Criminal RICO Claims in Central District Court of CA

November 6, 2012 § Leave a comment

TO THE UNITED STATES COURT OF APPEAL, FOR THE NINTH CIRCUIT; THE HONORABLE CHIEF JUDGE ALEX KOZINSKI; THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT COURT OF CALIFORNIA; THE HONORABLE CHIEF JUDGE GEORGE H. KING; THE UNITED STATES ATTORNEY GENERAL’S OFFICE; THE HONORABLE UNITED STATES ATTORNEY ANDRÉ BIROTTE, JR.; AND TO ALL PARTIES THROUGH THEIR COUNSEL OF RECORD:

A.        Motion for Decisions Without Further Delay

1.         Plaintiff, Erin K. Baldwin (“Plaintiff”) appears to present this Motion for Decision Without Further Delay to Chief Judge George H. King (“Judge King”) pursuant to Local Rule 83-9.

2.         Local Rule 83-9 states the procedure to obtain a ruling from the Chief Judge of the District on a motion pending before this Court longer than four (4) months.

3.         An important ruling in Plaintiff’s §1983 case has been pending for ten (10) months thereby evoking Local Rule 83-9.

4.         The pending motion is Plaintiff’s December 6, 2011 Amended Request for Leave to Amend Section 1983 Complaint, et al. (“Request for Leave”).

5.         The requirement for a joint statement of counsel under Local Rule 83-9 is not applicable because Plaintiff’s motion was unopposed.

6.         A motion before the “assigned judicial officer,” is also not applicable because, as a matter of law, Plaintiff’s case does not have an “assigned judicial officer.”

7.         On or about January 17, 2012, former-Chief Judge Audrey B. Collins (“Judge Collins”) ordered an administrative reassignment of Plaintiff’s case to District Court Judge Dolly M. Gee (“Judge Gee”). [1]

B.        Violations of Federal Law Voids Reassignment and Orders

8.         Judge Collins’ action violates 28 U.S.C. §137 that prohibits a Chief Judge from reassigning a case after recusal in a manner not approved by that District’s General Orders.

9.         The relevant Central District General Order is 08-05 that mandates random reassignment of cases after recusal.

10.       As such, Judge Collins’ reassignment of Plaintiff’s case to Judge Gee violates both General Order 08-05 and Title 28 U.S.C. §137.

11.       Judge Collins’ violations of federal law in the unlawful reassignment of Plaintiff’s case to Judge Gee voids the reassignment and subsequent orders of Judge Gee.

12.       For the past nine (9) months Judge Gee has knowingly and maliciously acted in the clear absence of jurisdiction to irreconcilably compromise Plaintiff’s case.

13.       The unlawful reassignment is further evidenced by Judge Gee’s failure to serve to parties her Initial Standing Order that states, inter alia:

“This case has been assigned to the calendar of Judge Dolly M. Gee. Both the Court and counsel bear responsibility for the progress of this litigation in federal court.  To ‘secure the just, speedy, and inexpensive determination’ of this case, as called for in Fed. R. Civ. P. 1, all parties or their counsel are ordered to become familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, and this Court’s standing orders.”

14.       The unlawful reassignment is further evidenced by Judge Gee’s failure to assign a magistrate for discovery purposes, set a trial date, issue a 26(f) Scheduling Order, Case Management Order and Order Commencing Discovery.

15.       Judge Collins’ violations of federal law and Judge Gee’s orders and actions in the clear absence of jurisdiction also voids any affect of Judge Gee’s orders and actions.

C.        Violations of Federal Law Voids Orders Dismissing Appeals

16.       The unlawful reassignment is further evidenced by Judge Gee’s orders prejudicing Plaintiff’s appeals pending in the Ninth Circuit Court of Appeals (“Ninth Circuit”).

17.       The day after the unlawful assignment (and without serving standard case-iniating orders), Judge Gee sought to adversely prejudice Plaintiff’s pending appeals.

18.       First, Judge Gee’s orders, infra, violate the Ninth Circuit Divestiture Rule by ruling on matters properly removed from district court jurisdiction on appeal.

19.       Second, Judge Gee’s January 18, 2012 order includes authorities that serve no purpose other than to prejudice Plaintiff’s appeal, all of which are flawed in fact and law:

“Although it is clear that the Ninth Circuit lacks jurisdiction over Plaintiff’s appeal, see, e.g., Skoog v. County of Clackamas,[2] (finding no appellate jurisdiction over interlocutory appeal from denial of leave to file fourth amended complaint), and a district court need not refrain from deciding a matter on appeal where it is clear that appellate jurisdiction is lacking, see United States v. Hickey, [3] (“Filing an appeal from an unappealable decision does not divest the district court of jurisdiction,” [4] the Court declines to proceed in this instance. Accordingly, Plaintiff’s amended request for leave to amend is hereby STAYED until the Ninth Circuit resolves her appeal.”

20.       Plaintiff requested leave to file a third amended complaint and current Ninth Circuit appellate jurisdiction states: “It is well-established Ninth Circuit law that where the district court expressly denies leave to amend, the order is final and appealable.” [5]

21.       On January 23, 2012 Judge Gee filed an order deeming Plaintiff’s appeals frivolous and made in bad faith affixing her personal signature.  Shortly thereafter, this order was replaced by the same order bearing a name stamp in place of her personal signature.

22.       On February 16, 2012, the Ninth Circuit dismissed Plaintiff’s appeal for lack of jurisdiction in direct opposition with its own longstanding precedent.

23.       Judge Gee failed to rule on Plaintiff’s amended request for leave to amend that she had “stayed until the Ninth Circuit resolves her appeal.”

24.       Instead, four months later on June 12, 2012, Judge Gee initiated a series of orders to avoid making the decision her January 18, 2012 order promised to make.

