Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
c/o General Delivery at:
2509 North Campbell Avenue
Tucson, Arizona state
In Propria Persona
All Rights Reserved
Without Prejudice
SUPERIOR COURT OF ARIZONA
PIMA COUNTY
People of Arizona state ) Case Number #320831
ex relatione )
Paul Andrew Mitchell, ) VERIFIED PETITION
) FOR PEREMPTORY WRIT OF MANDAMUS:
Petitioner, )
) ARS 12-2021; ARS 22-201(F)
v. )
)
Pima County Consolidated )
Justice Court, )
)
Respondent. )
_________________________)
The People of Arizona state send greetings:
TO: Pima County Consolidated Justice Court
Attention: Mr. W. U. Weber
115 N. Church Avenue
Tucson, Arizona state
FACTS
On March 5, 1997, Petitioner filed a civil complaint in the
Pima County Consolidated Justice Court against Neil and Evelyn
Nordbrock, husband and wife, seeking recovery of $3,071 in funds
embezzled from Petitioner; $370 in gold coin and one (1) JAZ
disk cartridge worth $100, both converted from Petitioner;
payment of $1,061 for breach of contract; unspecified damages
for libel against Plaintiff; and all other relief deemed just
and proper, for a total claim of $4,602 even.
Notice of Petition for Peremptory Writ of Mandamus:
Page 1 of 10
On April 2, 1997, Defendants Neil and Evelyn Nordbrock filed
their ANSWER AND COUNTERCLAIM, claiming defamation per se [sic]
and tortious interference with business advantage and/or
contractual relationship [sic], but no specific dollar amounts
were attached to said COUNTERCLAIM.
On May 12, 1997, Defendants Neil and Evelyn Nordbrock filed
a pleading which they entitled RULE 26.1 DISCLOSURE STATEMENT OF
DEFENDANTS/COUNTERCLAIMANTS, in which they sought "compensatory
and punitive damages for Mitchell's defamation in the amount of
$250,000" [sic]. See page 4, line 26, of said pleading.
Taking note of said specific amount, on May 17, 1997,
Petitioner filed a pleading entitled NOTICE AND DEMAND TO
TRANSFER CASE TO SUPERIOR COURT OF ARIZONA STATE, citing the
authority at ARS 22-201(F). Said NOTICE AND DEMAND by Petitioner
is attached hereto and incorporated by reference as if set forth
fully herein. See Exhibit "A".
On June 6, 1997, Justice of the Peace W. U. Weber issued a
CIVIL MINUTE ENTRY which, inter alia, attempted to "deny"
Petitioner's DEMAND TO TRANSFER CASE TO SUPERIOR COURT OF ARIZONA
STATE, by means of the following statement:
2) The Demand to transfer to Superior Court is denied; the
counterclaim does not speak of an amount in excess of this
court's jurisdiction.
At a Pre-Trial Conference ("PTC") scheduled for June 16,
1997, the man alleging to be counsel for the Defendants failed to
appear, and Mr. W. U. Weber failed to conduct the PTC, in
arbitrary and prejudicial deference to said counsel's failure to
appear.
Notice of Petition for Peremptory Writ of Mandamus:
Page 2 of 10
On June 16, 1997, Petitioner served His AFFIDAVIT OF GROUNDS
FOR CHANGE OF JUDGE AND OF REFUSAL FOR CAUSE, submitted to the
Pima County Consolidated Justice Court pursuant to Rule 42(f)(2)
of the Arizona Rules of Civil Procedure, testifying to the
grounds on which Petitioner sought a change of judge in that
court. Said AFFIDAVIT is attached hereto and incorporated by
reference as if set forth fully herein. See Exhibit "B".
Finally, on June 17, 1997, Petitioner served upon Mr. W. U.
Weber a formal NOTICE AND DEMAND FOR PRODUCTION OF REQUIRED OATH
OF OFFICE, with a deadline for production of same no later than
5:00 p.m. on Friday, June 20, 1997. Said NOTICE AND DEMAND is
attached hereto and incorporated by reference as if set forth
fully herein. See Exhibit "C".
