Paul Andrew Mitchell, Sui Juris
c/o Forwarding Agent at:
350 – 30th Street,
Suite 444
Oakland 94609-3426
CALIFORNIA, USA
In Propria Persona
All Rights Reserved
without Prejudice
District Court of the United States
Eastern Judicial District of California
Paul Andrew
Mitchell, ) No. CIV. S-01-1480 WBS DAD PS
)
Plaintiff, ) NOTICE AND DEMAND
) FOR PROOF OF
FRAUD:
v. )
AOL Time Warner, Inc. et al., )
)
Defendants. )
______________________________)
COMES NOW Paul Andrew Mitchell, Plaintiff in the
above entitled case, Citizen of California, Private Attorney General and
Federal Witness, formally to
demand of Mr. Geoffrey A. Goodman verified proof that Plaintiff’s previously
filed NOTICES OF JUDICIAL DEFAULT are fraudulent by intent.
At the preliminary hearing held on December 14, 2001 A.D.
in the instant case, which Plaintiff attended with counsel and expressly
Under Protest, Mr. Goodman alleged that Plaintiff’s previously filed
NOTICES OF JUDICIAL DEFAULT are “fraudulent” [sic].
Plaintiff
hereby specifically denies that said NOTICES are fraudulent, and also
specifically denies that either actual fraud or constructive fraud were
Plaintiff’s real intent in executing, filing and serving said NOTICES.
Plaintiff
believes that the burden of proving fraud falls on the one(s) making the
allegation. [citations omitted]
Plaintiff
also believes that an unsubstantiated allegation of fraud is tantamount to
defamation, and/or defamation per se. [citations omitted]
Unlawful
attacks on one’s reputation are violations of fundamental Rights guaranteed by Article 17 in the International
Covenant on Civil and Political Rights (“Covenant”),
and by Article 12 in the
Universal Declaration of Human Rights (“Declaration”).
Article 17 in the Covenant reads:
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
[bold emphasis added]
Article 12 in the Declaration reads:
No one shall be subjected to arbitrary interference
with his privacy, family, home or correspondence, nor to attacks upon his
honour and reputation. Everyone
has the right to the protection of the law against such interference or
attacks.
[bold emphasis added]
Defamation
is also actionable under California State law, particularly occurring as it did
in open court, in Sacramento, California, within hearing range of witnesses.
Those
witnesses included Plaintiff’s counsel and next friend, U.S. Magistrate Dale A.
Drozd, the courtroom clerk(s), a U.S. Marshall, Wesley C.J. Ehlers, Susan H.
Handelman, Eugene J. Majeski, an attorney appearing telephonically, and
Plaintiff, all of whom were present to hear the offending statement accusing
Plaintiff of fraud.
Plaintiff
believes that the attorney appearing telephonically was Mr. Walter P. DeForest
of DeForest & Koscelnik in Pittsburgh, Pennsylvania, and possibly others
listening on a speakerphone at this law firm.
Plaintiff
is offended, and damaged, by this unnecessary and unfounded accusation,
expressing as it did an arbitrary and unlawful attack on Plaintiff’s honor and
reputation.
Accordingly,
Plaintiff hereby demands that Mr. Geoffrey A. Goodman file and serve certified
proof of fraud, and certified proof of fraudulent intent, in the matter of
Plaintiff’s NOTICES OF JUDICIAL DEFAULT, no later than 5:00 p.m. on Friday,
February 15, 2001 A.D. (approximately thirty (30) days hence).
Beyond
that deadline, Plaintiff will proceed on the basis of the presumption that Mr.
Geoffrey A. Goodman does not have any proof of fraud, and does not have any
proof of fraudulent intent.
Absent
said proofs, Plaintiff reserves His fundamental Right to seek appropriate and
effective judicial remedies, in this case and/or other case(s) not yet filed,
for actual, consequential and exemplary damages attributable to this arbitrary
attack on His honor and reputation.
PARTIAL LIST OF PERTINENT
AUTHORITIES
See
cases under 28 U.S.C.A. 1654 and 28 U.S.C.S. 1654; also In re Gossage, 99 Cal.Rptr.2d
130, 23 Cal.4th 1080, 5 P.3d 186 (2000) (attorneys must possess good
moral character which includes ... obedience to the laws of the State and
nation, and respect for the rights of others and for the judicial
process); U.S. v. High Country
Broadcasting Co., 3 F.3d 1244 (9th Cir. 1993) (entry of default
judgment was appropriate when unlicensed corporate president attempted to
represent corporation in court); U. S. v. Tweel, 550 F.2d 297, 299 (1977) (silence can be equated with fraud when there
is a legal or moral duty to speak);
Carmine v. Bowen, 64 A. 932 (1906) (silence constitutes an
implied representation of the existence of the state of facts in question and
will operate as an estoppel).
I, Paul Andrew Mitchell, Sui Juris, Plaintiff in the
above entitled action, hereby verify under penalty of perjury, under the laws
of the United States of America, without the “United States”
(federal government), that the above statement of facts and laws is true and
correct, according to the best of My current information, knowledge, and
belief, so help me God, pursuant to 28 U.S.C. 1746(1).
Dated: January 14,
2002 A.D.
Signed: /s/ Paul
Andrew Mitchell
___________________________________________
Printed: Paul
Andrew Mitchell, B.A., M.S., Sui Juris
I, Paul Andrew Mitchell, Sui Juris, hereby certify,
under penalty of perjury, under the laws of the United States of America,
without the “United States” (federal government), that I am at least 18
years of age, a Citizen of ONE OF
the United States of America, and that I personally served the following
document(s):
NOTICE AND DEMAND
by placing one true and correct copy of said document(s) in
first class United States Mail, with postage prepaid and properly addressed to
the following:
Clerk of Court (2
copies)
District Court of the United States
501 “I” Street, Suite 4-200
Sacramento 95814-2322
CALIFORNIA, USA
Courtesy copies to:
Ropers, Majeski, Kohn & Bentley DeForest & Koscelnik
(failed to exhibit oaths) (failed to exhibit oath)
1001 Marshall Street 3000 Koppers Building
Redwood City 94063 436 Seventh Avenue
CALIFORNIA, USA
Pittsburgh 15219
PENNSYLVANIA, USA
Murphy Austin Adams Schoenfeld LLP Pillsbury Winthrop LLP
(failed to exhibit oaths) (failed to exhibit oaths)
P.O. Box 1319 400 Capitol Mall, Suite
1700
Sacramento 95814-1319 Sacramento 95814-4419
CALIFORNIA, USA CALIFORNIA, USA
Curiale Dellaverson Hirschfeld Quinn
Emanuel Urquhart Oliver
Kraemer & Sloan, LLP & Hedges, LLP
(oaths requested) (oaths requested)
727 Sansome Street 201 Sansome Street, 6th
Floor
San Francisco 94111 San Francisco 94104
CALIFORNIA, USA CALIFORNIA, USA
Dated: January 15,
2002 A.D.
Signed: /s/ Paul
Andrew Mitchell
__________________________________________________
Printed: Paul
Andrew Mitchell, Plaintiff In Propria Persona
(not
“Pro Se” [sic])