California,County of Martinez, [a
federal public agency as evident by the Federal Employer Tax Identification Number 68-0464744-
sec copy of IMS pram 26781, for the fictitious federal state known as the State of California - [See
California Stat. 1935,Ch. 505,p.1577,§2,July 15,19351. My state of California is the one established
under Volume 9 U.S.Mats at Large Inge 452 entitled,"An Acl for the Atilt L"jgn of sbe State of
Com; 'fro ja i ntg tthe Vllj ',which as a government of laws,is comprised of the Sovereigns in the county
wherein'I live and as"every man is independent of all laws,except those prescribed by nature. He is not
bound by any institutions formed by his fellow men without his consent." 1 m&n v Neale.2 N.C. 338
(17%)2 S.E. 70. KIRK ANDRUS this means the Public.Agency,Superior Court of California,County of
Martinez,your federal employer. Said Public Agency was not formed with My consent. Said public Agency
was created on or about February 261,A.D.2002 (See copy of Statement of Facts Roster of Public
Agencies Filing under Government Code S 53050-5301511 through trickery and fraud without hull
disclosure of the facts. Your unsigned,undated commercial offer entitled COMPLAINT- FELONY
identified as Account/Case No.206941-7-TSA NO.X 02 000373-1 utilized deceptive trade acts and
practices to gain jurisdiction where none would otherwise exist. The Public Agency is a mere corporate
fiction-a piece of paper existing only in the minds of those who subscribe-through the art of deception.
I am NOT a corporation—I am a real living breathing soul,a child of My Father in Heaven. Your, Public
Agency,Superior Court of California,County of Martinez,is a b=*mpt corporation—a fiction that doses not
exist in nature! You do NOT have MY Permission to ever attempt to re-contract Me again whether
verbally or in writing. And,if you think or believe that you represent erre,you art hercbv fired!
I of 2
Pursuant to federal Public Policy of House Joint Resolution 192 of Juste 5, 1933 and Public Law 73-10 [a
species of bankruptcy]and your UCC 3501(+)(2),I demand that you RLqdwc Lb—t(gg4gd_oa+do+ctxat Sn
JS9ntWJJ 2d* My bon
mated thereto agreeing to be subject to the terms and conditions
of said contract that would obligate Me to your herein described unsigned,undated commercial offer.
I further demand that you produce the IRS Farm 1099 OID for said Account/Cast No. 206941-7 - ISA NO,
X 02 000373-1,the 1040 FS for said account,along with a certified statement of accounting,for the
assessment you rendered in initiating Account/Cast No. 206941-7-DA NO.X 02 000373.1. Further please
provide the mandatory Appearance Bond and Voucher for said Account/Case by which you appear to
have usurped my intellectual property,as I am the priority creditor of my private personal intellectual
property,RICHARD HARRY PETERSON [See copy of UCC-1 Financing Statement] and i am not in
receipt of any evidence of a contract signed by me authorizing your use of my intellectual property, as such it
does appear that you have usurped my personal exemption under federal public policy without my consent
which is a damage that has interfered with My commercial affairs,a violation of current federal public policy.
To the event you are unable or unwilling to comply with this instruction or simply remain silent will establish
admissible evidence of your lack of standing and validation of My facts and evidence described herein,thus, I
shall alternatively require of you evidence of your Article VI Oath of Fidelity,your Cath of Office, front and
back color copy of your license to practice lave in California pursuant to your Business& Profession Code 5
6067 and the policy number,name and address of the underwriter of your Official Bond that allows you to
operate in a>commercial venue. Please be advised what your higher•courts have held regarding silence.
Silence can only be equated with fraud where there is a legal or moral duty to speak or where an
inquiry left unanswered would be intentionally misleading: ... We cannot condone this shocking
conduct by the IRS. Out revenue system is based upon the good fault of the taxpayers and the
taxpayers should be able to expect the sante from government in its enforcement and collection
activities.... This sort of deception will not be tolerated and if this is the"routine"it should be
corrected immediately.W.S._v,TJved,550 F.2d 297,299(1977},emphasis added)(quoting-V,5.v.
F rq,424 F.2d 1021, 1032(19711))
You have seventy-two hours to substantiate your status by producing the foregoing proofs or immediately
release all bonds,pay AN bills and close all accounts that you have created without my express written consent
that bear the name of Ivey private property,RICHARD HARRY PETERSON or any derivative thereof.
This request is made under the guarantee of Amendments I and XI of the Constitution of the United States
and Article I Sections 3 and 24 of the Calforrtia Constitution right of petition to redress a grievance.
I look forward to bearing from you soon.
With sincerest regards,
Richard harry: Peterson,a living soul
Principal,Child of the Creator
cnc: C:()MPLAtN'r-r`T.ii..C7NY identifted as rlcctrunt/Case Na.206941.7-DA NO.X O2 OW373-1;(,opyright; tR5 Furm
2678; Statement of Facts Roster of Public Agencies Filing,;Ut:C-1 Financing 5taternent
2 of 2
KIRK ANDRUS,asst. District Attorney of
SUPERIOR COURT OF CALIFORNIA, December 27',A.D. 2002
COUNTY OF CONTRA COSTA,a Public Agency
649 MAIN STREET, ROOM 108
MARTINEZ,CALIFORNIA
N CCa►TIC OF MLT WITH pp R UN3:Q,fQRE
Regarding: Your failure to respond to my request for evidence: Your unsigned,undated commercial offer
entitled COMPLAINT- FELONY identified as Account/Case No.206941-7 - DA NO. X 02
000373-1 addressed to RICHARD HARRY PETERSON
Dear KIRK ANDRUS,.
This is a NOTICE OF FAULT WITH OPPORTUNITY TO CURE upon the instrument titled Your
unsigned,undated commercial offer entitled COMPLAINT- FELONY identified as Account/Case No.
206941-7 - ISA NO. X 02 000373-1 addressed to RICHARD HARDY PETERSON presented to you in good
faith on December 17'x',A.D. 2002 and received by your office on the same day as evident by the Affidavit of
Service.
By the terms and conditions of the agreement contained in that presentation, you are under obligation
to timely and in good faith answer,object,rebut,refute,and or otherwise respond to the following:
1)produce the foundation document[contract]with my bona fide signature agreeing to be
bound by the terms and conditions of your COMPLAINT-FELONY contract said.Account/Case No.
206941-7-DA NO.X 02 000373-1;
2)produce the IRS Form 1099 OID for said.Account/Case No. 206941-7 -DA NO.X.02 000373-1;
3)the 1040 ES for said Account/Case No. 206941-7-DA NO.X 02 000373-1;
4)a certified statement of accounting for the assessment you rendered in initiating Account/Case;
5}provide the,mandatory Appearance Bond and Voucher for said Account/Case;
6)front and back color copy of your'license to practice law in California per B&P Code 5 6067;
7}article VI Oath of Fidelity and your Oath of Office;
8)the policy number,name and address of the underwriter of your Official Bond that allows you to
operate in a commercial venue.
As of today,you have failed to do so. Your failure to do so places you at FAULT.
This is my good faith offer to extend the time for you to respond by ars additional seventy two(72)
hours. Should you fail,refuse,or neglect to respond to this NOTICE OF FAULT,I will enter a NOTICE OF
DEFAULT,as second witness you for your commercial dishonor of your mandatory obligation to validate your
claim to a right of action to initiate a commercial cause of action as mandated under federal Public Policy of HJR
192 of June 5, 1033. Further,said failure to respond will be deemed evidence of the insolvency of your public
agency,which will be publicly established under notary seal.
Of this presentment take due NOTICE and heed,and govern yourself accordingly.
Sincerely
41-11
Richard Harry.Peterson,Living Soul
Principal,Child of the Creator
—FFIDAVIT OF SERVICE
State of California )
County of Contra Costa ss.
I am over 18 years of age and not a party to the within action; my business
address is:
c/o 1330 N. Broadway, Suite 200-H
Walnut Creek, California
On the 27'x' day of December A.D. 2002 I personally served one copy of the
following:
one (1) page in length,slated December 27`x, A..D. 2002
a total of one (1) page personally served herewith, (not including this Affidavit
of Mailing) on KIRK ANDRUS as follows
KIRK ANDRUS,asst. District Attorney
DIS'T'RICT A`l" ORNEY OF COUNTY OF CONTRA Cos'I'A.
649 MAIN STREET
Martinez, CA
I declare under penalty of perjury under the laws of the State of California. that
the above is true, correct, and complete, and that this Affidavit of Service was
4execed on December 27- , A.D. 2002 Walnut Creek, California.
,
Harry Ch es: Sweet,Jr.
KIRK ANDRUS,asst.District Attorney of January 6'b,A.D. 2003
COUNTY OF CONTRA COSTA,a Public Agency
725 COURT STREET,41'" FLOOR,ROOM 432
MARTINEZ,CALIFORNIA
I+ QTI!E QF DEFAULT
Regarding: Your failure to respond to my request for evidence: Your unsigned,undated commercial
offer entitled COMPLAINT-FELONY`identified as Account/Case No. 206941-7-DA
NO. X 02 000373-1 addressed to RICHARD HARRY PETERSON
Dear KIRK ANDRU&
This is a NOTICE OF FAULT WITH OPPORTUNITY TO CURE upon the instrument titled
Your unsigned,undated commercial offer entitled COMPLAINT- FELONY identified as Account/Case
No. 206941-7 DA NO.X 02 000373.1 addressed to RICHARD HARRY PETERSON presented to you in
good faith on December 17''',A.D.2002 and received by your office on the same day as evident by the
Affidavit of Service.
By the terms and conditions of the agreement contained in the presentation dated December 16',
A.D. 2002 and the followup NOTICE OF FAULT WITH OPPORTUNITY TO CURE dated
December 27' A.D.2002,you were under obligation to timely and in good faith answer,object,rebut,
refute,and or otherwise respond. Your PRA rime frame was ten(10) days which you have failed to meet.
As of today,you have failed to comply with Public Records Act of Government Code 5 6250,6256
and UCC§ 3501(b)(2). Your failure to des so places you at DEFAULT and further establishes your official
misconduct for bringing false chanes against me and further perpetrating fraud upon a court of law.
By your DEFAULT,you are deemed to be in bad faith,violation;of Oath of Allegiance,Bond,
ministerial duty to do that which is right,that you have instanter waived,yielded up any claim to immunity
from prosecution. Your commercial dishonor to comply with UCC§ 3501(b)(2) to validate your claim to a
right of action to initiate Account/Case No. 206941-7 -DA NO. X 02 000373-1,a commercial cause of
action as mandated under current federal Public Policy of HJR 192,establishes both your and your agency's
insolvency. Said DEFAULT further establishes that you agree to the averrnents of the above described
document and forfeit any claims against the averments in said request.
"Silence can only be equated with Crud where there is a legal or moral duty to speak or where
an inquiry 1,-t unanswered would be intentionally misleading.... We cannot condone this shocking
conduct by the IRS. Our revenue system is based upon the good faith of the taxpayers and the
taxpayers should be able to expect the same from government in its enforcement and collection
activities.... This sort of deception will not be tolerated and if this is the"routine"it should be
corrected immediately." T.&v,IML 550 F.2d 297,299(1177),emphasis added] [quoting U.S.v.
PP r _nom 424 F'.2d 1021, 1032{1970})
Of this presentment take due NOTICE and heed,and govern yourself accordingly.
Sincerely f 7
Richard Harry: Peterson,Laving Soul
Principal,Child of the Creator
......................
COPYRIGHT
Tracking#RPMCR121002
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old Glory the lawfml Flag for the United State defthedby Title 4 U.S.C.f I
TRUTH AFFIP
AV-11
IN TI-IE NATURE QF SURP—LEMENT&
RULF..�FQLRAMNISTR TIVE,&ND LITIM--A
AM - CL&IM—a RULES Q&
Verified Affidavit for Truth in Commerce and Contract by Waiver for Tort Presented by Me,addressee,Richard
Harry.-Peterson,Agent and living soul,one for We the People under Orioal Common Law Jurisdiction by the
California and united states of America Contracts, the Constitutions.
Republic and one by the several
united states ss.
California in America
For: Whom it may concern., In the Matter for the fiction known as: RICHARD HARRY PETERSON,
RICHARD PETERSON; and all derivatives thereof. Fiction is hereafter known as RICHARD HARRY
PETERSON,4473 SILVERBERRY COURT,CONCORD,CA.
