Teresa Giordano, Sui Juris

Citizen of California State

c/o 40960 California Oaks Rd., Box 281

Murrieta 92562

CALIFORNIA, USA

 

tel:  (909) 695-9185

fax:  (909) 695-2416

 

In Propria Persona

 

All Rights Reserved

without Prejudice

 

 

UNITED STATES DISTRICT COURT

 

CENTRAL DISTRICT OF CALIFORNIA

 

UNITED STATES OF AMERICA,        )  CR No. 02-0372

                                 )

          Plaintiffs,            )  APPLICATION FOR

                                 )  ORDER TO SHOW CAUSE:

     v.                          )

                                 )  28 U.S.C. 530B, 1652;

LYNNE MEREDITH,                  )  FREV Rule 201(d)

  aka Lynne Meridith,            )

  aka Lynn Meridith,             )

GAYLE BYBEE,                     )

GREGORY PAUL KARL,               )

TERESA MANHARTH GIORDANO,        )

WILLIE WATTS,                    )

BETTY ERICKSON,                  )

NORA MOORE, and                  )

TONI SMITH SILVA,                )

                                 )

          Defendants.            )

_________________________________)

COMES NOW Teresa Giordano, Sui Juris, Citizen of California State, expressly not a citizen of the United States (“federal citizen”), appearing specially before this honorable Court, without conferring, waiving, or otherwise granting jurisdiction, to petition this Court for an ORDER to Ms. ALICIA VILLARREAL and Messrs. JOHN S. GORDON, RONALD L. CHENG, and LAWRENCE S. MIDDLETON to show cause why each should not be charged with willfully misrepresenting the United States of America in the instant matter.

 

AFFIDAVIT OF PROBABLE CAUSE

Teresa Giordano (hereinafter “Petitioner”) now testifies as follows, to wit:

Petitioner was privileged yesterday to receive a true and correct copy of the pleading partially entitled NOTICE OF MOTION AND MOTION FOR INTERVENTION OF RIGHT as executed and served on April 16, 2002 A.D., by the United States ex relatione Paul Andrew Mitchell, B.A., M.S., Private Attorney General in the instant case.

Mr. Mitchell also requested Petitioner to post a first class U.S. Mail envelope, with postage prepaid and properly addressed to the Clerk of this Court, which envelope was reported by Mr. Mitchell to contain three (3) copies of the same MOTION FOR INTERVENTION by the United States ex relatione Paul Andrew Mitchell.

Petitioner did post same before midnight at end of April 16, 2002 A.D.

Petitioner has now reviewed said MOTION FOR INTERVENTION and concurs completely with the facts and laws as stated therein.

Petitioner understands from these facts and laws that the United States and the United States of America are not one and the same.

Petitioner also understands that the holding by the Supreme Court of the United States in Eisner v. Macomber, 252 U.S. 189 (1920) expressly bars the Congress from re‑defining any terms found in the Constitution for the United States of America, as lawfully amended (“U.S. Constitution”).

Both terms -– United States and United States of America -– are found in the organic U.S. Constitution.

Petitioner has also reviewed the federal statute at 28 U.S.C. 1746, and has taken note that both terms are also used by Congress in this statute, in correct contradistinction to each other.

Petitioner can find no other occurrences of the term “United States of America” in any other federal statutes within Title 28 of the United States Code (“U.S.C.”).

Petitioner has also reviewed the federal statute at 28 U.S.C. 530B, also known as the McDade Act.

The McDade Act requires all U.S. Attorneys in California to obey the ethical standards and disciplinary guidelines issued by the State Bar of California.

Petitioner believes that willful misrepresentation is prohibited by said standards and guidelines, and is also grounds for charging the offenders with violating Sections 6126 and 6127 of the California Business and Professions Code (misdemeanor and contempt of court, respectively).

This concludes Petitioner’s AFFIDAVIT OF PROBABLE CAUSE for purposes of the instant PETITION.

Petitioner reserves Her fundamental Right to alter or amend said AFFIDAVIT, at times and places of Her choosing.

 

NOTICE AND DEMAND FOR

MANDATORY JUDICIAL NOTICE

Pursuant to Rule 201(d) of the Federal Rules of Evidence (“FREV”), Petitioner respectfully requests mandatory judicial notice by this Court of Her COMPLAINT FOR FRAUD[,] DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES;  NOTICE OF MOTION AND MOTION TO QUASH:  28 U.S.C. 530B, 1651, 1652, 2201[:]  DEMAND FOR JURY TRIAL, as filed on April 11, 2002 A.D., in People of California ex rel. Gayle Bybee et al. v. Andrew Erath et al., in the District Court of the United States, Central Judicial District of California, Los Angeles, Clerk’s Docket Number SA CV 02‑0382 GLT(ANX).

Petitioner is a named Co-Plaintiff in said Civil COMPLAINT.

 

INCORPORATION OF RELATED CASE

Petitioner hereby incorporates by reference the entire contents of Clerk’s Docket Number SA CV 02‑0382 GLT(ANX) supra, as if set forth fully herein.

 

INCORPORATION OF EXHIBIT

Petitioner hereby incorporates by reference the pleading discussed supra and fully entitled NOTICE OF MOTION AND MOTION FOR INTERVENTION OF RIGHT:  3:2:1 (in judicial mode);  28 U.S.C. 530B, 2403;  FRCP 24(a), (c) (United States not a party), as if also set forth fully herein.  See Exhibit “A” infra.

 

REMEDY REQUESTED

All premises having been duly considered, without granting, waiving or otherwise conferring jurisdiction, Petitioner respectfully requests that an ORDER promptly issue and be served with all deliberate speed upon Ms. ALICIA VILLARREAL and Messrs. JOHN S. GORDON, RONALD L. CHENG, and LAWRENCE S. MIDDLETON, to show cause why each should not be charged with violating the McDade Act at 28 U.S.C. 530B, for willfully misrepresenting the United States of America, and also with violating Sections 6126 and 6127 of the California Business and Professions Code.

 


VERIFICATION

I, Teresa Giordano, Sui Juris, 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).  See Supremacy Clause (Constitution, Laws and Treaties are the supreme Law of the Land).

 

Dated:   April 19, 2002 A.D.

 

Signed:  /s/ Teresa Giordano

         ____________________________________________

Printed: Teresa Giordano, Citizen of California State

 

Signed:  /s/ Paul Andrew Mitchell

         ______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General

         and Counsel Pro Bono to Teresa Giordano

 


PROOF OF SERVICE

I, Teresa Giordano, 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):

 

APPLICATION FOR

ORDER TO SHOW CAUSE:

28 U.S.C. 530B, 1652;

FREV Rule 201(d)

 

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:

 

JOHN S. GORDON

RONALD L. CHENG

LAWRENCE S. MIDDLETON

ALICIA VILLARREAL

U.S. Department of Justice

1300 United States Courthouse

312 North Spring Street

Los Angeles 90012

CALIFORNIA, USA

 

Judge Alex Kozinski (supervising)

Ninth Circuit Court of Appeals

P.O. Box 91510

Pasadena 9109-1510

CALIFORNIA, USA

 

 

[See USPS Publication #221 for addressing instructions.]

 

 

Dated:   April 19, 2002 A.D.

 

Signed:  /s/ Teresa Giordano

         ____________________________________________

Printed: Teresa Giordano, Citizen of California State


 

 

 

 

 

 

 

 

 

 

Exhibit “A”:

 

NOTICE OF MOTION AND

MOTION FOR INTERVENTION OF RIGHT:

3:2:1 (in judicial mode);

28 U.S.C. 530B, 2403;

FRCP 24(a), (c)

(United States not a party)