25.       And four months after that, on October 16, 2012, the Ninth Circuit joined in on Judge Gee’s unfounded claim Plaintiff was appealing from unappealable orders and ordered her to show cause why she shouldn’t be sanctioned and subjected to a pre-filing order for same.

26.       To date, the Ninth Circuit has only issued one Mandate in Plaintiff’s five appeals; the official court procedure for ending an appeal.

27.       The Ninth Circuit Clerk states this is because Plaintiff’s four remaining appeals are pending decisions on her timely-filed Petitions for Rehearing.

28.       If Plaintiff’s appeals are still open pending decisions, and Mandates have not issued ending the appeals … then how could Plaintiff’s appeals be dismissed … and how could Plaintiff be subject to sanctions and a pre-filing order for filing appeals from unappealable orders?  Last, upon what authority does the Ninth Circuit issue a pre-filing order on behalf of a District Court?

29.       Plaintiff also directs this Motion to Ninth Circuit Chief Judge Alex Kozinski for a Decision Without Further Delay on Plaintiff’s pending Petitions for Rehearing and an order voiding the dismissal orders and the pending order to show cause.

D.        Ninth Circuit Orders Prejudice Petition to the U.S. Supreme Court

30.       On July 14, 2012, Plaintiff filed a petition for a writ of certiorari with the U.S. Supreme Court challenging the denial of her Petition for First Amendment Writ of Mandate.

31.       To comply with Supreme Court Rule 13, Plaintiff filed multiple pleadings in the Ninth Circuit requesting final orders, all of which were ignored.

32.       One of the questions presented to the Supreme Court supports Plaintiff’s arguments, supra:

“Whether the District Court acted in the clear absence of jurisdiction and abused its discretion by writing prejudicial post-appeal orders without jurisdiction to cast Petitioner in a false light, taint the record on appeal, and secure an advantage for the State Bar of California and other defendants named in her Section 1983 case.”

33.       On September 24, 2012, Plaintiff’s petition was considered by the U.S. Supreme Court Justices in a formal conference.

34.       On September 28, 2012, the Central District announced Judge Collins was vacating her position as Chief Judge two years early and without an explanation.

35.       On October 1, 2012, the U.S. Supreme Court denied Plaintiff’s petition without an opinion.

36.       Plaintiff asserts the answer to her question presented, supra, is “yes.”

E.        Motion for Federal Grand Jury Investigation

37.       Plaintiff also appears to request commencement of a federal grand jury investigation regarding criminal counterparts to Plaintiff’s private action civil causes of action under the Racketeer Influenced & Corrupt Organizations Act (RICO), Title 18 U.S.C. §1962.

38.       Accordingly, Plaintiff directs this Motion to U.S. Attorney André Birotte, Jr. of the U.S. Attorney General’s Office of the Central District Court of California for response.

39.       Said criminal counterparts include Title 18 U.S.C. §201; [6] §1503; [7] §1510; [8] §1341; [9] §1343; [10] §1344; [11] §1511; [12] §1512;  [13] §1513; [14] §1957; [15] and §§2314, 2315. [16]

40.       Plaintiff’s §1983 case has the elements of a civil RICO claim, to wit:  The conduct of an enterprise through a pattern of racketeering activity (i.e., multiple acts of mail fraud, wire fraud, and extortion) caused injury to Plaintiff’s personal property, intellectual property, and businesses. [17]

41.       Plaintiff’s civil RICO claims also include pecuniary losses caused by law enforcement racketeering. In October 2009, Plaintiff was subjected to a State Bar-premeditated beating in custody by five male sheriffs resulting in injuries that limit her ability to work.  These injuries were exacerbated by San Bernardino official attempts to conceal same. [18]

42.       Also, the enterprise “conspired to violate §1962(c)” because evidence demonstrates knowledge and agreement to facilitate a scheme that includes the operation or management of a RICO enterprise.” [19]

43.       An individual enterprise member does not have to perform the predicate acts to be liable. [20]

44.       “A corporation may engage in a RICO conspiracy with its own officers and representatives … Section 1962(d) applies to intracorporate, as well as intercorporate conspiracies.” [21]

45.       Many members of the enterprise have demonstrated “a pattern of racketeering activity with sufficient continuity so as to pose a threat of continued criminal activity.” [22]

46.       One of these members is UDR, Inc. whose first offense was on February 11, 2009 and its most recent, October 16, 2012.

47.       The large volume of cases filed by UDR, Inc. against Plaintiff is directly proportionate to the volume of criminal acts UDR has committed and wants to conceal.

48.       This is because UDR, Inc. “is not a legal entity,” and “cannot sue or be sued.” [23]  As a real estate investment trust, it is “simply a collection of assets and liabilities,” [24] and “is not a ‘person’ but rather a fiduciary relationship with respect to property.” [25]

49.       However, this hasn’t limited UDR litigation, the common objective of which is interference in Plaintiff’s protected property and business interests.

50.       “Legal title to property owned by a trust is held by the trustee,” [26] and “as a general rule, the trustee is the real party in interest with standing to sue and defend on the trust’s behalf.” [27]

51.       Therefore, even though Colorado-based UDR, Inc. did not perform the predicate acts, it is still liable, supra, as are all the enterprise members that performed the predicate acts on UDR, Inc.’s behalf.

52.       These members include judges of the Orange County Superior Court, the Orange County Board of Supervisors, District Attorney, Public Defender, Sheriff’s Department as well as many federal court judicial officers and San Bernardino County officials. [28]

53.       Plaintiff asserts protection and reporting credit under the Dodd-Frank Wall Street Reform & Consumer Protection Act pursuant to the publicly-traded status of UDR, Inc.        54.       Plaintiff asserts protection and reporting credit under the IRS Tax Relief and Health Care Act of 2006 pursuant to the real estate investment trust status of UDR, Inc.