MXM-XAe-1L addressee,Richard Harry.Peterson,(Secured Parry)the undersigned for one We the People,
Sovereign,natural born living souls,the Posterity,born upon the land in the one for several counties within the
one for several states united for America, the undersigned Posterity,Creditors,and Claimants, herein after"I,
Mg.My,M_y—seIG,$s-cured Party"do hereby solemnly affirm,say and state:
I, 1.Ms.My. Mysel(Jecured Party am competent for stating the matters set forth herewith.
2, L MS. WA M1g1f. Seguted Pgkr have personal knowledge concerning the facts stated
herein.
1 All the facts stated herein are true,correct,complete,and certain,not misleading,admissible as
evidence,and if stating 1.M
M sgj&Secured_gured Pat shall so state.
Plgia-StateMgnt of Facts
A matter must be expressed for being resolved. In commerce,truth is sovereign. Truth is expressed in the form
for an Affidavit,
An affidavit not rebutted stands as Truth in commerce. An Affidavit not rebutted,after thirty(30)days,becomes
the judgment in commerce, A Truth Affidavit,under commercial law,can only be satisfied: by Truth Affidavit
rebuttal,by payment,by agreement,by resolution,or by Common Law Rules,by a jury.
Myaff,$Scurcd PAW=expressing truth by this Verified Affidavit of Truth in Commerce and
Contract by Waiver for Tort Presented by me,addressee,Richard Harry:Peterson,living soul,one for We the
People under Original Common Law jurisdiction for the California and united states of America Contracts,the
Constitutions.
YHEBEA9 the public record is the highest evidence form,1,Me, M�,Myseif SS�cured Parry a hereby
timely creating public record by a Truth Affidavit in Commerce and Contract for a"Tort Waiver Presented by
Me, addressee, Richard Harry: Peterson, living soul, one for We the People under Original Common Law
jurisdiction for the California and united states of America Contracts,the Constitutions.
1) ftct: The person known as RICHARD HARRY PETERSON, (and all derivatives thereof] is a
fiction without physical form or substance,and any resemblance for any natural born body living or dead
is entirely intentional in commercial fraud by Genocide acts for We the People for California by the
alleged Government officials and agents for the Commercial Corporation and Commercial Courts for
the disfranchising purpose,We the People for California from our Life,Liberty,Property,and Pursuit
of Happiness, among other Rights, for their self enrichment using their Eederal Rules of Civil
Ptocgdupe 9 al,outside the law authority and our Courts by original jurisdiction.
?) t: I have placed a copyright on the Fiction known as RICHARD HARRY PETERSON,and all
derivatives thereof,is now My private property and cannot be used without My prior written consent,
and then only under the terms set out in this contract.
3) ar t:The Fiction is My perfected security and registered by contract with Me and with the Secretary
of State under State of California as such for five years and is My recorded copyright Fiction by this
Affidavit under original common law jurisdiction for one-hundred(100) years and is My private
property, for My Estate protection,My Life,and My Liberty.
4)Eact:Using My Fiction on any document associated in any manner with My Estate or Me,the holder
in due course,Secured Party,Exempt from Levy,without My written prior consent is strictly forbidden
and chargeable against each user and issuer in the amount,the sum certain for one thousand(1,000.00)
dollars, silver specie, in lawful coinage for the united states of America per user and per issuer per
Fiction.
5) Fact: Using My Fiction for the intended gains for themselves(the issuers or users) or For others for
any of My Rights, My private property or any part about My Estate without full disclosure and My
written prior consent is strictly forbidden and chargeable per each user and issuer,in the amount of the
sum certain for one million(1,000,000.00)dollars silver specie in lawful coinage for the united states of
America as defined under Article I Section 10 of We the People's Contract Constitution for the united
states of America per using Fiction including any past,present,or future use.
G) c-t:Using My.Fiction on any document associated in any manner with My Estate or Me,the holder
in due course, Secured Party, and Exempt from Levy, without My written prior consent is all the
evidence required for enforcing this agreement/contract and evidence that any and all users and issuers
are in full agreement and have accepted this agreement/contract under the condition and terms so stated
and set forth herein and is due and payable under the terms and conditions set forth herein by this
agreement/contract.
I,US,My IYAelf.$sc ��`atty am not an expert in the Law,however I do know right from wrong, If there
is any human being that is being unjustly damaged by any statements herein,if he/she will inform Me by facts,
I will sincerely make every effort and amend My ways.
I hereby and herein reserve the right for amending and make amendment for this document as necessary in order
that the truth may be ascertained and proceeding justly determined.
If any living soul has information that will controvert and overcome this Affidavit, since this is a commercial
matter,please advise Me IN WRT'I'TNG by AFFIDAVIT FORM within ten (10)days form recording hereof,
providing Me with your counter Affidavit,provingwith particularity by stating all requisite actual evidentiary fact
and all requisite actual law, and not merely the ultimate facts and law conclusions, that this affidavit is
substantially and materially false sufficiently for changing materially my or the Fiction's status and factual
Affidavit.
Your silence stands as consent,and tacit approval,for Affidavit herein being established as fact as a law matter
and this Affidavit will stand as final judgment in this matter;and for the sure certain herein stated and will be in
full force and effect against all parties,due and payable and entotetasbte by law.
The criminal penalties for commercial fraud are determined by jury,by law,the monetary value is set by
Me for violation against My rights, for breaching the law, the contract, the Constitutions in the sum certain
amount as stated herein for dollars specie silver coin lawful money for the united stags of America as defined
by Article I,Section 10 under the Constitution,by We the People for the united states of America and will be
due and payable on the third business day or any clay thereafter as use occurs after filing by Me,in the public
records for the Secretary of State,state of California,under this Affidavit.
The Undersigned,Vie.My,Myjg%Secured 1?`a_M,holder in due course for original,do herewith declare,
state and say that I issue this with sincere intent in truth,that I am competent by stating the matter set forth
herein, that the contents are true, correct, complete and certain, admissible as evidence, reasonable, not
misleading,and by My best knowledge,by me undersigned addressee.
Notice for the agent is notice for the principal and notice for the principal is notice for the agent.
Notice for the Secretary of State of the state of California,
and record court for original jurisdiction,is notice for all.
Further Affiant saith naught
This document was prepay d by Richard Harry: Peterson
Richard Harry: ters ,Luring Saul,Chad of Yah
With the Autograph
California state
ss:
Contra Costa county )
On this month,in the year of
the Lord two thousand. tw Azi 16Won a peaxe a ore me,a
o th of this affidavit with his signature. www
My comrttission expires, >/l�✓
Notary ifi&lit
t ,Notary Subscribed and sworn to before me
'
this 12th day of December, 2002,
6a -Y-MUM3 zip code by RICHARD HARRY PETERSON
COMM. 1230997
WARY PWL#C CAUfoRt1tA
CONtRA COSTA COUNTY
M Cotnm.:E%DttrrsNw;.15.404 .
t
Richard Harry: Petersona
c/o non-domestic '
4473 Silvexberry Court,near;
Concord,California K 7t, ,"r t
p
%25-825"34 1 3 ihN;T u
THE STATE BAR OF CALIFORNIA
(a STATE OF CALIFORNIA public corputation)
curtently d.b,a. Fortign'Trade Zone
THE SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA
(a fictitious business/a public agency per OC S 53051 operating in a FOREIGN TRADE
ZONE)
THE PEOPLE OF STATE OF CALIFORNIA NO. 206941-7
(a public corporation per GC §6300) DA NO. 3z.02 000373-1
MANDATORY JUDICIAL NOTICE OF
Plaintiff, TRUTH AFFIDAVIT IN THE NATURE
OF SUPPLEMEN'T'AL MULES FOR
M ADMINISTRATIVE AND MARITIME
CLAIMS RULES C(6)
RICHARD HARRY PETER.SONo,et al.,
Offender.
l
COMES NOW the Offender RICHARD HARRY PETERSONc, through its Authorized
Representative, Richard Harry: Peterson who appears specially, invpr consdlii and thus relies upon
IHa sy,Ijertietcr, 1972,404 U.S. 519 in the above-captioned matter to serve notice upon All men or
women of Interest to please take notice of the following.
TRUTH AFFIDA'VI'T`IN THE NATURE OF SUPPLEMENTAL RULES FOR
ADMINISTRATIVE AND MARITIME CLAIMS RULES C(6)
Offender serves this notice of the attached instruments upon the court for the purpose of setting the
record before this Public Agency tribunal,dispositive evidence of the inherent lack of constitutional
authority of said public agency created under federal statute and it lack of pre-existing contract
signed by Offender agreeing to allow said Public Agency to exercise criminal dominion over the
Offendm f
Bate:January 13th, A.D. 2002
Richard Harry: Petersonc
Authorized Representative of Offender
TRUTH AFFIDAVIT IN THE NATURE OF SUPPLEMENTAL
RULES FOR ADMINISTRATIVE AND MARITIME CLAIMS RULES C(6)
Affidavit Noticing THE STATE OF CALIFORNIA,any and all Heirs,Agents and Assigns thereof
of the MVltipR 1'eldri'es perpetrated Upon Me,Richard,Harry: Peterson—the living soul
Republic and one by the j
several united states< } ss Verification by Asseveration
California }
in America }
INTRO MATERIAL
For: Whore it may concern.- in the Matter for RICHARD HARRY PETERSON;RICHARD H. PETERSON,
Richard Harry Peterson, Richard H Peterson(and all derivatives thereof):
I.Me. M�addressee,Richard Harry:Peterson,(herein after Title Owner) the undersigned for one We the
People,Sovereign, natural born living souls, the Posterity, born upon the land in the one for several counties within
the one for the several states united for America, the undersigned Posterity,Creditors,Claimants and Secured Parry,
herein after"I,Me. My. Myatt f,Title Owner"do hereby solemnly declare, say and state:
A. i. c,My. Myself the Title Owner am competent for staling the matters set forth herewith.
B; Ix Me. My,MyleLf the Title Owner have personal knowledge concerning the facts stated herein.
C. AD the facts stated herein are true,correct,complete, and certain, not misleading,admissible as evidence,
and if stating LMe Mv. Myself the Title Owner shall so state.
Plain Statement of Niers
maillutnust b d for blingrgl9ked. In-comm-stol-"thkigymign. Truth is ex r ssed
in ft focM f2t an A&davit.
An Affidavit not rebutted stands as Truth in commerce.An Affidavit not rebutted,after thirty(30)days,
becomes the judgment in commerce.A Truth Affidavit, under commercial'law,can only be satisfied:
by Truth Affidavit rebuttal,by payment,by agreement,by resolution,of by Common Law Rules,by a
trial by jury.
WHEREAS,the public record is the highest evidence form,I,Me,My,Myself,Title Owner,am hereby timely
creating public record by Affidavit with this'Verification by Asseveration in the Nature for Truth Affid=avit ail
Commerce Presented by Me,addressee,living soul,the Tide Owner under Original Common Law Jurisdiction
recognized in both the California and United States of America Contracts,the Constitutions.
I. That I am not a created entity,a corporation,a franchise, a British subject,a subject of the Briush Isles, a
citizen of England, a subject of the United Kingdom,a British commonwealth subject, a citizen of the
UNITED STATES,a 14"'Amendment citizen subject to the jurisdiction of the United States, a citizen of
America, a resident,citizen or subject of any earthly territory,kingdom,or land of any kind.
2. That I AM a natural man,a child of-Creator,Yah,an heir of the Bing Yahshua and therefore My citizensillp
is in Heaven. While a sojourner on this earth, I exist upon the land commonly known as California, a
republic,a nation where the land will forever belong to the people being established by the Mexicali Land
Grant. My Father,Yah,whys created all land and owns all land is Sovereign,I arra a child of Yah, thus I am
Sovereign.
1 That THE STATE OF CALIFORNIA or any similar named derivatives thereof created under the federal
I of
Foreign Trade Zone Act of July 15"',A.D. 1935, includes but is not limited to any and All of the following
fiction entities,departments thereof or heirs,agents and assigns thereof-Governor,the Attorney General,
California Highway Patrol, Sheriffs, Sheriff Deputies, Coroners, District Attorneys, District Attorney
Deputies, Chiefs of Police, City Managers, Mayors, Board of Supervisors, City Counsels and BAR
Attorneys.
4. That I do not give THE STATE OF CALIFORNIA or any of its heirs, agents or assigns (hereinafter
known as you or THE STATE Of CALIFORNIA) permission or consent to ever arrest or attempt to
arrest Me.Richard Harry:Peterson (the living soul),or hold Me as the accommodation party or surety
for the fictitious name RICHARD HARRY PETERSON or any derivative thereof.