LAW
Petitioner submits that the record below exhibits more than
sufficient evidence to justify transfer of the case in question
to this honorable Court, pursuant to the clear and unequivocal
requirement for same at ARS 22-201(F), to wit:
F. If in any action before a justice of the peace a party
files a verified pleading which states as a counterclaim a
claim in which the amount involved, exclusive of interest
and costs, is more than five thousand dollars, the justice
shall so certify in his docket, and at once stop further
proceedings in the action, and forward all papers, together
with a certified copy of his docket entries in the action,
to the superior court, where the action shall be docketed
and determined as though originally brought in the superior
court. Such party shall pay to the clerk of the superior
court the same fees required to be paid by a defendant, and
no other party in the action before the justice of the peace
shall be required to pay any sum.
[emphasis added]
Petitioner hereby alleges that no plain, adequate and speedy
remedy at law is otherwise available to effect transfer of the
case in question to the Superior Court of Arizona.
Notice of Petition for Peremptory Writ of Mandamus:
Page 3 of 10
STATEMENT OF DAMAGES
Respondent owed a duty to Petitioner. This duty was and is
the property of Petitioner, and this property was unlawfully
withheld by Respondent. Petitioner has invoiced Mr. W. U. Weber
for the time and expenses wasted by traveling to the Pima County
Consolidated Justice Court for a hearing which was not held. A
copy of said invoice is attached hereto and incorporated by
reference as if set forth fully herein. See Exhibit "D".
REMEDY REQUESTED
Petitioner respectfully requests this honorable Superior
Court of Arizona to order that a Peremptory Writ of Mandamus
issue upon Respondent, compelling Respondent:
(1) to certify in the official docket that a verified
pleading has been filed in the case of Mitchell v.
Nordbrock, Pima County Consolidated Justice Court case
number #CV-97-3438, which states as a counterclaim a
claim in which the amount involved, exclusive of
interest and costs, is more than five thousand dollars
($5,000.00);
(2) to stop further proceedings in the action at once; and
(3) to forward all papers, together with a certified copy
of all docket entries, to the Superior Court of
Arizona, where the action shall be docketed and
determined as though originally brought in said
Superior Court;
and to award reasonable damages to Petitioner for the unnecessary
delay, wasted professional time, and wasted travel expenses which
Petitioner incurred on June 16, 1997.
Notice of Petition for Peremptory Writ of Mandamus:
Page 4 of 10
VERIFICATION
I, Paul Andrew Mitchell, 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
statements of fact are true and correct, 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.
Dated: June 17, 1997
Respectfully submitted,
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Notice of Petition for Peremptory Writ of Mandamus:
Page 5 of 10
PROOF OF SERVICE
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," 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 OF PETITION FOR PEREMPTORY WRIT OF MANDAMUS
AND NOTICE OF EXEMPTION FROM DOCKET FEE:
ARS 12-2021; ARS 22-201(F)
-and-
PETITION FOR PEREMPTORY WRIT OF MANDAMUS:
ARS 12-2021; ARS 22-201(F)
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:
Neil and Evelyn Nordbrock
c/o 6642 E. Calle de San Alberto
Tucson, Arizona state
Lawrence E. Condit
c/o 376 South Stone Avenue
Tucson, Arizona state
Dr. and Mrs. Eugene A. Burns
c/o 4500 E. Speedway, #27
Tucson, Arizona state
Pima County Consolidated Justice Court
Attention: Mr. W. U. Weber
115 N. Church Avenue
Tucson, Arizona state
Executed on June 17, 1997:
/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Notice of Petition for Peremptory Writ of Mandamus:
Page 6 of 10
Exhibit "A":
NOTICE AND DEMAND TO TRANSFER CASE
TO SUPERIOR COURT OF ARIZONA STATE
Notice of Petition for Peremptory Writ of Mandamus:
Page 7 of 10
Exhibit "B":
AFFIDAVIT OF GROUNDS FOR CHANGE OF JUDGE
AND OF REFUSAL FOR CAUSE
Notice of Petition for Peremptory Writ of Mandamus:
Page 8 of 10
Exhibit "C:
NOTICE AND DEMAND FOR PRODUCTION
OF REQUIRED OATH OF OFFICE
Notice of Petition for Peremptory Writ of Mandamus:
Page 9 of 10
Exhibit "D":
INVOICE dated June 17, 1997
to Mr. W. U. Weber
Notice of Petition for Peremptory Writ of Mandamus:
Page 10 of 10
# # #
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People v. Justice Court