F.         The RICO Common Purpose & Underlying Fraud

55.       Enterprise members conspired to violate the RICO participation provision by agreeing to participate as an enterprise in ongoing civil and criminal actions against Plaintiff.

56.       The RICO Common Purpose:

Enterprise members acted to prevent Plaintiff from advancing public awareness and support for unified petitions for redress on behalf of California consumers and tenants harmed by loan modification fraud and unlawful residential lease agreements.

57.       The RICO Underlying Fraud:

Enterprise members acted to eliminate any competing influences addressing restitution to California consumers and tenants that could interfere in obtaining settlement agreements with banks California officials knew would not be used to make restitution to consumers and tenants.

58.       Plaintiff’s asserted common purpose and underlying fraud, supra, is supported by California’s “Statement of Use” in each bank settlement agreement confirming that the bank settlements were never intended to make restitution to consumers and tenants.

59.       The California Attorney General was allocated $410 million under the bank settlement agreements, none of which is set aside for restitution to consumer and tenants.

60.       The Statement of Use begins:  “The payment to the California Attorney General’s Office shall be used as follows:  Ten percent of the payment shall be paid as a civil penalty and deposited in the Unfair Competition Law Fund.”  This point is not for the benefit of consumers; rather provides funds for the discretionary use of the CA-AG.

61.       The Statement of Use continues:  “The remainder shall be paid and deposited into a Special Deposit Fund created for the following purposes:

a.         administration of the terms of this Consent Judgment;

b.         monitoring compliance with the terms of this Consent Judgment;

c.         enforcing the terms of this Consent Judgment;

d.         assisting in the implementation of the relief programs and servicing  standards as described in this Consent Judgment; and

e.         supporting the Attorney General’s continuing investigation into misconduct in the origination, servicing, and securitization of residential mortgage loans.

62.       The above five uses (“a-e”), are not for the benefit of consumers; rather provides funds for the discretionary use of the CA-AG.

63.       The Statement of Use continues:

f.          funding consumer fraud education, investigation, enforcement  operations, litigation, public protection and/or  local consumer aid;

g.         providing borrower relief;

h.         funding grant programs to assist housing counselors or other legal aid agencies that represent homeowners, former homeowners, or renters in housing-related matters;

i.          funding other matters, including grant programs, for the benefit of California homeowners affected by the mortgage/foreclosure crisis; or to engage and pay for third parties to develop or administer any of the programs or efforts described above.

64.       The above four (and final) uses (“f-i”), are also not for the benefit of consumers; rather simulate same by giving an “either or” scenario including an option providing for the discretionary use of the CA-AG or friends of the CA-AG.

65.       For example, in “i,” one of the options is “for the benefit of California homeowners,” while the other option is for the benefit of CA-AG friends: “to engage and pay for third parties to develop programs.”

66.       And finally, the use in “g,” is deceiving because the CA-AG fails to state that borrowers will not receive relief directly; rather, the borrower’s bank will receive relief.

67.       The bank settlement agreements fail to make restitution to California consumers and tenants.

68.       The bank settlement agreements violate the First and Fourteenth Amendment rights of California citizens to access and petition the courts for redress of grievances.

69.       California Attorney General Kamala D. Harris knowingly negotiated a deal that could only benefit herself and other California officials.  Her knowledge of same is evidenced by the fact she did not personally sign the agreements like the other state attorney generals.

G.        Plaintiff’s Unified Petitions for Redress

70.       In comparison, Plaintiff’s unified petitions for redress advocated immediate payment to consumers and tenants through existing channels established by state law for this specific purpose.

71.       Plaintiff’s petitions sought to hold accountable the State Bar and DRE, prominent RICO enterprise members as far back as January 2009.

72.       First, Plaintiff championed a Petition for Writ of Mandate to the California Supreme Court for an order mandating the State Bar and DRE make restitution to consumers harmed by their members.

73.       The State Bar’s “Client Security Fund” and DRE’s “Customer Recovery Account,” were specifically set up for this purpose.

74.       The vast majority of consumer harm was caused by attorney members of the State Bar colluding with mortgage and real estate members of the DRE.

75.       This collusion occurred when attorneys lent their law license to DRE members to help them circumvent the law prohibiting the collection of advanced fees by non-attorneys.

76.       The result was hundreds of “law firms” offering loan modification services but few if any actually employed lawyers.

77.       Consumers were defrauded by inducement; i.e., by the law firm name and legal retainer agreements.  The State Bar did nothing to protect consumers.

78.       The DRE advanced the fraud by publishing its “No Objection Letter” list that it claimed contained members “screened” and approved to accept fees in advance.

79.       The only screening criteria was the ability to pay to be on the list.

80.       The State Bar and DRE must be held accountable for California consumer harm; particularly now that the bank settlement agreements failed.

81.       Second, Plaintiff championed a class action lawsuit against UDR on behalf of its California tenants.  As foreclosures increased so did the rental market and landlord fraud.

82.       UDR’s Residential Lease Agreement (“RLA”) was void, as a matter of law, as it failed to comply with California landlord-tenant law.