5. That I have never knowingly entered into any contract oragreernentwith THE STATE OF CALIFORNIA
that would subject me to the jurisdiction of any Public Agency established under the California Codes.
6. That I am Me and no one else.
7. That RICHARD HARRY PETERSON or any derivative thereof is My intellectual private property and I
have placed a Copyright upon it and having been filed on December 12"',A.D. 2002 in the office of the
Secretary of State under the collateral provisions of UCC-1 Financing Statement#0214760758 and having
never been rebutted it is now fact and PUBLIC POLICY his been established. See copy of UCC-1
Financing Statement#0234760758 attached hereto and made a part hereof.
8. That Any use of My Copyright without My express written permission is violation thereof and will cause
an invoice at the Copyright contract price being placed upon the entity or person using my Copyright. See
copy of Copyright attached hereto and made a part heteof.
9. That further have a Power ofAttorney designating Me as the Authorized Representative of RICHARD
HARRY PETERSON. See copy of Power ofAttofney attached hereto and made a part hereof.
10. That in good faith,on December 17",A.D. 2002,1 made formal request to Kirk Andrus of the Office of
the District Attorney of the federal corporation known as County of Contra Costa- EIN 94-6000509[See
copy of formal request attached hereto and made a part heteoq for the following documents to
establish lawfulness of jurisdiction today the commercial claim COMPLAINT- FELONY contract said
Account/Case No. 206941-7-DA NO.X 02 00037341 against Me:
1)produce the foundation document[contract)with my bona fide signature agreeing to be
bound by the terms and conditions of your COMPLAINT - FELONY contract said
Account/Case No, 206941.7 -DA NO. X 02 000373-1;
2)produce the IRS Form 1099 OID for said Account/Case No. 206941.7 -DA NO. X
02 000373-1;
3)produce the 1040 ES for said Account/Case No. 206941,7 -DA NO. X 02.000373-1;
4)produce a certified statement of accounting for the assessment you rendered in initiating
Account/Case;
5)provide the mandatory Appearance Bond and Voucher for said Account/Case-,
6)front and back color copy of your license to practice law in California per B&P Code
6067;
7)A rticle VI Oath of Fidelity and your Oath of Office;
8)the policy number, name and address of the underwriter of your Official Bond that
allows you to operate in a commercial venue.
11. That Kirk Andrus did not respond within the ten(10)day time frame of your Government Code 6256
12. That on December 27"',A.D. 2002, in good faith I further executed a Notice of Fault with Opportunity
to Cure in 72 hours for the commercial fault of the District Attorney Office by way of Kirk Andrus. See
copy of Notice of Fault attached hereto and made;;a part hereof.
13. That in further good firth,onjanuary 6',A.D.2003,1 executed`2 notice of default upon the failure to Kirk
Andrus and the District Attorney to respond to my PRA request and subsequent Notice of Fault. See copy
of Notice of Default attached hereto and made'a part hereof.
14. That I am not in receipt of foundation document contract) signed by Me agreeing to be subject- to the
jurisdiction of federal Public Agency,Superior Court of California,County of Contra Costa - El N 68-
0464744 after respectfully requesting documented proof ofsaid contract from the District Attorney's Office
pursuant to UCC § 3501(30(2) on more than one occasion, and believes that none exist. See copy of
2 of
Notice of Default attached hetero and made a part hereof
15. That I am not in receipt of any evidence that the Constitution is not an ironclad contract between the
sovereign people and these who are sworn by oath of office to act in their behalf which can be enforce in
a court of lava under the statutes of fraud-,-in California it is found in your Civil Code§1624;modification..
CC§ 1698; further under your Evidence Code at§450 et seq.the courts are bound to take judicial nonce
of it,and believes that none exist.
16, That I am not in receipt of any evidence that the Constitution of state of California operates either directly
or indirectly upon me, and believes that none exist.
17. That I am not in receipt of any evidence that the privately copytighted"California Codes"operates either
directly or indirectly upon me,and believes that none exist.
18. That I am not in receipt of any evidence that the STATE OF CALIFORNIA, County of Contra Costa,
Superior Court of California,County of Contra Costa(See copy of Statement of Fact Roster of Public
Agencies F lingdated FebtuaryW,A.D.2002)wren a a ' operatingin a United States
Foreign Trade Zones pursuant to Internal Revenue Code§461'2(a)(4)(C),(See copy of IRS Form 2678
Employer Appointment ofAgentj under the federalForeign Trade Zone Act of June 18, 1934,48 U.S.
Stats:at L.Ch, 590 pursuant to Title 49 U.S.C. §81a-81 u in conjunction with the Foreign Trade Zone Act
of July I5, 1935 of California Stats 1935 ch 505 §2 p 1577 pursuant to Government Code§ 6300 et seq.,
and believes that none exist.
19. That I arts not in receipt of any evidence that STATE OF CALIFORNIA, County of Contra Costa,
Superior Court of California,County of Contra Costa are not corporate fictions that do not exist in nature,
feet actual physical pain, breathe fresh air, consume physical food, have a bowel movement or stiffer a
physical damage, and believes that none exist. [See copy of affidavit denying corporate existence
attached hereto and trade a part heteo#.
W That I am not in receipt of any evidence that corporations can operate without an express written contract,
and believes that none exist,
21. That I am not in receipt of any evidence that corporations are not subject to and bound by UCC y
3501(b)(2)when said corporations make commercial presentments,and believes that none exist.
22. That i am not in receipt of any evidence that the judicial agent of record,and executive agent,IGrk Andrus,
each Grand Jury Member,all being assigned a Federal Employee Tax identifying Number(SSAN)per 26
USC Q 6109(d),6103(b)(6),26 CFR§31:0-2(a)(10),26 CFR§301.7701-11 upon the strength of the Social
Security Act in tight of FRCrimP Rule 54(c), and tendering contributions pursuant to the mandate of
Federal Insurance Contribution Act in the Federal Employee Tax Identifying Account Number(SSAN),
execute Form W-4 Gift Tax forms and execute and file annual 1040 tax forms, from working in a federal
corporation by definition are not fed1W Sgy,, r ,,and believes that none exist.
23. That I am not in receipt of any evidence that any federal officer or employee has standing to function and
execute the taws ofCalifornia in light of the express prohibition:against duality of office pursuant to Article
VII Section 7 of the California Constitution which provides;"A person holding a lucrative office under the
United States or other power may not hold a civil office of profit.",and believes that none exist.
24, That I am not in receipt of any evidence that itis not an act of treason for a purported sworn or affirmed
officer or employee of either state or national government to circumvent or contravene the express
provisions of either the state or national constitution, and believes that none exist.
25. That I am not in receipt of any evidence that government,state or federal,is able to evade the most soleinn
obligations imposed in the Constitution by simply resorting to the corporate forma,and believes that none
exist.
26, That I am not in receipt of any evidence that any member personnel of the District.Attorney's staff have
ever obtained a license to practice taw in California state pursuant to the mandate of your B&P Code§6067,
and believes that none exist.
27. That I am not in receipt of any evidence that any member personnel of the Public Defender's staff have
ever obtained a license to practice law in California state pursuant to the mandate of your B&P Code§60167,
and believes that none exist.
28, That I am not in receipt of any evidence that the County of Contra Costa and the Superior Court of
California,County of Contra Costa are not bankrupt entities, and believes that none exist..
3 of 6
.................
29. That I am not in receipt of any evidence that the Public Agency,Superior Court of California, County of
Contra Costa created under your Government Code S 53050-53051 on February 26",A.D. 2002 is A
superior court established under the authority of Article VI Section 4 of the California Constitution, and
believes that none exist.
30. That I am not in receipt of any evidence that the Superior Court of California,County of Contra Costa is
a tribunal exercising jurisdiction of 3 strictly judicial character,and believes that none exist.
31: That I am not in receipt of any evidence that the persons who composed the Grand Jury convened in the
Public Agency,Superior,Court of California,County of Contra Costa have ever taken ;in Article VI oath
of allegiance, and believes that none exist.
32. That I am not in receipt of any evidence that the judge of record has ever executed the mandatory oath of
office of Article XX Section 3 of the California state Constitution and properly filed a copy of said oath in
the office of the Secretary of the State as mandated under your Government Code S 1363(a)(3) with the
expiration date of the term of office affixed thereon said oath as required by GC§1363(b),and believes that
none exist.
33. That I am not in receipt of any evidence that the judge of record is a superior court judge estabLished under
the authority of Article VI Sections 9 and 16(c)of the California Constitution,and believes that none exist.
34. That I am not in receipt of any evidence that the judge of record has ever executed and posted the
mandatory official judicial bond as required by Government Code§68103,and believes that none exist
35. That I am not in receipt of any evidence that the judge of record as a purported state officer, has ever
recorded the man.datory official judicial bond as required by Government Code% 1454-1455, 12163,and
believes that none exist
36. That I am not in receipt ofany evidence that your COMPLAINT-FELONY-Account/Cast No.206941.7
- DA NO. X 02 000373-1 is not a commercial contract subject to the Uniform Commercial Code
3501(b)(2), and believes that none exist.
37. That I am not in receipt of any evidence that the District Attorney's Office personnel,the judge of record
and the Public Defender's Office personnel involved in Account/Case No, 206941.7 - DA NO. X 02
000373-1 do not each have a rgoaftt ofinterest in light of Assembly Bill 233 of 1998 commonly known
as the Trial Court Funding Act pursuant to Government Code§77000 et seq.,Penal Code 1464(0(3).(6),
and believes that none exist.
38. That I am not in receipt of any evidence that the District Attorney's Office personnel,the fudge of record
and the Public Defender's Office personnel involved in Account/Case No. 206941.7 - DA NO, X 02
000373-1 salary, benefits and retirement are not derived from the application of the Trial Court Funding
Act, and believes char none exist.
39. That I am not in receipt of any evidence of a duly executed affidavit of no conflict of interest executed by
the judge of record, the District Attorney Office personnel and the Public Defender Office personnel
participating in Account/Case No.206941.7 , DA NO. X 02 1140373-1, and believes that none exist,
40. That I am not in receipt of any evidence that the apparent conflict of interest of the judge,District Attorney
Office personnel and Public DefenderOffice personnel involved in Account/Cast No.206941-7.DA NO,
X 02 000373-1 is not a violation of the maxim of law- "a man shall not be a judge in his own cause"
not a violation of the guarantee of due process in or at law pursuant to the 5"'Amendment of the National
Constiwdon and Article I Section 7 of the California state Constitution,and believes that none exist.
41. That I am not in receipt of any evidence that said apparent conflict of interest of said judge, Discrict
Atcorney Office personnel and Public Defender Office personnel involved in Account/Cast No.206941-7-
DA NO.X 02 000373-1 in violation of the guarantee of due process of law Is not a wilful violation of Tide
18 U.S.C. S 241,242,and believes that none exist.
42. That I am not in receipt of any evidence of said judge receiving as payment for services under the Trial
Court Funding Actis not a direct or indirect violation of Article VI Section 17 of the California Constitution
RS it pertains to the express prohibition that "A judicial officer may not receive fines or fees for
personal use," And believes that none exist,
43. That'>I am not in receipt of any evidence that said judge, District Attorney Office personnel and Public
Defender Office Personnel participating in Account/Cast No.206941-7-DA NO. X 02 000373.1 having
an inherent conflict of interest do not have a mandatory obligation to recuse themselves under Judicial
4 of 6
Canon 3E,CCP'§ 170 etseq.,and PC§`1424 in light of the constitutional guarantee of due process in or at
law,and believes that none exist.
44. That said Public Agency,Superior Court of California,County of Contra Costa ordered that$5,000,000:00
was the amount that I would have to post in order to be released from the physical custody of the court's
jurisdiction.
45. That California Maxim of jurisprudence at CC§3531 holds that the law never requires impossibilities.
46. That pursuant to the federal injunction and requirement of Article I Section 10 of the Constitution of the
United States for the united states of America as it pertains to tender of obligations in payment of debt in
conjunction with current Federal Public Policy of HJR 192 of June 5, 1933 and P.L.73-10,it is currently
impossible for Me under said law,to meet the demanded bail amount as ordered by said Public Agency.
47. That l am not in receipt of any evidence that the bail amount ordered by said Public Agency,Superior Court
of California,County of Contras Costa is not unreasonable given the inherent impossibility in law aspect
regarding the subject of'tender of obligations in payment of bail amount ordered by the court;and believes
that none exist.
