Via First Class U.S. Mail February 4, 2005 A.D.
Mr. Kirk E. Giberson
Hefner Stark & Marois
2150 River Plaza Dr. #450
Sacramento, 95833
CALIFORNIA, USA
Subject: Section 6067, California Business and Professions Code
Greetings Mr. Giberson,
NOTICE
To repeat, section 6067 of the California Business and Professions Code reads as follows:
Every person on his
admission shall take an oath to support the Constitution of the United States
and the Constitution of the State of California, and faithfully to discharge
the duties of any attorney at law to the best of his knowledge and
ability. A certificate of oath shall
be indorsed upon his license.
The term “indorsed”,
from the Latin “in dorso”, means “on the back”.
Mr. Giberson: do you have the very first ONE-SIDED Bar Card in the long history of the printing press?
Please answer YES or NO.
If YES, please elaborate.
Our research here confirms that the term “certificate” necessarily refers to a physical document, not a verbal authorization of any kind.
Also, the term “oath” raises section 6067 far above the level of form, to a level of substance, because that “oath” refers to two large bodies of Law, i.e. the Constitution of the United States and the Constitution of the State of California. Substance always prevails over form. These Constitutions are the substance at hand.
Secondly, that “oath” also binds you faithfully to discharge all duties of an attorney at law to the best of your knowledge and ability. Section 6068 clearly states that you are thereby obligated to obey all State and federal laws, and section 6067 is one of those laws which you must obey.
Now that you have failed to produce or otherwise exhibit a valid license to practice law in the State of California, please be informed of my specific intent to hold you liable for having failed to obey section 6067 when you were first “admitted” to The State Bar of California, and also for having failed to cure that omission promptly upon receipt of my formal NOTICE informing you of your duties and obligations in this regard. See Clark v. Willett, 35 Cal. 534, 539.
See sections 6126, 6127 and 6128 of the California Business and Professions Code, and sections 1341 and 1342 in Title 18 of the United States Code (the federal criminal Code). Violations of 18 U.S.C. 1341 also qualify as RICO predicate acts, pursuant to 18 U.S.C. 1961.
You may also invoke the Fifth Amendment in this situation, if you wish. (That’s a Clause in the Bill of Rights, which consists of the first ten Amendments to the Constitution of the United States –- one of the Laws you are required by section 6068 to honor and obey.)
p.s. Have you told your clients about this “little” problem yet (see above)?
DEMAND
Formal DEMAND is hereby made of you to deliver a certified copy of said certificate of oath to the mailing location shown below, no later than 5:00 p.m. on Friday, February 18, 2005 A.D.
Failure to perform will give us probable cause to charge you with violating Section 6126 of the California Business and Professions Code (a misdemeanor). See also 4 U.S.C. 101 in pari materia with the Article VI, Clause 3 and the Supremacy Clause (Constitution, Laws and Treaties of the United States are all supreme Law of the Land).
Thank you, Mr. Giberson, for your specific cooperation this time.
Sincerely yours,
/s/ Robert Hurford Hale
Robert Hurford Hale, Sui Juris
3243 Congressional Circle
Fairfield 94534
CALIFORNIA, USA
In Re: REDWOOD PLAZA INVESTMENTS, L.P. v. PGM, INC. et al.
Superior Court docket #FCS025327, Solano County
All Rights Reserved without Prejudice