83.       The preliminary causes of action included:

a.         UDR charges “early lease termination liquidated damages” penalties in violation of California Civil Code §1671.

b.         UDR charges late fees that are overstated, contrary to recent California case law and rulings,[29] and are unlawful liquidated damages.

c.         UDR intentionally contracts with tenants using false names to obtain and sustain a legal advantage over its tenants resulting in diminished tenant-based litigation.

d.         UDR fails to state the name, address and telephone number of its the agent for service of process on its as required by California Civil Code section 1962.

e.         UDR illegally profits from its Ratio Utility Billing System (RUBS) in violation of California Public Utilities Commission (CPUC) regulation prohibiting a non-utility from “selling” energy or water.

f.          UDR’s RUBS formula is vague, ambiguous and unintelligible and as such, violates public policy.  In order for a tenant to calculate its fair share of utilities including common area usage, it must decipher the following formula:

Total monthly utility cost for the community (minus an allowance for common area use if applicable [which is not applicable in the present case]) divided by the number of persons residing at the community times the number of persons residing in the Premises using the applicable ratio multiplier [1 person = 1; 2 persons = 1.6; 3 persons = 2.2; 4 persons = 2.6; 5 persons = 3; each additional person, add..4 to the multiplier.

g.         UDR maintains a double revenue stream charging tenants under its RUBS to source the energy and water being supplied to the onsite public laundry rooms and charges them to use the coin-operated machines.

h.         UDR illegally defers injury liability via its “hold harmless” clauses in violation of California Civil Code §1668 to prevent liability for its negligent maintenance of habitable premises.

i.          UDR withholds security deposits in violation of California Civil Code §1950.5.by charging sums that are landlord’s operating costs and responsibility.

j.          UDR illegally evicts its tenants by enforcing illegal leases in collusion with the Orange County Superior Court judicial system.

84.       The reason why California is always the largest profit center for UDR is because it unlawfully profits from violation of state law.

85.       UDR uses the ill-gotten gains from California to support the growth of its portfolio in other parts of the United States.

86.       As she did with the State Bar and DRE, Plaintiff championed restitution from the source of the fraud, UDR.

G.        Motion for Federal Injunction Against State Court Prosecutions

87.       UDR's violations of state and federal civil and criminal law unmistakenly constitutes a sufficient cause to issue a federal injunction against UDR's pending state court prosecutions.

88.       UDR's pending state court prosecutions are two criminal contempt cases brought against Plaintiff for allegedly violating its December 11, 2009 permanent injunction in a civil defamation case UDR did not have standing to file on June 29, 2009.

89.       However, UDR's attorneys filed the contempt case a year post-judgment as civil contempt on Family Law Judicial Council forms pursuant to California Code of Civil Procedure §1209, et seq.

            90.       On February 1, 2011, Judge Miller appointed the Orange County Public Defender to "represent Plaintiff's legal interests due to the possibility of incarceration," (for a definite term, not coercive confinement) but the public defender acted to protect Judge Miller.

91.       Judge Miller also allowed UDR's attorneys to pose as district attorneys; denied Plaintiff's Sixth Amendment rights as a criminal defendant; sat to adjudicate his own contempt order; and issued a bench warrant for Plaintiff's arrest on the same day he was served with Plaintiff's §1983 Complaint.

92.       Judge Miller's attorney filed Motions to Dismiss but on both occasions failed to include a Declaration or any other form of competent evidence.

93.       Plaintiff's petition to the U.S. Supreme Court was grounded on Judge Miller's unconstitutional permanent injunctions.

94.       While Plaintiff's petition was pending, Judge Gee dismissed Judge Miller from her §1983 Complaint in his official capacity.

95.       Her order justified Judge Miller taking a bribe claiming even that did not preclude him from asserting absolute judicial immunity.

96.       The fact of Judge Miller's acts in the clear absence of jurisdiction were not even considered.

97.       In Ex parte Young, the U.S. Supreme Court held that the federal  courts  would  be justified  in  exercising  their  power  to  enjoin  state proceedings  where  state  officials  "threaten  and  are  about  to  commence proceedings,  either  of a  civil or  criminal  nature, to  enforce  against  parties affected  an  unconstitutional  act."

98.       In Dombrowski v. Pfister, [30] the U.S. Supreme Court contemplated when federal courts must intervene in state court actions for “failure  on  the  part  of  the  state  courts  to follow  the  Constitution.”

99.       The Supreme Court decided it is incumbent on the federal courts to intervene “in the interest  of making  certain  that  clear  constitutional  principles  relating  to  fundamental personal  rights  are  applied  at  the  outset  of  state  action  rather  than years  later.”

100.     Further, the Supreme Court considered when federals court are justified in conducting  “a federal  trial  on  the  merits of  a  Civil  Rights  Act  conspiracy  claim  and  a  temporary  injunction  to preserve  federal  jurisdiction  of  the  matter.”

101.     It concluded that the following circumstances warrant said trial and injunction, all of which apply to Plaintiff’s case:

a.         “Prosecution (or other injurious action)  is strongly threatened  against the plaintiffs,  the reasonably likely effect  of which was to discourage others from associating with plaintiffs and from joining in their cause.”

b.         “The seizure of records, the absence of which imposed a serious hardship upon the individual plaintiffs and threatened to put an end to the plaintiff association activities in the area of speech and association on behalf of certain beliefs and  programs.”

c.         “A charge that the prosecutions threatened and commenced were utterly groundless and commenced solely for the purpose of harassing plaintiffs, punishing them for engaging in constitutionally protected activities, and putting an end to their advocacy  of locally unpopular views.”

d.         “Federal action commenced after state prosecution was publicly  threatened but before prosecutions were actually commenced by indictment.”

e.         “Irreparable injury was found to exist in the circumstances; and as such, justification for an  injunction against the state proceedings and that this finding was based  upon a claim of substantial loss or impairment of freedoms of expression was being imposed  upon the plaintiffs.”

102.     Thus, the U.S. Supreme Court in Dombrowski chose to base its decision regarding an injunction on “the protection of those fundamental freedoms which it has repeatedly characterized as  essential to the maintenance of individual integrity and the free flow of  ideas  in  a democratic  society.”