48, That on January 3"` A.D.2003,in good faith in'light of federal Public Policy of House Joint Resoluuon 192
of June 5, 1933, a species of bankruptcy, and pursuant to My desire to be free, I tendered a UCC §
3603(a)(b)Promissory Note in the amount of$5,000,000.00 and filed the same in the court record with an
order for the judge of record to sign releasing Richard Harry: Peterson,a living soul,from custody.
49. That the Court has failed to sign the order to release Me from custody after receiving the posted bail
pursuant to current federal public policy in the requisite amount demanded by the court.
50. That I am not in receipt of any evidence said Courts.#allure to execute the carrier to release Me from custody
is not unreasonable as well as cruel and unusual punishment in violations of the 81 Amendment given
the fact that I have never been convicted of any crime nor have a criminal past,and believes that none exist.
51. That on more than one occasion in good faith I appeared specially before the public agency, and ;nude
formal demand to the current judge of record, Marne Benton Smith, pursuant to UCC § 3501(b)(2) to
produce the foundation document[are-existing contract]with my bona fide signature affixed thereto chit
would establish the subject matter jurisdiction of said public agency,a federal corporation.
52. That the judge of record refused to respond to my demand for production of the foundation contract that
I signed agreeing to be subject to the jurisdiction of said public agency.
53. That the judge has repeatedly"cut Me off"in open court from asking for documented proof of subject
matter jurisdiction contrary to Judicial Canon 3B(7).
54. That I am not its receipt of any evidence that the behavior of said Judie in"cutting Me off" in open court
from malting lawful challenge for production of documented proof of subject matter jurisdiction of court
is not contrary to both state and federal law pertaining to due process and 6'Amendment right to know
nature and cause and Judicial Carlon 3$(7),and believes that none exist.
55. That I am not in receipt of any evidence that silence is not equated with fraud when there is a moral alid
legal obligation for an agency or entity of government to speak or where an inquiry left unanswered by said
agency or entity of government would be intentionally misleading,,and believe that none exist.
56. That I am not in receipt of any evidence that after both Ilk Andrus of the District Attorney Office of
County of Contra Costa and the judge of record, Dame Benton Smith were both specifically demanded
pursuant to LSCC§ 3501(b)(2) to produce the foundation document signed by Me agreeing to be subject
to the jurisdiction of said Public Agency and remaining silent,that said silence cannot be equated with fraud,
and believes that none exist.
57. That I am not in receipt of any evidence that the penal Code his either a Californias constitutional nexus or
a statutory reference, and believes that clone exist.
58. That I arra not in receipt cif any evidence that the Penal Code has ever been enacted into public law by the
19"'General Legislative Assembly of California in the year 1872 as purported,and believes that none exist.
59. That I am not in receipt of any evidence of the existence of any California legislative history of the Penal
Cod--,and believes that none exist.
60. That the Penal Code contains within its title the subjects of both criminal acts and:criminal procedure.
61. That I am not in receipt of any evidence that the Penal Code is not in violation of the One Subject,One
Title mandate of Article IV Section 9 of the California stare Constitution,and believes that none exist.
5 of 6
62. That I am not in receipt of any evidence of a pre-existing contract signed by Me that establishes that your
Penal Code operates either directly or indirectly upon me,and believes that none exist.
63. That I arty not in receipt of any evidence that the wilful application of the Renal Code against Me by the
District Attorney's office personnel, the judge of record and the Public Defender's Office personnel
involved in Account/Case No.206941-7 -DA NO.X 02 000573-1 is not being executed;under color of
lave in wilful violation of Title 18 U.S.C. § 2, 3, 4, 241, 242, 1161-1965, and other high crimes and
misdemeanors,and believes than none exist.
64. That I am not in receipt of any evidence that the foregoingactions and documented evidence duly filed of
record docs not establish a conspiracy of sedition and possible treason to the Constitutions by District
Attorney's Office personnel,the judge of record and the Public Defender's Office personnel involved in
Account/Case No. 246941-7-DA NO.X 02 000373-1,and believes that none exist.
65. That I am not in receipt of any evidence that the District Attorney's Office personnel,the,judge of record
and the Public Def'ender's Office personnel involved in Account/Case No. 206941-7 - DA NO. X 02
000373-1 are all nothing more than thud party debt collector of one sort or another who have no first hand
knowledge of any admissible evidence and who further refuse to disclose their status in this matter contrary
to good faith and fair dealing,and believes that none exist.
66. That the specific failure,refusal,and/or neglect of the District Attorney's Office personnel or the judge of
record,Public Defender's Office personnel to fully and timely rebut to this affidavit of truth point by point
within seven(7)days of commercial grace from the filing of this affidavit will set,for the record,as ultimate
facts)that said District Attorney's Office personnel,the judge of record and the Public Defender's Office
personnel involved in Account/Case No.206941-7-DAA NO.X 42000373-1 were and currently are acting
without authority,,office,and/or capacity as officers,officials,or agents for any original jurisdiction non-
corporate governmental`"United States of America"pursuant to the Constitution for the United States of
America, Anna Domini 1789 with Articles of Amendment Anno Domini 1791, and for any original
jurisdiction non-corporate governmental"State of California"pursuant to the 1849 California Constitution
as amended as admitted into the Union by the Act for the Admission of the State of California into the
Utuon as evident in United States Statutes at Large,Volume 9 beginning on Page 452 to approach affaint
with any lawful process under the authority of said constitutions.
67. 'That if the DistrictArtorney's Office personnel,Kirk Andrus,the judge of record and the Public Defender's
Office personnel think or believe that they can,did and are presently representing my commercial interest
and affairs they are formally noticed by this;affidavit duly noticed that then w- alt fired.'
Vecificatioa by Asseveration
In Witness;Whereof,knowing,the law of bearing false witness before God and men,I solemnly aver upon
y own commercial that the foregoing is true and correct per Public Law 97-280, that 1 further aver that this
document is not offered for purposes of delay or harassment, and that I have read the annexed TRUTH
AFFIDAVIT IN THE NATURE OF SVPPLEMENTAL RULES FOR ADMINISTRA'1'M AND
MAWIME CLAIMS RULES C(6) and know>the contents thereof; that the same is true of My own
knowledge,except to the scatters which are therein stated on My information and belief,and as to those matters,
I believe them to be true.
Sealed by the voluntary art of My ownhand on this thirteenth day of the first month,in the year of My
Lord,two thousand three,in the two hundred and twenty-seventh`year of the Independence of America.
I have the Honor of being Private Christian,man on the land,Richard Harry: Petersone.
sw juns
Sign Manual
6 of 6
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Bm Jones
secretary of state 6 2802
STATEMENT Of: FACTS S.L.WEIR,COUNT C'.ERK
ROSTER OF PUBLIC AGENCIES FILING COi�S RA'6OSTpWWT"
(Govemrnent Cade Section,53051) -- .D
EPU
instructions:
1. Gomptete and mail to secretory of State,
P.b. Bax 944225,Sacramento,CA 94244.2250 (916) 653-3984 OMe*us*on
2. A street address must"given as the official rrma"sling address or as
the address of tine preskting officer.
3, compiete addresses as required.
d. N you need addRionst space,please include information on an 8%X 11 page.
New t=iling M Update
Calm
t.egat name of FuDlic Agency: Su erior Court of , faia,
County, of Contra Costa
Nature Of t}pdate: NA
County. Contra Costa
official Mailing Address:
EMein Street, Room 1.48, Martinez, CA 94553
Name and Address of each mamba(of the governing board: Ch6t L r e r s on of
Chief Justict~,
Pcest<eLu of 2M Ptesd nts QMW (indicate This). � t~ 12 C � tJ11riC
Name: Ronald M. Geor ,e Address: 45 5 Golden Gate,jan Francisca CA
SS U6 cleric (Indicate Tide) Court Executive officer
Name: Mr, Ken Torre Address: 649 Main St. km. 108
Martinez, A
Mwaksm
(See attached) Address:
Name: --
'""'. Address:
Name:
Address:
Address:
Name: - --
Name: -°-�- --
Date: _ BtQnaturs
Sue Hansen, Attorney for the
. Yypast plama and 1°itta
Ut c a OUrn C
aaciarwxe uvaf as WV.even
Statement of Facts
Roster of Public Agencies Filing
(continued)
Name:
Hon.Marvin R. Baxter 455 Gulden Gate Ave., San Fran,., CA 94102
Hon. Richard D. Aldrich 455 Golden Cate Ave.,San Fran., CA 94102
Hon. Norman L. Epstein 455 Golden Gate Ave.,San Fran., CA 94102
Hon. Richard D.Huffman 455 Golden Crate Ave.,San Fran.,CA 94102
Hon.hail A. Anler 455 Golden Gate Ave.,San Fran.,CA 94102
Hon. Aviva K. Bobb 455 Golden Gate Ave., San Fran.,CA 94102
Hon, Robert A. Dukes 455 Golden Gate Ave., San Fran., CA 94102
Hon.Leonard P Edwards 455 Golden Gate Ave., San Fran.,CA 94102
Hon. William C. Harrison 455 Golden Gate Ave.,Sart Fran.,CA 94102.
Hon. Brad''R. Hill 455 Golden Gate Ave., Sam Fran;., CA 94102
.Hon. Donna J. Hitchens 455 Golden Gate Ave., San Fran..,CA 94102
Hon. Ronald M. Sabraw 455 Golden date Ave., San Fran., CA 94102
Han. Barbara Ann Zuniga 455 Golden Gate Ave., Sari Fran., CA 94102
Hon. Martha Escutia 455 Golden Gate Ave,, San Fran.,CA 94102
Hon, Darrell Steinberg 455 Golden Gate Ave., San Fran., CA 94.102
Mr. John J. Collins 455 Golden Bate Ave., San Fran.,CA 94102
Ms.Pauline W.Gee 455 Golden Gate Ave., San bran., CA 94102
Mr. Rex H'eeseman 455 Gulden Gate Ave., San Fran.,CA 94102
Mr. Thomas J. Warwick,Jr. 455 Golden Gate Ave., San Fran.,CA 94102
Hon. Stephen D.iBradbury 455 Golden:Gate Ave., San Fran., CA 94102
Hon. Frederick P. Horn 455 Golden Gate Ave.,San Fran.,CA.94102
.Hon, Ronald B. Roble 455 Golden Gate Ave., San Fran.,CA 94102
Hon: Bobby R.'Vincent 455 Golden Cate Ave., San Fran., CA 94102
Ms. Christine Patton 455 Golden Gate Ave., San Fran.,CA 94102
Mr. Arthur Sims 455 Golden Crate Ave., Sate Fran..,CA 94102
Mr. Alan Mater 455 Golden Gate Ave., San Fran., CA 94102
Mr. William C.Vickrey 455 Golden Gate Ave., San Fran., CA 94102
K•u t;t,.Rv+;[\6K�RiD:61Ct1I8eLSfmtat3aas.#rwdnr
i.
"R
u3tiriut (g rund uf(92iifuxxrin
irrirstrerlifrs(off m of file towns
Office of the General Counsel
455 Golden Gate Avenue a San FrtncWo,CA 94102.3660
Telephone 415-865-7446 • Fax 415-865-7664 • TDD 415-865-4272
RONALO M. CEORG'E WILLIAM C. VtCKREY
chtcf justice of C 11f=ia AdMrhtrariw Dirtcrorof the Courts
Chair of the Judicial Gouacil
RtaWA10 G. ClYEtIHOLT
Chief Depwty Diumr
MICHAEL BEROEISEN
General Counut
TO- County Clerk
FROM ' Sue Hansen, Supervising Attorney
DATE: February 7,2002
SU 'ECT/PURPOSE Roster of Public Agencies
Q1~IV ENO:
On behalf of the Judicial Council, we are submitting for filing the information specified
by section 53051 of the Government Cade,as necessary to have the superior court in
your county included in the Roster of:'Public Agencies.
If you have questions about this filing,please call me at 415-865-770?.
Attachment
i
{L�it.�tr ��vt�GR7'1g.tjfnu�tMflNwlCow4 t�I�.tIOdM.dOC
........ ............................ ............
.............. .......... ............ ........
.................. ......
