NOTICE OF REFUSAL FOR CAUSES
TO: Risk and Loss Prevention
Attention: Shelly Pourian dba Manager
County of Trinity
c/o P.O. Box 1347
11 Court Street, Room 227
Weaverville 96093-1347
CALIFORNIA, USA
FROM: Edward J. Guenette, Sui Juris
Private Attorney General (18 U.S.C.
1964)
and Acting County Counsel in Fact
c/o P. O. Box 157
Hayfork 96041-0157
CALIFORNIA STATE, USA
DATE: March 1, 2013 A.D.
SUBJECT: FIRST INVOICE FOR SERVICES RENDERED dated
December 15, 2012
To Whom It May Concern:
Your
NOTICE OF CLAIM DEEMED REJECTED, dated February 19, 2013, is hereby refused for
causes including but not limited to the following:
(1)
The last
paragraph makes the misleading claim that “the
County of Lake [sic] will seek to recover all costs of defense ....” This matter does not concern the County of
Lake (not yet).
(3)
Said
NOTICE also makes the obviously vague assertion that the claim “was deemed rejected on February 16, 2013”,
but it does not state clearly which personnel were responsible for
making any such decision. All such
officers must also have executed a valid Oath of Office as required by the Laws
cited supra; and, to date the existence of said Oaths of
Office assumes facts not in evidence, and is the main issue in controversy.
(4)
Said
NOTICE also makes reference to California Government Code Section 945.6. This appears to be yet another instance of
bad legal advice for reasons including but not limited to the following:
(a)
there is
no statute of limitations for fraud;
(b)
18
U.S.C. 1961(5) expressly authorizes a discovery window of ten (10) years, not
six (6) months; and,
(c)
the
Supremacy Clause in the U.S. Constitution renders the federal laws cited supra as supreme Law of the Land, notwithstanding anything to the contrary
existing in the California State Constitution or California State laws.
(5)
The
existence of the specific licenses to practice law and certificates of oath, as
expressly required by sections 6067 and 6068 of the California Business and
Professions Code (“CBPC”), also assumes facts not in evidence. In particular, section 6067 goes to substance;
it is not a mere formality.
(6)
Insofar
as your NOTICE was prepared after consultation(s) with attorneys affiliated
with the law firm of Cota Cole, LLP, in and of itself such collaboration
constitutes further evidence of negligence by the County of Trinity and its
officers and employees, due chiefly to the absence of compliance by those
attorneys with CBPC sections cited supra. See 42 U.S.C. 1986.
(7)
Transmitting
such a misleading NOTICE via U.S. Mail is grounds for lodging a formal Mail Fraud Report with the U.S. Postal
Inspection Service, pursuant to the federal criminal statutes at 18 U.S.C. 4
and 1341. Again, see Supremacy Clause
here.
(8)
The
Undersigned is not now and never has been properly identified by means of the nom de guerre “EDWARD J. GUENETTE”; under International
Law, all parties to a cause must appear by nom
de guerre, because an "alien
enemy cannot maintain an action during the war in his own name". See Alien, Wharton's, Pennsylvania Digest,
20.94, and the Oxford English Dictionary, 2nd. ed., Clarendon Press (1989).
(9)
Warring
against the several States of the Union is expressly defined as treason in the
U.S. Constitution, and one of the penalties for treason is death: see Article III, Section 3, Clause 1, and 18
U.S.C. 2381.
(10)
Your
NOTICE makes absolutely no mention of the missing licenses to practice law in
the State of California, nor does it even attempt to “deny” that any problem(s)
exist in this regard. Failure to deny
constitutes an admission by personnel employed by the County of Trinity that
probable cause exists calling for the conclusion that attorneys at Cota Cole,
LLP, are engaged in a pattern of racketeering activities in violation of 18
U.S.C. 1962. See U.S. v. Tweel, 550
F.2d 297, 299 (5th Cir. 1977) (such
silence can be construed as fraud).
(11)
Mr.
David Prentice is likewise not authorized to occupy the office of County
Counsel because he also lacks a valid license to practice law in the State of
California.
Thank
you very much for your professional consideration.
Sincerely yours,
Edward J. Guenette,
Citizen of California Sui Juris;
Private Attorney
General, 18 U.S.C. 1964; and,
Acting County Counsel
in Fact (due to office vacancy)
Courtesy Copies:
Board of Supervisors
County of Trinity
c/o P.O. Box 1613
11 Court Street
Weaverville 96093-1613
CALIFORNIA, USA
CSAC Excess Insurance Authority
(Internet website: www.csac-eia.org)
75 Iron Point
Circle, Suite 200
Folsom 95630-8813
CALIFORNIA, USA
George Hills Co., Inc.
dba Claims
Administrator
Attention: Mr. Rodger Hayton
2875 Moorpark
Avenue, Suite 130
San Jose 95128
CALIFORNIA, USA
[See USPS
Publication #221 for addressing instructions.]
All
Rights Reserved without Prejudice (UCCA 1308)