103.     This Motion is based on the Motion, supra, supported by the herein Memorandum of Points & Authorities, Declaration of Erin K. Baldwin, and [Proposed] Order.  Dated:              October 31, 2012                                         Respectfully submitted,

_________________________________

Erin K. Baldwin

Plaintiff, Pro Se

 

 

 

 

MEMORANDUM OF POINTS AND AUTHORITIES

1.         Plaintiff’s §1983 case originated in state court where parties brought and maintained cases without standing, the courts failed to establish jurisdiction, judgments were entered without due process of law, and Plaintiff was prosecuted for exercising her protected First Amendment rights.

2.         In Dombrowski v. Pfister, [31] The U.S. Supreme Court held:

“The state judicial systems are entitled to  operate free from federal interference only so long as they provide adequate protection to  constitutional rights in the cases which come before them.

“If they neglect such  rights … the  Federal  Constitution  requires  that  state  court independence  be  limited … because  the  policies  of  the  Constitution  must  always  prevail  over  any  presumed  state  prerogative  if  the basic  framework  of  our  constitutional  government  is  to  remain  intact.

“State courts do not have an absolute right, in the name of state court independence, to ignore the Constitution or to be less than zealous in enforcing it.  And it is unquestionably the proper function of the Supreme Court to define what constitutes appropriately zealous enforcement.”

3.         Indeed, one of the primary arguments for passage of the Civil Rights Act of 1871 was  “that the federal government was unworthy of existence if it could not protect its citizens’  fundamental rights.”

4.         On August 16, 2011, Plaintiff filed her Section 1983, Civil Rights Act of 1871, Complaint to protect her fundamental rights.

5.         Since that date, she has been terrorized by the federal court system with which she relied to provide a remedy for violations to her constitutional rights.

6.         What is Plaintiff to do if the Chief Judges of the federals courts she is mandated to appear before lie, cheat and deny her inalienable rights?

7.         With great hope and expectation, Plaintiff prays for relief based on the Motion, supra, and supporting law, infra.

8.         There are many issues of law at play in this Motion, some that for clarity purposes were argued, supra.  The remaining issues fall into two distinct categories:

a.         Arguments in support of Plaintiff’s continuing objective of redressing violations of her constitutional rights (“Section I: Moving Forward”); and

b.         Arguments in support of removing obstacles hindering Plaintiff’s ability to redress violations of her constitutional rights (“Section II: Moving Past”).

/ / /

SECTION I:    MOVING FORWARD

A.        Leave to Amend

9.         Plaintiff’s requests leave to amend her §1983 Complaint for the reasons stated in the motion, supra, and here.

10.       Plaintiff has been waiting nearly a year to amend and there appears no legitimate reason to deny and a plethora of reasons to grant.

11.       The Ninth Circuit maintains a liberal approach to requests for leave to amend to such an extent that a denial of same is considered a final and appealable order (see, Scott v. Eversole Mortuary, supra).

12.       This is particularly true as to Section 1983 pro se litigants.  “We liberally construe a plaintiff’s pro se section 1983 pleadings.” [32]

13.       “In civil rights cases where the plaintiff appears pro se, the court must construe pleadings liberally and afford the plaintiff any benefit of the doubt.” [33]

14.       “Before dismissing a complaint, the district court should give a pro se plaintiff an opportunity to amend, unless it is absolutely clear the complaint’s deficiencies cannot be cured by amendment.” [34]

B.        The RICO Enterprise:  First Tier

15.       The RICO Enterprise began with five major banks [35] seeking to settle consumer claims for pennies on the dollar in exchange for a moratorium on consumer litigation. This group relied on California state officials and UDR, Inc. to clear the path to settlement.

16.       The California state officials included the California Attorney General’s Office; State Bar of California; California Department of Real Estate; and UDR, Inc. together with its operating partnership, United Dominion Realty, L.P. that was directly benefiting by way of collective retaliation and the direct correlation between the rise in foreclosures and the rise in rental income accompanied by the decrease in vacancy rates.

17.       However, none of these state agencies (or UDR, although it tried) had standing to sue Plaintiff as she was neither an attorney, real estate professional, or criminal. Therefore, these state agencies fabricated cases against Plaintiff, none of which had standing or established jurisdiction.  The first six are outlined below:

C.        An Invalid Entity Sues An Unknown Business Entity

18.       This first case filed was Parsa Law Group, APC v. Bad Biz Finder, an unknown business entity.  Parsa Law Group was not:  (a)  a valid professional law corporation (APC), (b) the real party in interest; or (c) eligible to offer legal services to the public due to James Parsa’s 2001 multiple convictions of statutory rape.

19.       But the real parties in interest / proper plaintiffs, InKor Holdings and non-attorney Arash “Alex” Dastmalchi were in hiding and did not want to be named because they were breaking the law. Plaintiff described the salient collusory relationship, supra. 

            20.       A State Bar member attorney, Parsa, lent his law license to a non-attorney member of the DRE, Dastmalchi, to help Dastmalchi get around the law prohibiting everyone but attorneys from taking advance fees for loan modification services.

21.       However, the sub rosa parties in interest were the aforementioned state agencies, aka top tier enterprise members.

22.       The defendant, Bad Biz Finder, was named as “an unknown business entity,” (an unlawful twist on “a business entity of unknown form”).  In fact, Bad Biz Finder was only a DOE Defendant that could not, on its own, sustain the Complaint.

23.       As such, the Complaint was filed without a valid plaintiff or valid defendant and as such, subject matter jurisdiction was never established.

D.        Parsa Law Group Attorney Violate Federal Law to Identify Blog Owner

24.       However, Parsa’s attorneys, Burkhalter, Kessler, Goodman & George (“BKGG”) were working fast to remedy this fatal defect and in the process violated federal law many times.

25.       Beginning just one day after filing the complaint (and before serving it on a defendant as required by discovery rules) BKGG began issuing a series of subpoenas under the authority 18 U.S.C. §2703(c)(2), the United States Code section reserved exclusively for government subpoenas and without a notice requirement to the defendant.