Contra Costa county
ss, Affidavit Denying Corporate Existence
The State of California
1,Richard Harry: family name Peterson,number one living breathing Man on the land with sentient moral existence,
declare in My own hand-writing and by My authority,and,invoking the"InstrumentAlity Rule'(piercing the
corporate veil rule) in the first instance upon discovery of the nature and cause of any debt,duty,claim,or other
obligation, upon solemn affirmation do aver,depose and states for the record upon his own commercial liability
under the penalty of bearing false witness before God and man,that the following facts contained herein are true,
correct,complete,and not misleading,to the best of Affianes personal knowledge and belief,to wit:
1,Richard Harry. family name Peterson,hereby deny that the following corporations exist: UNITED STATES,
UNITED STATES OF AMERICA,SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA
-a Public Agency,STATE OF CALIFORNIA,THE COUNTY OF CONTRA COSTA,CITY OF MARTINEZ,
COUNTY OF CONTRA COSTA FOREIGN TRADE ZONE,STATE OF CALIFORNIA FOREIGN TRADE
ZONE,CITY OF MARTINEZ FOREIGN TRADE ZONE,ALL BAR ASSOCIATIONS, JOYCE CRAM,
THOMAS MADDOCK,GARY T.YANCEY,WARREN E. RUPF,RICHARD HARRY PETERSON-
and derivatives of names associated with RIC14ARD HARRY PETERSON and ALL OTHER
CORPORATE MEMBERS WHO ARE,OR WHO MAY BE ASSOCIATED WITH ANY CLAIMS AGAINST
My natural body or incorporeal hereditaments of personalty,d-roit dominium juga in re;real or personal property.
That Affiant has never been and is not now a corporate officer,member of or an employee of or resident of any of
the above corporations.
FAILURE TO REBUT THIS AFFIDAVIT,IN PROPER AFFIDAVIT FORM POINT FOR POINT,
CATEGORICALLY,WILL CONSTITUTE YOUR DEFAULT AND DISHONOR, (delictual fault) FOR
FAILURE TO MEET YOUR BURDEN OF PROOF TO ESTABLISH YOUR RIGHT TO RECOVERY FOR
AND ON BEHALF OF ALL OTHER CORPORATE MEMBERS WHO ARE,OR WHO MAY BE
ASSOCIATED WITH ANY CLAIMS AGAINST My natural body,soul,and spirit,and property.
Further,if any man or woman denies the truth of this affidavit,you are required to answer this affidavit in Eke
manner of this affidavit point for point,with notarized affidavit,using your Christian or family name for signature,
and mail to the below named notary,address provided,within five(5)days or default is established and nihil licit
Oudgment of confession)will be obtained.
Further Affiant Saith Not
Signed, and Delivered under Notary,in triplicate(x3)to the Actor,Accuser,Aggressor.
iicharI'll ar :-fan-iily name Peterson
In Ca re o 4A �4'73 Silverberry Court
Concord,Non-Dornestic is in real California state
da v of the twelfth mon PyjArnf
man who identified himself as Richard ear before me,a notary,and attested to
the signature
My commission expires: Mbv( IS a003
N otPublic
fy pa=,.
-, Notary Subscribed and sworn to before the
Cl X1 03&�11 I , MC11uh1v2- CA this 12th day of December, 2002,
zip code by RICHARD HARRY PETERSON
PATTI O'NEAL-11
COMM. 1239997
COWAACOSTA,COUNTY
5�n I '
�R
SUPE CURT OF CA.LI.�'C3 1"IA',''CG��1N'I" {��°�QNTRA COSTA
MARTINEZ
fF E PEt;PLE THE'% OF CALZ�'4 1R .._.,:� .-:u;C N4. 206941-7
sig - DA NO. X 02 000373-1
r " COMPLAINT - FELONY
KELuI JF^ 01} PC 278
RIC RY' ON', 02) PC 278
FL,4RS
It,
ING .D (S) ./
S) ./ W/DEF ENHANCEMENTS
•
The under:aign teas, i f 40d belief, that
KELLI i P S 1.4nd
FLORENC1 .1 Y INC tend id commit as felony, a
s°iolati C sell St ABDUCTION) , committed as
follows * 4! V
On ora ut ��` 6, ro` vemb 2002, in Centra Costa
County in Cla csun y, Def en ,; KEL.tLT JEAN Nt1NEZ,
R I CNA RY R9 as F NC Y NG; JR, who did not
have a - of U , d liciei and u ally take, en�,�e
away, ke, thh , and c Jan, 1, a[ ea, with the
intent
I'a"w"-w` cost is of lid. _
CQT .TW
The undersigned fut r sta� on in tion ` b ief, t
KELL,I JEAN NUN�EZ, � �'flS .d
FLC�RENCI4 C,�;�! HAY
Cunt, d i elony'
v:oration of PENAL C4#3 .ON (CHILD D ION , mmitt
on or about April 26, 2002 h h v er 4, , in Cosf,
-County and in Santa Clara the ndar t LLI J EZ,
RICKARD HARRY` PETERSON and F C y m R, w 0 riot
have a right of custody, did C sl unla y take, e
away, keep, withhold, and conte Do a chi
it to detain and conceal th i fres a ny Pat
i aaw u► custodian of the child.
Richard Harry: Retersono
c/o non-domestic j, P
4473 Silverberry Court; near:
Concord, California
(925)825-1413
NN
u
THE STATE BAR OF CALIFORNIA
(a STATE OF CALIFORNIA public corporation)
currently d.b.a. Foreign Tra4e Zone
THE SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA
(a fictitious business/a public agency per GC$53051 operating in a FOREIGN TRADE ZONE)
THE PEOPLE OF STATE OF CALIFORNIA NO. 206941-7
(a public corporation per GC §6300) DA NO. X 02 000373-1
MANDATORY JUDICIAL NOTICE OF
Plaintiff, DELIVERY OF UCC S 3603(a)TENDER OF
PAYMENT DISCHARGING AT LAW COURT
vs. ORDERED$51,000,000.00 CASH BAIL
RICHARD HARRY PETERSONo, et A, PROPOSED ORDER
Offender.
COMES NOW the Offender RICHARD HARRY PETERSONO,through its Authorized Representative,
Richard Harry: Petersono who appears specially,inops comi1ji and thus relies upon Hajogg v, Ksmy , 1972,
404 U.S,519 in the above-captioned matter to serve notice upon All men or women of Interest to please take
notice of the following.
1 Uniform Commercial Code of California § 3603(a)(b) Promissory Note Tendered for
$5,000,000.00 CASH ONLY BAIL
2. ORDER OF ACCEPTANCE OF California Uniform Commercial Code § 3603(a)(b)
Promissory Note Tendered for $5,000,000-00 CASH ONLY BAIL and ORDER OF
RELEASE FROM CUSTODY
Offender serves this notice of the attached instruments upon the court for the purpose of discharging the
court ordered bail amount in order to obtain the release of the Offendees Authorized Representative from
physical restraint mistakenly ordered by this court upon receipt of the same by the clerk of court,
Date:January 3',A.D. 2002
Richard Harry: Petersonc,
Authorized Representative of Offender
California UWforrn Covamercial Code S 3603(a)(b)ProwAssory Note
Tendered for$5,000,000.00 CASH ONLY BAIL
SUPERIOR COURT OF CALIFORNM COUNTY OF CONTRA COSTA, a public agency
regarding the matter of:
THE PEOPLE Of THE STATE Of CALIFORNIA v.RICHARD HARRYPETERSONo,et al.
Account/Case/Cause Number. 206941-7;DA NO.X 421 373-1 Date:January 3 , A.D. 2003
This is My firm promise to pay to Bearer,in like "form and substance of account,"in the arnount of
----------—------------I-------------- ----------�SS.M)OfflQ.00 f
,qrDAJL,etc;---—-------------------------------
3NA(l) U.
jMrJ
theggthq_ 1y fQC�. and
&CUM ACTION REQ11 IRED--i-
This instrurnent can be prmnted to the below maker at the location.c/o 4,473 Silverberry Court,(City of)Concord,in
Califorra state,between the hours of 4.00ptnand 5:00pm,Monday through Friday pursuant to court order. Please call(925)
825-1413(message.phone),in advance,for the arrangement of an appointment.
Richard Plarry: Petersone,maker
File Number 000003—Truldng Number. RHPPNT010303
INDORSEMENT
(When indorsing this instrument,please indicate natne of person or entity which the indorsernent Pam is representing,the title of and in what
capacity the ind*rsement party is indorsing this instrument and the location address of the represented person or entity and of the
indorsernent party,evidence of declared solvent status of person/s or entitybes in the form of the 1099 OID IRS Tax Farm;the Voucher for
the A nessment of Account/Case No206041-7;DA NO.X 02 000373-1 and the indemnity bond of said entity/its pursuant to federal Public
Poky of HJR 192ofjune 5,1913 2ndP.L.71-10 and the Article VI fidelity oath and Article XX section 3state oath of office)
I will pay this promissory note when the"lawU moneys of account,"i.e.specie at a"fixed"value and standard
"payable to the bearer on demand"and"redeem-able"in"'gold and saver""coin"becomes available as defined in article
1, section 10 of the Constitution of the United States for the united States of America, which is binding upon this
tribunal pursuant to article 1,section 26 of the California Constitution;Article TV sections 34-36 of the 1849 California
Constitution;Title 31 U.S.C.sections 311&371-Jide 32U-S,C.section 152;California Code of Civil Procedure section
676.4,995,710(a); Civil Code section 1478;Corporation Code section 107;Penal Code section 648and the April 2,1792
Mint&Coinage Act so that I can"pay"this alleged bail at law and NOT merely discharge the ol5ligation to pay it in
worthless securities or other debt instruments as described in In ternal Revenue Code sections 165(g),and 1275. See
QR1ori 2 Bav.L4ghttgdy -An x,Butner,,3 Wend. 101,ESk283 US 140,HShMringv-Pace,309 US 409,Greg�ogjy
v. H-elyySLing,293 US 465,PulaaM v. !QoMMrs7)
,oiongr,,352U.S.82(1956)Xi:Uiamsv.Co-mmio-sioner,(197 429
U.S. 5613,
Until then, I am without a possible means of remedy to comply with the bad mandate, thus, I respectfully
demand that a California Constitution Article VI tribunal of competent power exercising jurisdiction of a strictly
"judicial character" and operating within the geographic venue of Contra Costa County is convened to execute in
immediate order releasing Me on My Own Rtcognizarict pending a judicial determination of the date whereby the
herein described "lawful moneys of account," i.e. specie at a "fixed" value and standard "payable to the bearer on
demand"and"redeemable"in"gold and saver""coin"becomes available in light of the principle of inability to perform
by Act of Congress and the further principle recognized under your own Civil Code section 3531 that:"The law never
requires impossibilities."
This note is a negotiable instmment and redeemable at full face valut in like kind when presented to Issuer at his stated Location pursuant to the terms
and conditions hervin 4tteribed after said judicial determiftation is rendered regarding said*Obje"o(payMCOL
See UCC%S304(a),M03,3$011 sacS W164,Hylt 192
Sq"/—C1061-A
PROPOSED ORDER OF ACCEPTANCE OF
........................
..............................................................................................................................................................................................................
................
California Uniform Commercial Code S 3603(a)(b) Promissory Note
Tendered for$5,000,000.00 CASH ONLY BAIL
and
ORDER OF RELEASE FROM CUSTODY
SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA, a public agency
regarding the matter of:
THE PEOPLE OF THE STATE OF CALIFORNIA v. RICHARD HARRY PETERSONO,et at.
Account/Case/Cause Number,206941-7;DA NO.X 02 000373-1
Offender RICHARD HARRY PETERSON®through its Authorized Representative, Richard Harry:
Petersone tendered an instrument tided: California Uniform Commercial Code S 3603(a)(b)
Promissory Note Tendered for$5,000,000.00 CASH ONLY BAIL for the posted bail amount ordered
by this court to obtain release from physical restraint of liberty ordered by this court.
Pursuant to the terms and conditions of the Promissory Note tendered by the Offender and premises
considered, and good cause appearing,
IT IS ORDERED that said Promissory Note tendered by the Offender is accepted by this court for the
full discharge of the court ordered bail amount of$5,000,000.00 pursuant to the mandate of existing
federal public policy.
IT IS FURTHER ORDERED that the Offender's Authorized Representative, Richard Harry: Peterson
is hereby released from the court ordered custody inunediately.
Date.,January A.D. 2002
Judge of Superior Court of California,
County of Contra Costa, a Public Agency
......................
AFFIDAVIT OF SERVICE
State of California
County of Contra Costa
I am over 18 years of age and not a party to the within action;my business address is.
