Friday, September 11, 2009

never got around to filing this unfinished one

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES





Type Name(s), i.e. Plaintiff Name ,



Party, i.e. Plaintiff ,



vs.



Type Name(s), i.e. Defendant Name ,



Party, i.e. Defendant

Case No. 8CA10541



MOTION TO DEMAND JUDICIAL NOTICE THAT MS. SUSAN RIOS, CLERK OF DIVISION 40 IS REFUSING TO FILE THE DEFENDANT’S MOTIONS BY CLAIMING THAT DIVISION 40 NO LONGER HAS JURISDICTION.







On August 17, the defendant sought to file a motion that would void the clearly illegal orders and rulings made by Judge Samantha Jessner and Judge John Martinez. Ms. Rios said louder than necessary, “ You are now in the mental Health court.” Ms. Rios repeated this twice because Ms. Rios appears to have a mean streak towards defendants. Ms. Rios insisted that Division 40 was now without jurisdiction and could not accept any motions from the defendant. Disgusted but undaunted, the defendant tried to file it with the main clerk. This clerk, seemed baffled by such practices, but was very helpful and after about an hour the defendant was able to file it as well as get a conformed copy for her records.



Frustated by such a motion being ignored when a hearing by all means should be granted, the defendant wrote up an amendment to the void that she hoped would make clear that what Kalpakian and Waxler said on the record that day was a lie. Scared for her liberty when dealing with such thugs, the defendant had her sister deliver it to Ms. Rios. Ms. Rios now somehow feeling she had carte blanche to totally reject the motion. Again, the motion was taken to the main clerk and again the clerk tried to figure out what was going on. This time it was made very clear to the defendant that she was not to file any motions with Rios as all jurisdiction was lost when Jessner signed that illegal order on August 12,2009. The defendant knew that she had more than legal standing to challenge such a void ab initio order so she called department 95 to see if fax filing was possible. There she was told by two individuals that there was no record of her case in that department and therefore they certainly didn’t have jurisdiction. So, it would seem obvious that Ms. Rios was obstructing justice when she declared that she didn’t have jurisdiction to file anything prepared by the defendant. It would appear insane that the defendant be forbidden to file motions to void this illegal order in the first place but then to compound it by not even filing it with Division 95 appears to be really exceptional. The defendant believes that the court and its agents are willfully depriving the defendant her rights. Now, with both Divisions 40 and 95 claiming to have no jurisdiction, no remedies or recourse is available to the defendant against this Malicious prosecution.



Since this false order and false denial of more rights of the defendant has transpired a dismissal based on speedy trial statutes is requested. A needless and lawless delay was caused by Ms. Rios’s misbehaviors and an illegal “adjournment” necessitated by the very ill considered order of Judge Jessner , as has the needless and also illegal order made by Villar that doesn’t allow meet and confers with the prosecution. These tactics have needlessly burdened the defense, denying her at best a speedy trial. Very punitive sanctions should be imposed on officers of the court who are appear to be engaging in such a manner that seems to hold no reverence for the rule of law.



MEMORANDUM OF POINTS AND AUTHORITIES
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