26.       These subpoenas were issued to four companies: Road Runner Holdco, LLC; Road Runner High Speed Data; American Online, Inc.; and  Time Warner, Inc.

27.       In addition to  numerous violations of 18 U.S.C. §2703(c)(2), BKGG also violated 47 U.S.C. §551(c), the “Federal Cable Privacy Act,” that prohibits a cable operator from disclosing “personally identifying information concerning any subscriber without the prior written or electronic consent of the subscriber concerned,” or a court order.

28.       For these specific reasons, the California Constitution has made a right to privacy akin to all other inalienable rights such as freedom of speech, etc.  Therefore, BKGG also violated Plaintiff’s constitutional rights under the California Constitution and her due process rights under the U.S. Constitution.

29.       On March 6, 2009, BKGG filed a fraudulent First Amended Complaint in which it stated, “As the result of a costly and thorough investigation, Erin Baldwin has been identified as the owners of Bad Biz Finder.” However, no competent evidence was provided.

30.       On March 18, 2009, BKGG provided documents to the court it claimed supported adding Plaintiff as a defendant.

31.       First, a letter naming Beverly Sullivan (not Plaintiff) as the sole subscriber of badbizfinder@aol.com; and second, an unmarked document that allegedly identified the I.P. address used to set up the blog, Bad Biz Finder.

32.       Neither document supported adding Plaintiff as a defendant.  Nonetheless, on March 19, 2009, BKGG filed a Second Amended Complaint adding Plaintiff and Beverly Sullivan as individuals into the caption as defendants.

33.       The statement in the body was revised: “As the result of a costly and thorough investigation, Erin Baldwin and Beverly Sullivan have been identified as the owners of Bad Biz Finder.”

34.       No further amended complaints were filed presenting additional supporting evidence. As such, at no time did the Court have jurisdiction over this case, or over Plaintiff.

35.       However, these fatal flaws disappeared on or about May 29, 2009 when the State Bar arranged a bribe to Judge Miller which he accepted in exchange for entering a permanent injunction and $604,515.66 default judgment against Plaintiff.

36.       On May 27, 2009, BKGG dismissed Beverly Sullivan from the case as an individual.  However, on the June 2, 2009 final judgment , she was resurrected as an alias of Plaintiff.

37.       Although no evidence was ever produced to support naming Plaintiff as a defendant, the caption on the final judgment was revised to read:

Bad Biz Finder, an unknown business entity; Erin K. Baldwin, an individual, aka Beverly Sullivan [written in and initialed].

38.       However, in the text of the order, the defendant definition was changed to:

Bad Biz Finder, an unknown business entity; Erin K. Baldwin, an individual and doing business as Bad Biz Finder.

E.        Four More Cases in Three Weeks

39.       The Parsa Law Group Judgment became the boilerplate for 3 additional defamation cases and 1 contempt case brought separately against Plaintiff in a three week period.

40.       Three of the four were brought by BKGG, all absorbed (without independent inquiry) the fraudulent naming of Plaintiff as a defendant.  Therefore, just like the Parsa Law Group case, all of these cases failed for lack of jurisdiction from the beginning.  They are:

a.         On June 29, 2009, BKGG filed another defamation case:  UDR, Inc. v. Erin K. Baldwin, an individual, also known as Bad Biz Finder and Beverly Sullivan. The result was identical to the Parsa case: Default Judgement with Permanent Injunction.

b.         On July 13, 2009, BKGG filed another defamation case:  Solutions Law Group, LLC; Solutions Processing, LLC; Jeffrey A. Cancilla; and Craig M. Laverty v. Erin K. Baldwin, an individual, also known as Bad Biz Finder and Beverly Sullivan. This case was dismissed in favor of Plaintiff.  Both Jeffrey Cancilla and Craig Laverty were suspended from the practice of law.

c.         On July 20, 2009, BKGG inspired: Traut Law Group v. Bad Biz Finder, an unknown business entity, Erin Baldwin, and Does 1-10, inclusive.  This case was dismissed in favor of Plaintiff.  Both Eric Traut and James Traut were prosecuted by loan modification fraud by the Colorado Attorney General’s Office.

d.         And in between the defamation cases, on July 14, 2009, BKGG filed a contempt case in the Parsa Law Group alleging violations of the injunction.  On September 13, 2010, the case was dismissed in favor of Plaintiff, after she spent 35 days in jail on a bogus bench warrant issued by Judge Miller on August 31, 2009.

41.       BKGG never filed Writs of Execution in connection with the monetary judgments in the Parsa Law Group and UDR cases.

D.        UDR Failed to Establish Jurisdiction in Retaliatory Eviction Cases

42.       The next two cases were retaliatory eviction cases filed by UDR Villa Venetia Apartments, L.P., a wholly owned subsidiary of UDR, Inc.

43.       The cases were assigned to Commissioner Richard E. Pacheco who was required but failed to “obtain a stipulation to hear an unlawful detainer matter,” required under the California Constitution, California Rules of Court, and California Appellate case law to establish jurisdiction. [36]

44.       A proper unlawful detainer action must establish “a landlord/tenant relationship between the plaintiff and the defendant.” [37] Said relationship never existed between Plaintiff and UDR because Plaintiff never executed a contract with UDR Villa Venetia Apartments, L.P. ; she had a contract with an entity described as, “Villa Venetia.”

45.       On page one of the complaint, UDR falsely claimed it “had complied with the fictitious business name laws, and was doing business under the name of Villa Venetia.”

46.       As corroborated by Orange County Assessor records, the entity name “Villa Venetia” was and is an expired fictitious business name of the former owner of the property, Essex Property Management (“Essex”).

47.       After Essex sold the property to Defendant UDR in 2004, the name “Villa Venetia” expired without UDR taking steps to incorporate it into its operations.