Heinz Hofinann
1330 N. Broadway, Suite 200H
Walnut Creek, California
On the 3'day of January A.D. 20021 personally served one copy of the following regarding
Account/Case/Cause Number:2061941-7;DA NO.X 02 000373-1 to:
MANDATORY JUDICIAL NOTICE OF DELIVERY OF UCC S 3603(a)TENDER OF
PAYMENT DISCHARGING AT LAW COURT ORDERED$6,000,000.00 CASH BAIL;
California Uniform Commercial Code S 3603(a)(b) Promissory Note Tendered for
55100000001100 CASH ONLY B414
ORDER OF ACCEPTANCE OF California Uniform Commercial Code S 3603(a)(b)
Promissory Note Tendered for$5,000,000.00 CASH ONLY BAIL and ORDER OF
RELEASE FROM CUSTODY
a total of three (3) pages personally served herewith, including all attachments (not including this
Affidavit of Service) on KIRK ANDRUS as follows.-
KIRK ANDRUS,asst. District Attorney
DISTRICT ATTORNEY OF COUNTY OF CONTRA COSTA.
649 MAIN STREET
Martinez,CA
I declare under penalty of pe4ury under the laws of the State of California that the above is true,
correct, and complete,and that this Affidavit of Service was executed on January 1,A.D. 2002 at
Walnut Creek, California.
Procesi
_ ...
3.
Richard Harry. Petersonta
c/o non-domestic
4473 Silverberry Court; near.
Concord,California KIM .x"
925-825-1413
THE STATE BAR OF CALIFORNIA
(a STATE OF CALIFORNIA public corporation)
currently d b.a. Foreign Trade Zona
THE SUPERIOR COUNT OF CALIFORNIA,COUNTY OF CONTRA COSTA
(a fictitious business/a public agency per GC §53051 operating in a FOREIGN TRADE ZONE)
THE PEOPLE OF STATE OF CALIFORNIA NO. 206941-7
(a public corporation per GC §6300) DA NO. X 02 000373-1
plaintiff, {UCC S 31,04(a)(b)(c)(d)
AS AN OFFER OFF PROOF Ev. C
vs. WITH TENSJER.OF PAYMENT
AND NOTICE OF $5,000,000.00 BAIL
RICHARD HARRY PETERSONo,et al., BEING DISCHARGED AT LAW
Offender. Ev. C S 451 Mandatory judicial Notice that a
FEDERAL RESERVE NOTE I5 NOT A
NEGOTIABLE INSTRUMENT
PURSUANT TO ARTICLE 3 OF UCC
WITH UCC§3603(a)TENDER OF
PAYMENT&UCC S 3603(b)DISHONOR
AND NOTICE OF DISCHARGE of
$5,000,00.00 bail-Tick 18 U.S.C.''S 8
UCC'S 3603(b)DISHONOR AND NOTICE OF DISCI-TARGE of$5,040,000.00 bail-Tide 18
U.S.C.S 8 ILLEGAL$5,000,000,00 CASH BAIT DEMAND
Now Carnes,'RICHARD HARRY PETERSON* through its Authorized Representative,
Richard Harry; Peterson by special appearance and not generally pursuant to Hauist+es Y. Bernet,434
U.S. 519(1972)and petition this court to take mandatory judicial notice of the fact that a FEDERAL
RESERVE NOTE which by Title.18 U.S.C.Section 8 is defined in law to be an"OBLIGATION"of
the United States is NOT in fact or lacy a Negotiable Instrument pursuant to axticle 3 of the Uniform
Cor=ercial Code,and therefore I cannot" a iat 'the alleged$5,000,000.00 CASH ONLY BAIL
in the amount'demanded by Plaintiff with another instrument of"&&' or "b . 'fig" on the
following authorities:
I of 10
Hemmom ofLam in 5mvwa
A. The Promissory Note is a Negotiable Instrument Pursuant to Article 3 of the Unifonnn
Cotoerciatl Came And Stands Alone as on Unconditional Obligation to Pay
Article 3 of the Uniform Commercial Code sec forth rhe Requisite form of negotiable instruments. It
states:
Any writing to be a negotiable instrument within this article must:
(a)Except as provided in subdivisions(c)and(d),"negotiable instrument"means an unconditional
promise or order to pay a Bred amount of money,with oz without interest or other charges described
in the promise or order,if it is all of the following.
(1)Is payable to bearer or to order at the time it is issued or first comes into possession of a'holder.
(2)Is payable on demand or at a definite time.
(3)Does not state any ether undertaking or instruction by the person promising or ordering payment
to do any act in addition to the payment of money,but the promise or order may contain(i) an
undertaking or power to give,maintain,or protect collateral to secure payment,(ii)an authorization or
power to the holier to confess judgment or realize on or dispose of collateral,or(iii)a waiver of the
benefit of any law intended for the advantage or protection of an obligor.
UCC §3104(a)(b)(c)(d). The Section indicates father that-a writing which complies with rhe
requirements of this section is a"NOTE"if it is a promise other than a certificate of deposit.
Here the promissory nate previously tendered as payment pursuant to UCC § 3603(a)complies with
the requisites of negotiability and is therefore a negotiable instrument arta an unconditional promise
to pay, whereas "FEDERAL RESERVE NOTES"violates subsection (b) and(c) and therefore
does NOT meet the,requirements of this section and is NOT a"nate,"in fact and law, thereby
making it an impossibility to pay the alleged bail amount debt"at law."
Therefore,it follows that[Federal Reserve] "Notes are not payment."t WMWy. Qum. Jut.
, (197 429 U.S. 569,and,
The individual cannot be compelled to use`federal money,' nor federal negotiable instruments,
Federal Notes (Sw ore v Ftaj=,248'F.Supp. 364) the federal reserve being a private corporation
( wis v.�CT,S. 680 F. 2d 1`238 at 1241)which is engaged in commercial activity by law of merchants
(UCC § 1103),and,
Money, In usual and ordinary acceptance it means gold,silver,or paper money used as circulating
medium of exchange and does not embrace notes,bonds,evidences of debts,or other personal or real
estate; Lane v.R.ailey,280 Ky, 319,133 S.W.2d 74,79,81, B12cks 4'Revised Edition.
I know or should kww that the United States ggaver trent does trot issue paper
WOVey, dwtel`iy nrgAwefr ijRr ssible ro pv the dewimded cash hurl'amount at late.
I know or should:kvow that the Federal Reserve issues paper money, and ioaos it to
the United States Government, theteby tngk4 it art imposs bth`ty to pay the
demanded cash Mill amount at]a w.
"Due process of law does not mean a statute passed for the purpose of working a wrong." Cooley,
2ofl0
Constitutiaual Limitations(1"ed.),p. 353. These words are held to be synonymous with the words
"law of the land." Ibid. P. 352,and this means-"General public law shading upon all the members of
the community under all circumstances,and not parallel or private laws,affecting the rights of private
individuals or classes of individuals. Mfttt vt4F <117 ill.297(7 N.E.631,57 Am,Rep.869)."
Har is v.Moat,18 Wash.537,at 595(February 15,1898)
Tide 31 U.S.C.section 37t-
`f1w money of-account of the United States shall be expressed in dollars or units,dimes or tenths,
cents or hundredth part of a dollar,and all proceedings in the courts shag be kept and had in
conformity to this regulation,":And;
Title 31 U.S.C.section 311:
"It is declared to be the policy of the United States to continue the use of both gold and silver as
standard money. ..."31 U.S.C.311.
The "VALID '1849 Constitution for the State of California Article IV sections 34, 35 and 37 as
approved and ordered to be published by Act of Congress entitled,"Act for the Admission of the
State of California into the Union" Approved September 9, 1850 as detailed in Volume 9, page 452
of the Statutes at Large,reads;
Sec. 34. The legislature shall have no power to pass any act gmndng any charter for banking
purposes:but associations may be formed,under general laws,for the deposit of gold and silver,but
no such association shall snake,issue,or put into circulation,any bill,check,ticket,certificate,
promissory note,or other paper,or the paper of any bank,to circulate as money.
Sec.35. The legislature of this state shall prohibit,by law,any parson or persons,association,
company at corporation from exercising the pri
t _ _ _
court;ju„t. 1fikj1U1kMAOd1 fa Ik r`0k bail Aawuo,demanded by counsel for Plaintiff
requested in Federal Reserve Notes which are the obligations of the United Mates pursuant to Title
18 U.S.C. Section 8and House joint Resolution 192 of June 5, 1933 in light of Article I Section 10
of the Constitution of the United States for the united states of.America,as it pertains to the subject
of tender of obl*tions in payment of debt which has become an impossibility in law due to the
federal public policy of HJR 192 and P.L. 73-10. As such the court is required to take judicial notice
of your own privately copyrighted Code of Civil Procedure § 1897 and Civil Cade § 3531, to wit
CCP§1597. Constitution and statutes
The organic law is the constitution of government,and is altogether written.Other written laws are
denominated statutes:The written law of this State is therefore contained in its Constitution and
statutes,and in the Constitution and statutes of the United States.
CC f3 3531. Impossibilities
The law never requires impossibilities.
Court is mandated to construe a statute or contract consistent with its written terms.
Code Civ.Proc.,§1858(in construing statute,judge is to simply ascertain and declare terms or
substance,and not insert what has been omitted and omit what has been inserted),and Code Civ,
Proc.,SI g59(;pursuit of intention of Legislature"if possible'),could easily collidt were it not for those
two words"if possible in Code Civ.Proc.,§1859. By putting those escape wends untie"intent"
statute rather than the other statute,it appears that inescapably plain text should prevail. Thus,plain
text will prevail except for scrivener's errots,absurd results,and results at odds with the unmistakable
or clear intent of the Legislature. 'Therefore,when construing statutes,courts should start with the
actual''language of the statute,and if the text is clear as applied to a given case and does not fall within
any of the exceptions,stop there. I.A lune&Cor:stc Gov `ocCotr*t(19x34,4th Dist)27 Cal
App 4th 1568,33 Cal R,ptr 2d 206.
CCP 51858.Construction of statutes and instruments;General rule
In the construction of a statute or instrument,the offte of the judge is sianply to ascertain and declare
what is in terms or in substance contained therein,not to insert what has been:omitted,or to oniit
what Inas beets,inserted;and where theft are several provisions or patticul"s,such a construction is,if
possible,to be adopted as will give effect to all.
"Priem to the economic depression of the 1930'x,gold clauses were popularly used in contracts as a
crude price-indexing mechanism to adjust for inflation.(;�.aC ,y DM H2MM •IV&
(W.D.Wush. 1986)646 F.Supp.946,948.)Cold clauses operated by mandating payment m gold coin
or itsequivalent,or by q*the dollar amount due raider a contract(t.g.,monthly rent due under a
lease)to the price of gold.Obid.)
in 1933,however,in the midst of the Great Depression,a joint resolution of Congress invalidated all
gold clauses and provided that"dollar for dollar"payments in United States currency would discharge
any obligation which had required payment in gold.(KjAes.No. 192,73d Cong., 1st Secs. (June 5,
1933)ch. 48,48 Stat. 112,113(formerly codified at 31 U.S.C.S 463).) 1 Also as a monetary reform
measure,Congress banned the private ownership of gold from 1934 until the repeal of such legislation
in 1973.(Tay Corp,v`M14s,Fsal bak v bank 9f Amx a(1995)32 CA.AppAth 424,page
4291BAT.Holdings I,Inc.,supra,6461".Supp.at p.949.)However,Congress did not address the 1933
Point resolution which invalidated gold clauses in contracts until October 28,1977,when it amended
the law to provide that the joint resolution"small not apply to obligations issued on or after the date of
enactment of this section:"(Pub.L.No.95-147(Oct 28, 1977)§4(e) 91 Stat. 1229,former 31 U.S.C.
§463 rnotc;hereinafter referred to its the 1977 amendment.)The current version of tins,enactment
provides as follows:"An obligation issued containing a gold clause or governed by a gold clause is
discharged on payment(dollar for dollar)in United States coin or currency that is legal tender at the
4of10
....... .......
time of payment.This paragraph sines not apply to an obligation issued after October 27,1977."
(Pub.L.No.97.256(Sept. 13, 1982)%Scat.985,31 U.S.C.§5118(d)(2).)Accordingly.gly,"obligations
covered by gold clauses prior to 1977 are,as before,dischargeable dollar for dollar with United States
currency.AM Ugk&gdea&AUgg Afte QeMkt a LM&So to&Wkd"`(Fay Corp.v.BAT
Holdings I,Inc.,supra,646 F.Supp,at p.948,fa,ornitted.)" -_Wglk f&M Ankv:Oak of AMjdg
(1945)32 Cal.App.4th 424,38 CsLRptr¢2d 521 Emphasis mine.
