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 SIXTH 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 6126;

---------------------------------) 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 6126, which describes the penalties for practicing law without proper credentials.
 

Specifically, subsection 6126(a) states:

 

(a)  Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active member of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment.  Upon a second or subsequent conviction, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine.  If the court imposes only a fine or a sentence of less than 90 days for a second or subsequent conviction under this subdivision, the court shall state the reasons for its sentencing choice on the record.

 

Dr. Hale constructs the term “shall” as used in said subsection to be mandatory and imperative in its correct legal meaning, as opposed to the term “may” which has a discretionary legal meaning.

 

 

Dated:     March 16, 2005

 

 

Signed:    /s/ Robert H. Hale

           ___________________________________________

Printed:   Robert H. Hale, Sui Juris


PROOF OF SERVICE

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 SIXTH REQUEST

FOR MANDATORY JUDICIAL NOTICE:

Evidence Code, section 453;

California Business and

Professions Code, section 6126;

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