48.       Nonetheless, UDR fraudulently used the name to contract with tenants for the purpose of maintaining a legal advantage over tenant-based litigation. To this end, UDR also failed to state the name and address of its agent for service of process in violation of California Civil Code §1962.

49.       This case was brought and maintained against Plaintiff without first establishing  subject matter jurisdiction.  [38]

50.       The “lack of jurisdiction is so fundamental a defect that the rule permits a judge to recognize it sua sponte at any time.  Among the reasons for this sound rule is that judicial resources are  precious, particularly in view of the courts’ steadily burgeoning caseload, and they should not be dissipated in futile proceedings.”  [39]

51.       Three days after UDR dismissed the first case in Plaintiff’s favor it filed a second and identical complaint with the same claims, notices and circumstances.

52.       UDR knew it was required to set aside the first complaint as to “the entire complaint and all claims,” to begin the eviction process again, and wait for new notices to expire prior to filing a second complaint.

53.       However, UDR filed it anyway, the case was assigned to Comm. Pacheco who once again failed to give notice to Plaintiff that she had a right to withhold consent to his hearing the case.  Just like the first case, jurisdiction was never established.

54.       Therefore, no legitimate legal controversy ever existed, the case was sham litigation, ab initio, because the complaint “was not made out of a genuine interest in redressing grievances, but as part of a pattern or practice of successive filings undertaken essentially for purposes of harassment.” [40]

55.       Because one of UDR’s jobs in the RICO Enterprise was to seize plaintiff’s property and business interests it had to quickly separate Plaintiff from her home without notice so it could then go in and take her property.  And that is what it did. (See Decl., infra.)

E.        Plaintiff is Entitled to Treble Damages in RICO Claims

56.       The genesis of Plaintiff’s RICO causes of action occurred on or about May 29, 2009 when Defendants offered Judge Miller a financial bribe in exchange for a favorable ruling.  Since then, mail and wire fraud has been an ongoing method of keeping Plaintiff “in the dark,” terrorizing her with threats of violence, and isolating her from friends and family to prevent her from obtaining support sufficient to raise a defense.  They comprise a pattern of racketeering activity namely, numerous predicate acts based on mail fraud, wire fraud, bribery, extortion, and embezzlement. [41]

57.       Defendants are civilly liable to Plaintiff for treble damages in connection with its pattern of racketeering activity that resulted in the physical taking of Plaintiff’s personal property on three separate occasions, i.e., June 19, 2009, on or about August 31, 2009, and on or about February 25, 2010 by multiple predicate acts of extortion, embezzlement, mail fraud, wire fraud, and bribery.

58.       Defendants are civilly liable to Plaintiff for treble damages in connection with its pattern of racketeering activity that resulted in the physical taking of Plaintiff’s intellectual property on sixteen (16) occasions over the past three (3) years by multiple predicate acts of extortion, embezzlement, mail fraud, wire fraud, and bribery.

59.       Defendants are civilly liable to Plaintiff for treble damages in connection with its pattern of racketeering activity that resulted in the physical taking of Plaintiff’s business consulting practice by multiple predicate acts of extortion, embezzlement, mail fraud, wire fraud, and bribery.

F.         Fraud Upon the Court

60.       The two major elements of Plaintiff’s arguments are lack of jurisdiction and fraud upon the court.  One cannot occur without the other.  They are inextricably linked.

61.       Fraud upon the court is fraud intentionally committed by officers of the court including judges, attorneys [42] and court staff. [43]   The U.S. Supreme Court held: “… fraud upon the court is an affront to the administration of justice, a litigant who has been defrauded need not establish prejudice.;[44] and the Ninth Circuit held, “… the perpetrator of the fraud upon the court should not be allowed to dispute the effectiveness of the fraud after the fact.”  [45]

62.       This fraud upon the court resulted two in state court judgments in defamation cases brought to chill the exercise of Plaintiff’s protected speech rights.

63.       The U.S. Supreme Court held:

a.         “It is beyond question that a federal court may investigate a question as to whether there was fraud in the procurement of a judgment.”  [46]

b.         “A judgment rendered in violation of due process is void in the rendering States and is not entitled to full faith and credit elsewhere.” [47]

64.       The full extent of the fraud upon the Court was not discovered by Plaintiff until November 24, 2011.  This is the date she discovered that the state court that issued these judgments did so without first establishing jurisdiction over her.

65.       The U.S. Supreme Court held:

a.         “No judgment of a court is due process of law, if rendered without jurisdiction in the court or without notice to the party.”  [48]

b.         “When a Court rules and has no authority to do so, due process of law is violated, judicial immunity no longer exists, and the judgments are regarded as nullities, they are not voidable, simply void.”  [49]

c.         “Courts are constituted by authority … If they act beyond their authority, and certainly in contravention of it, their judgments and orders are regarded as nullities; they are not voidable, but simply void, and this is even prior to reversal.”  [50]

G.        Six Degrees of Separation

66.       All parties named herein acted to conceal violations of federal and state law by the California Attorney General’s Office (“Attorney General”), the State Bar of California (“State Bar”), the California Department of Real Estate (“DRE”), and landlord, real estate investment trust, UDR, Inc. (“UDR”).  These entities are collectively referred to as “State Agencies and UDR.”

67.       State Agencies and UDR intentionally and maliciously acted to defraud California consumers and tenants in connection with known illegal loan modification services and illegal California Residential Lease Agreements (“RLA”).

68.       State Agencies and UDR feared Plaintiff’s attempts to aid the same persons they sought to defraud would interfere in said intentional fraud and the State’s plan to settle consumer claims with major banks.

69.       Accordingly, State Agencies and UDR acted in concert with federal and state judicial officers, law enforcement, county agencies, and private parties, to silence Plaintiff’s speech.