"The terms lawful money aad lawful money'of the United States shall be construed to mean gold or
silver coin of the United States." 12 U.S.C.§ 152.';Also jagdg v.Tenure,Pa.5 Pus, 366,404;Igagbg
v., wean ;47 Wis.5:51 (1879),Lg=1�,#1�#k0hee, 16 Tena.242(1835).And
souviee°s Law Dictionary of 1856 defines;
UC)LLAI2. money.A silver coin of the United States of the value of one hundred cents,or tenth part
of an emit;
2.It weighs four hundred and twelve and a half grains.Of oat thousand parts,nine hundred are of
pure silver and one hundred of alloy.Act of)aouary 18,1837,ss.8&9.4 Sharsw.Cont.of Story's L.
U.S.2523,4;Wright,R. 162.And,
UCC�31£17. Instrument payable in foreign money
Unless the instrument otherwise provides,an instrument that states the amount in foreign
money may be paid in the foreign stoney or in an equivalent amount in dollars calculated by using the
current bank-afford spat rate at the place of payment for the purchase of dollars on the clay on which
the'instrument is paid. Added Stats 1992 eh 914§6(SB 833).
The Record will clearly,show that I have previously executed on.January 3',A.D.2002 and
subsequently"TENDERED"into Account/CaseNo. 206941-7 •DA NO. X 02 000373-1-New #
030031-9 a "Promissory Note*"as"'posted bail"in like form-tried substance of account,at parr in
"Paper& Ink," in exactly the same farm and substance of account ars a'FEDER.AL RESERVE
NOTE," ie. "Paper& Iak."
I DO NOT AGREE TO THE COMPELLED OR FORCED USE OF
FEDERAL RESERVE NOTES IN VIOLATION OF CCP§616.4
CCP S 676.4. Proper money of claim
(a)The money in which the patties to a<transaction HAVE AGREED that payment is to be
made,is the proper money of the cUim for pent.
(15)If the parties to;a transaction have not otherwise agreed,the proper money of the claimer as in each
case may be appropriate,is one of the fallowing:
(1)The money regularly used between the parties as a matter of usage or cause of<dealing.
(2)The money used at the time of a transaction is'international trait,by trade usage or common
practice,for valuing or settling ttmuctioris in the Particular commodity or service involved.
(3)*Me money in which tete toss was ultimaitely felt or will be incurred by the party claimant.
Addled Stats 1991 ch 932§1 (AH 1646)
The definition of instrument in Section 3-104 rNuires that the promise or order be payable i
"money." Section 3-107 states than an instrument payable in foreign money may be paid in dollars
if the instrument does not prohibit it. Absent a legal tender,no'damages, fuzes,bails,penalties,
license fees, business occupation or privilege taxes, retail sales taxes,child support,awards,
assessmeats,court costs,appellate bands,ga mishments of ravages,batik accounts,or rather property
can be extracted as only"LEGAL TEND W'can btz compelled to use.
Further, your private copyrighted Penal Code S 648 provides: "Every person who makes, issues, or
5of10
Plats in circulation any bill, check,ticket,certificate, promissory note,or the paper of any bank to
circulate as money, except as authorized by the laws of the United States,for the first offense,is
guilty of a misdemeanor,and for each and every subsequent offense,is guilty of felony."
JhffQ%1L1BLL1TY QN ME11 The bail amount ordered
by this court to obtain my liberty from restraint is impossible to meet by Act of Congress [HJR 1921
and THIS MJRT MMS.M It is further +art" to your own CaliforniaConstitution at
Article I Section 12.6ag. rrc AoMa ptroWb titre! 'I do NOT have any'MONEYS QE
A C,fQUbM as defined by "law,' and if this court keeps me in jail under such impossible foregoing
circumstances,this court will place'a burden upon the greater than no man can maintain and further
will have prevented me from the exercising my tight to life,liberty and the pursuit of happiness and
further deny tyre a fundamental guarantee to a right to a remedy contrary to your own Civil Code§
3523.
CC§3523. Remedies
For every wrong there is a remedy.
Lana is dedicated to proposition that for every wrong there is a remedy,and for sake of protecting one
patty it must not close forum to the other,it will hear both and seek to judge the cause by standards
fair to both. DtagX v Wilder(1956)46 C2d 715,299 Ptd 257,
"1t being impossible to obtain the remedy sought,the state and their agencies/municipalities being
impotent to enforce their judgemewts/decrees and thus should not even exercise their otherwise
`general'jurisdiction"L&uJ*iaraa`v.NAL. 106 La.621,And;
"Mere equity is impotent to correct the defect." McGraw v. rrner.%Md 489. And;
"A law which restricts their power to render and enforce a judgment is therefore a limitation upon the
exercise of jurisdiction,and a law which destroys or impairs the effect which their judgments without
such law would have,is equally so." Vg_rjhrce v,Beecher.2 Tex.Civ.App,29,31. Anal;
"Unable to`comply"'31 ALR 6351,And;
"...to comply is impossible,made so by the Whine of the state in its constitutional duty,U.S.Const.
1.1O.1,the remedy testing in the hands of the state." Bk figsaft v 167 P.241.
"Acts of Congress awaking notes of the United States it legal tender do not apply to voluntary
contributions in the nature of taxes,fines,asseuments,debts exacted under State Laws." Hagar v.
Land Reclamation, 1 i 1 US 7011 (Nfiy 5,1884),And;
"United States Notes ate engagements to pay dollars and the dollars intended were coined dollars of
the United States." $ink tar N.Y v ew Y Lk CRt uuty 7 Wall(U.S.)26.And;
"The Legal Tender Act`is riot an attempt to coin money out of valueless;material,like the coinage of
leather or ivory or kowrie shells.>It is a pledge of the national credit,it is a promise by the goveament
to pay dollars. it is not an attempt to malite dollars. The standard of value is not changed." lay.
L te, 12 Wall 552,@ 560.And;
"Bank-mates are the representative of ma=tey,and circulate as such,only by the general
consent and usage of the community. But this consent acid usage are based on the convertibility of
such antes into coin,as the pleasure of the holder,upon'their presentation to the bank for
redemption. This fact is the vital principle which sustains their character as money. So long as they
are in fact what they,purport to be,PAYABLE ON DEMAND?,common CONSENT gives them the
6 of 10
.......................................................................................................................................................................................................................
ordinary attzibutes of money. But upon the failure of the bank by which they were issued,when its
doors are closed,and its inability to redeem its bills is openly*vowed,they instantly lose the character
of mooty,their circulation as currency ceases with the usage and consent upon which it rested,and
the notes become the mete dishonored and depreciated EVIDENCES OF DEBT. When this change
in their character takes place,the loss must necessarily fall upon him who is the owner of them at the
ame;land this,too whether be is unaware of the fact. His;ignorance of the fact can give him no right
to throw the loss,which he his already incurred,upon in innocent third party.
In the absence of any special agreement,the very offer of bank-notes,as a payment in
money,of a pre-existing debt,is a representation that such notes are what they purport to be,the
representative of money,and that they have the quality of convertibility,upon which their currency as
money depends. It is only upon this idea that they can be honestly tendered as money,and when
accepted as such,under the same supposition,the mutual'mistake of facts should no more be
pttrr."ed to benefit one party or prejudice the other,than if the notes had been spurious,or the
payment had been spurious,or the payment had been made in base or adulterated'coin. That money
paid under a mistake of facts,may be recovered back,is a familiar principle,and the application of the
same equitable rule must be permitted to correct the mutual mistake of the parties in 2 case like the
present. Besides,a contrary doctrine would present temptations,and afford facilities for the practice
of fraud and impossibilities, A party might fraudulently pass the paper of a broken bank,and yet it
might be difficult to prove his knowledge of the previous failure. Or if his victim should succeed in
passing it to one equally ignorant of the facts with bimselC the last recipient would be left to bear the
loss,and the fraud crowned with success." W _&CO. N
Sst(W,SMCB�LM L MCH Amhj, 10 Ohio
188, 191, 192,75 Am.Dec.509(1859),And;
1, Richard Harry. Petersono,do NOT Y01jaM R to pay you Federal Reserve Notes as they
are bank notes only and NOT the lawful money of account,redeemable and payable to the beater
on demand.
Since CCP§ 676.4(a) requires that I AfZRE-E to the use of Federal Reserve Notes, the Plaintiff has
Failed to State a Claim upon which relief can be granted pursuant to the Fact that I OBJECT to the
compelled use of Federal Reserve Notes pursuant to UCC 5 3107. Federal Reserve Notes are NOT
in fact and law MONEY, nor are they NOTES as that are NOT PAYABLE TO THE BEARER
ON DEMAND,NOR ARE THEY REDEEMABLE IN GOLD&SILVER COIN AS
REQUIRED BY THE VALID CONSTITUTION FOR STATE OF CALIFORNIA OF 1949
WHICH WAS APPROVED BY THE UNITED STATES CONGRESS ON SEPTEMBER 9,
1850 AS EVIDENT BY THE ACT OF CONGRESS FOR THE ADMISSION OF THE STATE
OF CALIFORNIA INTO THE UNION WHICH IS FOUND IN VOLUME 9 OF UNITED
STATES STATUTES AT LARGE BEGINNING ON PAGE 452, And;
CCP§676.4.Proper money of claim
(a)The money in which the parties to a tmns*ction HAVE AGREED that payment is to be
made is the proper money of the chkins for p"ent.
I DO NOT CONSENT,VOLUNTEER OR AGREE TO THE FORCED USE OF OR
THE COMPELLED USE OF FEDERAL RESERVE NOTES!
'U I Dan.Neg. Inst.(6'Ed.)Section 87,the author says.
When the terra`Jollars'is used in any security for money given in any of the United States,it is
understood to mean dollars'of IcgW money of the United States, and extraneous evidence will not be
pem-xitted as a genexal rule to give it a different sigoificatiom"
See,also,the authosities cited,supra. In QLrWt v.AMyM it is said;
Bank notes constitute a Inge and convenient part of the currency of our country,and by common
7 of 10
consent.serve to a great extent all the purposes of coin. In themselves they are not money,for they
are nota a legal tender,sand yet they arae*good mender, unless specifically objected to as being
nates merely,send not money. Wkt v:RM 1 Burr.457,Btu gE Uglad.Statcy v Sgt
Qso�, 10 Wheat 333;Handy v,Dobbin,12 Johns.220,RxiSkv,RjjL4 3 Term R.554: "Mey
subserve the purposes of money in the ordinary business of life,by the murual consent(express or
implied)of die parties to a contract,arnd not by the binding fence of any common usage;for the party
to whom they my be tendered has so undoubted tight to aefuse accepting there as money." Vick V.
R2NMd 136 S.E. 101; 116 S.E.465,468 Bch 15, 1923)And;
The Clearfield Doctrine, as set forth in Qc&&1d Tnist'"CQ. y. 114itt d States, 318 U.S. 363-371,
states:
"The United States,as drawee ofcommercial paper,stands irk no different light than any other
drawee. As staged in V_xliMd AM yr NI11t"fA4A& +€.+ 13 270 U.S,527,(tat 534,"'The United
States does business on business terms." 1t,is not excepted from the general rules governing the-rights
and duties of drawets"by the largeness of its deabngs and its having to employ agents to do what if
done by a principal in person would leave no room`for doubt."
Unimd 5Afts v.Emu comepAi2s 528 U.S.,839(1996).citing<Ck3ffis)A Trust ,V.Uuitcd
%a-lm 318 U.S.363,GO>369(1943)(("`The United States does business on business terms""')
(quoting U v 270 U.&527,GO>534(1926));
Pe,m v.Ugillo,allSis.294 U.S.MO a@ 352(1935){''When the United States,with constitutional
authority,makes contracts,it has rights and incurs responsibilities similar to those of individuals who
are;parties to such insUUMCM5. There is net difference...except that the United States cannot be
sued without its consent")(citation ornitted);Ugil d JUM v,Rog 94 U.S.53,66(1877)("The
United States,when they contract with their citizens,stre cattvoiled by the same laws thorgovern
the;>cidiev to that"beha, ;C,,, g v.)Jakw4 51Mg 91 U.S.389,34$(1875)(explaittixng that wheaor
the,Vnited Statex "comes down Roan its posidon ofarovena*ty,*and esters the doaansiaa of
cour,meme,it submits itseYto the same alar diergoveta iax&viduxls rhei+c"). Emphasis added
"Governments descend to the level of mere private corporation,and take on the characteristics of a
mere private citizen where private corpotate commercial paper(Fideral Reserve Notes)and stcutit es
(checks)is concerned.—For purposes of suit,such corporations and individuab are regarded as
entities entirely separate from government." Bank of Ups %d t v 9knitCs>A 9 Wheaton
(22 U.S.)904,6 L Ed.24;U,%v.l tett 309 U.S.242;In fikg-&MrrQ,1971,444 F. 2d 722,
732, And;
See also 22 U.S.0 Q 286(e),the real party in interest is not the de jure"United States of America" or
"State,"but"The Bank"and"Me Fuad-"i22 U.S.C. 286,et.seq.Q.R.S.11-60-1(33).
