Robert Hurford Hale, Sui Juris
3243
Congressional Circle
Fairfield
94534
CALIFORNIA,
USA
tel: 707-426-1841
In Propria
Persona
All
Rights Reserved
Superior Court of
California
Solano County
REDWOOD
PLAZA INVESTMENTS, L.P., ) Case No. FCS025327
)
v. ) DEFENDANT HALE’S FIFTH REQUEST
) FOR MANDATORY JUDICIAL NOTICE:
PGM,
INC., )
PETER
G. MOZSARY, ) Evidence Code,
section 453;
ROBERT
H. HALE, and ) California
Business and
DOES 1 through 10.
) Professions Code, section 6068;
---------------------------------) 18 U.S.C. 1341, 1964 (Civil
RICO).
COMES NOW Robert H. Hale, Sui Juris, a named Defendant in the above entitled case, without waiving or conferring any jurisdiction, specifically to request that this honorable Court take mandatory judicial notice of the California Business and Professions Code, section 6068, which describes the duties of an attorney. Specifically, subsection 6068(a) states that it is a duty of an attorney: To support the Constitution and laws of the United States and of this state.
Subsection 6068(d) states that it is also a duty of an attorney:
To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
And, subsection 6068(m) states that it is also a
duty of an attorney:
To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services.
Dr. Hale constructs the terms “United States” at
6068(a) supra to mean only the
federal government, and “this state” at 6068(a) supra to mean only the California Republic. See the Guarantee Clause in the U.S.
Constitution, in chief;
and subsection 6068(i) infra.
A true and correct copy of said section is attached
hereto and incorporated by reference, as if set forth fully here.
Dated: March 16, 2005
Signed: /s/ Robert H. Hale
___________________________________________
Printed: Robert H. Hale, Sui Juris
6068. It is the duty of an attorney to do all of the following: (a) To support the Constitution and laws of the United States and of this state. (b) To maintain the respect due to the courts of justice and judicial officers. (c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.(d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
(e) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client. (f) To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged. (g) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest. (h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed. (i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against himself or herself. However, this subdivision shall not be construed to deprive an attorney of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subdivision shall not be construed to require an attorney to cooperate with a request that requires him or her to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the attorney's practice. Any exercise by an attorney of any constitutional or statutory privilege shall not be used against the attorney in a regulatory or disciplinary proceeding against him or her. (j) To comply with the requirements of Section 6002.1. (k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney. (l) To keep all agreements made in lieu of disciplinary prosecution with the agency charged with attorney discipline. (m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services. (n) To provide copies to the client of certain documents under time limits and as prescribed in a rule of professional conduct which the board shall adopt. (o) To report to the agency charged with attorney discipline, in writing, within 30 days of the time the attorney has knowledge of any of the following: (1) The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity.
(2) The
entry of judgment against the attorney in any civil action for fraud,
misrepresentation, breach of fiduciary duty, or gross negligence committed in a
professional capacity.
(3) The imposition of any judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000). (4) The bringing of an indictment or information charging a felony against the attorney. (5) The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of any felony, or any misdemeanor committed in the course of the practice of law, or in any manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or any misdemeanor of that type. (6) The imposition of discipline against the attorney by any professional or occupational disciplinary agency or licensing board, whether in California or elsewhere. (7) Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney. (8) As used in this subdivision, "against the attorney" includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney's knowledge already been reported by the law firm or corporation. (9) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation. (10) This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline.I, Robert
H. Hale, 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):
DEFENDANT HALE’S FIFTH
REQUEST
FOR MANDATORY JUDICIAL
NOTICE:
Evidence Code, section 453;
California Business and
Professions Code, section
6068;
18 U.S.C. 1341, 1964 (Civil
RICO)
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:
[PLAINTIFF’S ATTORNEY]
Mr. Kirk E. Giberson
Hefner Stark & Marios
2150 River Plaza Dr. #450
Sacramento 95833
CALIFORNIA, USA
[DEFENDANT PGM, INC.] mailing address not yet available
[DEFENDANT PETER G. MOZSARY]
mailing address not yet available
[CLERK OF COURT (2x)]
600 Union Avenue
Fairfield 94533
CALIFORNIA, USA
Dated: March 16, 2005
Signed: /s/ Robert H. Hale
___________________________________________
Printed: Robert H. Hale, Sui Juris
All Rights Reserved
without Prejudice