"Governments lose their immunity and descend to levet of private corporations when involved in
comttmetcral activity enforcing negotiable instruments,as in fines,penalties,assessments,bails,taxes,
theremedy lies in the hand of the state and its municipslities seeking remedy."NO,Qmndtvt€}arize,
167 P. 244. And,
"Governments are corporations." blAM y D-*41m 3 Dam 55. And;
Private corporations and their officers are not irrunune from civil damages.
"The pri nncipals of estoppel apply against the state as well as individuals."(Cal v.5itms.32 Cad. 468).
And;
8 of 10
^ �
�
1,judge DIANA BECTON SMITH,of the federal Public Agency,Superior Court of
California,County of Contra Costa,EIN 68-W4744 established under Government Code§ 53050-
53051,having taken oaths as an Attorney pursuant to Business&Profession Code§6067 and as a
judge pursuant to Article XX Section 3 of the California Constitution,know or should have known
that Federal Reserve Notes are not the'lawful money of the account of the United States,"as the
term applies in the code and Federal Reserve Notes are not specific-Ay described in the code,
be"use it makes no promise to pay money to the bearer on demand as required by Article 3 of the
Uniform Commercial Code and more specifically as stated in Title 12 U.S.C. § 411, to wit-
"Federal reserve notes,to be issued at the discretion of the FedeW Reserve Board fBoard of
Governors of the Federal Reserve Systeral for the purpose of maldog advance,to Federal reserve
banks through the Federal reserve agents as hervinafter set forth and for no other putpose,are hereby
national and member banits and FedeM reserve banks and for all uxes,customs,and other public
ban4" Emphasis added.
Further tender
UCC S 3603.Tender of payment
(2)If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce
the instrument,the effect of tender is governed by principles of law applicable to tender of payment
under a simple oona-Att.
(b)If tender of payment of an obligation to pay an insmumnt is made to aperson entitled to enforce
the instrument and the tender is refused,there is discharge,to the extent of the amount of the terider,
of the obligation of an indotser or accommotistion party having a right of recourse with respect to the
obligation to wttich the tend"relates.
1,judge DIANA BECTON SMITH,of said Public Ageacy,Superior Court of California,
County of Contra Costa, having taken oaths as-in Attorney pursuant to Business & Profession Code
§6067 and as a Judge pursuant to Article XX Section 3 of the Cali&mia Constitution,know or
should know that only a court of record created by the Constitution . . , UWkiian Q1 a
stdc*W&W r. his authority to fine or imprison,and that the legislatme for the State of
California gW�Lhn ft au*ad to create"inferior courts"and that it has no power to make
'Inferior Superior Court"courts of record,'i.t-Superior Court of California,County of Contra
Costa,2Public Agency,and that there is a*contract with the voluntary bona fide signature that
binds the Offender to a voluntary offer of tender in this case,and that the below named Offender
willingly nukes the offer under a condition of mixed war,duress,and in the name of peace.
I,judge DIANA BECTON SMITH,of said Public Agency,Supeiior Court of CaUoraia,
County of Contra Costa,having previously taken oaths as in Attorney pursuant to Business&
Profession Code %6067,6068(a)and as a judge pursuant to Article XX Section 3 of the Califo
Constitution swear or affirm that I do not have-a coaffict of interest in light of the Trial Court
Funding Act (Assembly Bill 233),membership in the Public Corporation State Bar of California,in
addition to the duality of office prohibition of Article VII Section 7 of the California Constitution
that would prohibit me from rending an impartial judicial determination regarding this instant
promissory note presentment by the Offender's authorized representative to obtain the Offender's
release from physical custody.
9 of 10
1,judge DIANA BECTON SMITH,of said Public Agency,Superior Court of California,
County of Contra Costa,baying previously taken oaths as an.Attorney pursuant to Business&
Profession Cade%6067,6058(a) and as a Judge pursuant to Article XX Section 3 of the California
Constitution pursuant to Title 42 U.S.C. § 19816, admit that I am
an unregisteredForeign Agent as defm►ed and described at Tick 22 U.S.C. §,611 et>seq., and that
have not'filed with the United States Attorney General a true,correct and complete Form Agent
registration statement and supplements thereto as required by subsections (a) and (b)of Title 22
U.S.C. 612 do now,by authority of this court of record in perjury of my Caths of Office to the State
and Federal Constitution,by advancing the policy and agenda of foreign principals,make Written
demand,that the below named Offender,RICHARD HARRY PETER.SONo make payment or
tender in Federal Reserve Nates in the amount specified below regarding bail amount in
Account/Case#206941-7-DA NO.X 02 000373-1-new#030031-9,1 know that refusal to sign
this demand is a refusal to accept the debt payment tendered,and therefore I acknowledge that l
have discharged the demanded Bail Amount listed below pursuant to the authority of CCP 5 2074,§
2076, UCC § 3603(b) by refusing to sign acknowledgment of receipt of this UCC§ 3603(a) tender of
payment of court ordered bail amount,as such the named Offender is hereby released from custody
by operation of 12-,V.
AMOUNT FOR BAIL: $5,000,000.00 Date: February 14`r',A.D. 2003
Offender. RICHARD HARRY PETERSON* OFFICER-
Warne; RICI 1.Al2D L R R tt Y PETER N!Q Name:
Location c/2 4473atx!QQU Address:
City: City: MARTINEZ
County: _Con_gLa C21M _-- County: CONTRA COSTA
Venue: altfgau l ubhg Venue: STATE OF CALIFORNIA
Office:
Signature:
Witness: (print) Richard Harry. Petersono
Witness., (print)Benjamin:McNutt
Witne `• (print) Harry Charles:'Sweet,Jr.
Municipal Court Judge Latey Mortix,City of Spearville,Kiwis reads persoas before him tbeu"money rights"for the
payment of 6nes and assessments imposedby him on his judgment. "It's the gumntee that they are exempt from
having to pay the surra ging demanded. If Congress wogs t keep its pain of the Constitutional bargain and coin
money in gold and silver lice Art.1,sect ou S,Clause 5 commands,there is no gray my court can require
anyone to pay dines. It if clear by A7rt.1 section 10 of the United Mates Constitution and by'Tide 31 section 371 of the
United States Code that this court can only make gold and silver coin a tender in payment of debts. However,this court
wiH accept other fauns of money such as Federal Reserve Notes o,r'personal check if voluntarily tendered. F
jut
gasn't tee:arivbodv gas is Vanier" (Emphasis Added)
Richard Harry. Petersono,.Authorized Representative Dated: February 14',A.D. 2002
925-825-1413 commonLa.copyrighto
10 of 10
33 CLAIM
Bt3AF SUPER S RS F 11 RAC SACC} T Y
BBOARD ACTION: r MARCH 25, .L003
w�+rrw...
Claim Against the County, or District Governed by )
the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to } The copy of this document mailed to you is your
California Government Codes. } notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
Jjr� 915.4. Please note all"Warnings".
AMOUNT: $1,5 0,000. FEB2 5 2003
CLAIMANT: .EDWARD L. TURNER COUNTY COUNSEL
MARTINEZ CALIF.
ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 25, 2003
ADDRESS: M. D F. C, -MODULE, ROOM 11 BY DELIVERY TO CLERK.ON: FEBRUARY 25 2003
901 COURT STREET,
MARTINEZ, CA 94553 BY MAIL POSTMARKED: FEU,11ARY 24, 2QQ3
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim,
JOIN SWEETEN, Cle
Dated: FEBRUARY 25, 2003 By: Deputy
H. FRONT. County Counsel TO Clerk of the Board of Supervisors
Vhis claim complies substantially with Sections 910 and 910.2.
{ ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant.The
Board cannot act for 15 days(Section 910.8).
( ) Claim is not timely filed. The Clerk should return cla m on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
{ } Other:
Dated: -2 2-&`"4-1 By:` r - �.: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
{ ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER': By unanimous vote of the Supervisors present:
(X) This Claim is rejected in,full.
{ ) Otl r:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: MARCH 25, 2003 JOIN"SWEETEN, CLERK,By ,Deputy Clerk
WARNING (Gov. code section 9 3)
Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited
in the mil to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now,and at all times herein mentioned, have been a citizen of the United
States,over age 18 and that today I deposited in the United States Postal Service in Martinez, California,postage fully
prepaid a certified copy of this Board Order and Notice to Claimant,addressed to the claimant as shown above.
Dated:: MARCH 26, 2003 JOHN SWEETEN, CLERIC'.By Deputy Clerk
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
i
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 100'h day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Cade 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building, 651 Pine Street,Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District sh:uld be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Fir ud. 'See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
}
RECEIVED
Against the County of Contra Costa or } FEB(Fill in name} } CLERCONTRA�C
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of nd in support of this claim represents as follows:
1. When/did
�the
}damage or injury occur? (Give exact date and hour) y
> y
O' 3,:,:.' �>}`�.gv� -� � 'w, Ck� 2.,,aid :{: � 'yq '. '3/.° •':,'��r .{
2. Where did the damage or injury occur?(Include city and county) XX
A !
3. How did the damage or injury occur' (Give full details;use extra paper if required) y
AlJ !!
� : b.�4w•.. -
A5f 41V Cam
- ' ' ►� :
ale AV go
4., What particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damage?
�N }r
K' �4 i �. '14...
S. What are the names of ebunty oar flistrrct officers, idVants, or employees causing the damage or injury?
�F:
.. o� f/
6. What damage or injunes da ydu clairrt resulted? (Give frill event of injuries or damages claimed. Attach
two estimates for auto damage.)
"' YeeP'' .�'� ? '' /'.fi� .�.: 9'�;�`. s��.} '-�� x`� J?� �#`' � '.�w �•.2�'^`d`"�x.. >�a;:Y �'.�'!. .w' ��:
7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or
damage.)
r
8. Names and addresses of witnesses, doctors, and hospitals.
42)
a "s� �
12
9. List the expenditures you mace on �:e this acc or injury.
DATE TVAE AMvN_T
e . Y .. ` .
Gov. Code Sec. 910.2 provides"The claim must be
signed by the claimant or by some person on his behalf."
SEND NOTICES TO: JAgnpMgy
Name and Address of Attorney
s
)' (Claimant's Signature)
) r
;5.' 3 r &
(Address)
Telephone No. )Telephone Ro °'`�
lei" :J° .
10710E
Section 72 of the Penal Code provides:
Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any
county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claire,bila,account,
voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not
exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not
exceeding ten thousand dollars(S 10,000),or by both such imprisonment and fine.
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CLAIM
BOARD OF SUPQVISORSOF CONTRA COSTA COUNTY
BOAM ACTIONI—MRCH 25) 2003
Claim Against the County, or District Governed by
the Board of Supervisors,Routing Endorsements, NOTICE TO CLAIMANT
and Board Action, All Section references are to The copy of this document mailed to you is your
California Government Codes. notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $25,000. WEB 2 5 2003 @
CLAIMANT: TRUDIE ROGERS COUNTY COUNSEL
tAARTINEZ CAUF.
ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 25, 2003
ADDRESS: P.O. BOX 25 BY DELIVERY TO CLERK ON: FEBRUARY 25, 2003
MARTINEZ, GA. 94553
BY MAIL POSTMARKED: FEBRUARY24, 200
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETE
Dated: FEBRUARY 25, 2003 By., Deputy -
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( his claim complies substantially with Sections 910 and 910.2.
This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days(Section 910.8).
Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
Other:
Dated: — By: Deputy_County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
(,X) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: MARCH 25, 2003.--- JOHN SWEETEN, CLERK, By Deputy Clerk
WARNING(Gov. code section 9r3)
Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: KARCH 26 20Q I JOHN SWEETEN, CLERK By. _..,Dety Clerk
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