70.       By so doing, Plaintiff’s constitutional rights were violated resulting in intentional interference in Plaintiff’s protected property, liberty, and privacy interests and deprived Plaintiff due  process of law.

71.       Judges Collins and Gee acted to conceal violations of federal and state law by State Agencies, UDR, and previously-assigned or peripherally-involved District Court Judges (collectively hereinafter referred to as, “District Court Judges,”) in connection with Plaintiff’s Section 1983 Case.

72.       These District Court Judges include: Central District Court Judges, David O. Carter and Josephine S. Tucker; Eastern District of Washington Judge Robert Whaley; and Central District Court Magistrate Judge Sheri N. Pym.

73.       District Court Judges acted to conceal violations of law by fellow Central District Court Judge Cormac J. Carney in connection with Plaintiff’s May 2011 Removal Cases prior to filing her Section 1983 Complaint.

74.       Judge Carney (and later, District Court Judges) acted to conceal violations of law by Orange County Superior Court (“OCSC”) Judge Franz E. Miller (“Judge Miller”) who in exchange for a bribe and in violation of Plaintiff’s First Amendment rights, issued state court judgments without jurisdiction or due process of law.

75.       These judgments were issued on behalf of State Agencies and UDR to restrain Plaintiff’s protected speech about matters of public concern prior to publication, and prevented Plaintiff from warning consumers and tenants about fraud targeting them by State Agencies and UDR.

76.       District Court Judges and Judge Carney also acted to conceal violations of law by other state court judges that acted to:  (a)  support the unconstitutional objectives of the judgments; (b) conceal the fact the judgments were invalid; (c) advance other civil cases and criminal charges against Plaintiff by enforcing judgments they knew were invalid; and (d) interfere in Plaintiff’s protected property, liberty and privacy interests.

77.       These other state court judges include, but are not limited, to California Supreme Court Chief Justice Tani Cantil-Sakueye; Los Angeles Superior Court Judge Carolyn Kuhl; OCSC Commissioner Richard E. Pacheco; OCSC Judges Craig E. Robison; Derek G. Johnson; Kim Dunning; and Karen L. Robinson; San Bernardino Superior Court Judges Michael E. Dest; Kyle S. Brodie; Steven Malone; John Martin; Donna Garza-Gunnell; Thomas Garza; and Gilbert Ochoa. (Collectively hereinafter referred to as, “State Court Judges.”)

78.       Judge Collins, Judge Gee and District Court Judges acted to directly prejudice Plaintiff’s appeals to the Ninth Circuit Court of Appeals (“Ninth Circuit”). As such, Plaintiff directs the herein Motion to Chief Judge Alex Kozinski (“Judge Kozinski”) for an order reinstating Plaintiff’s appeals, to wit:

a.         But for Judge Collins’ violation of federal law, Judge Gee would not have been assigned to Plaintiff’s Case.

b.         But for Judge Gee’s violation of federal law, orders deeming Plaintiff’s appeals frivolous and in bad faith would not have been made.

c.         But for orders prejudicing Plaintiff’s appeals, these appeals would not have been dismissed for lack of jurisdiction in opposition to established Ninth Circuit Appellate Jurisdiction.

79.       Ninth Circuit Chief Judge Kozinksi and Circuit Judges Mary S. Schroeder; Edward Leavy; Richard Clifton; S. Wallace Tashima; and Marsha S. Berzon (collectively hereinafter “Circuit Judges”) acted to conceal violations of state and federal law by State Agencies, UDR, Judges Collins and Gee and District Court Judges.

80.       Ninth Circuit Chief Judge Kozinski and Circuit Judges acted to prejudice Plaintiff’s Petition for a Writ of Certiorari to the United States Supreme Court.

81.       On September 24, 2012, Plaintiff’s petition was considered by the U.S. Supreme Court Justices in a formal conference.

82.       On September 28, 2012, the Central District announced Judge Collins was vacating her position as Chief Judge two years early and without an explanation.

83.       On October 1, 2012, the U.S. Supreme Court denied Plaintiff’s petition without an opinion.

84.       Plaintiff asserts the Central District maintains a practice and procedure through its “194″ Case Status to deliberately deprive pro se civil rights plaintiffs the right to withhold consent to a Magistrate Judge through its referral process and General Order 05-07.

85.       Plaintiff asserts that, in turn, the Ninth Circuit maintains a practice and procedure that sanctions improper orders made by Magistrate Judges in the clear absence of jurisdiction by denying appeals of orders made by Magistrate Judges in the clear absence of jurisdiction.

86.       Consequently,  pro se civil rights plaintiffs ar set up to fail in the Ninth Circuit from the filing through the denial of appeal.  This is unconscionable and must be reviewed.

SECTION II:    MOVING PAST

84.       Protecting a friend is a noble act but not under color of federal law, not to the prejudice of a party to an action, not with knowledge of unlawful acts, and certainly not with knowledge that said protection violates another person’s constitutional rights.

85.       All parties involved in Plaintiff’s case are human. Plaintiff asserts “to err is human, to forgive is divine,” but limits her forgiveness to acts admitted and reconciled.

86.       In a legal setting, reconciliation equals restitution, declaratory judgments, new orders, recanted orders, disciplinary action, and other official acts to right the wrongs done.

87.       To this end, Title 28 USC §1343 states:

“The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:

(1)        To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42;

(2)        To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent;

(3)        To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States;

(4)        To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.

88.       Beginning on August 16, 2011, when Plaintiff brought her case to court, all she wanted was fundamental fairness, due process and impartiality.  The result, to date, has been very disappointing.  Plaintiff believes this can be remedied and her case put back on the right track.  It is with the hope and expectation that Plaintiff presents this pleading.

Dated:    October 31, 2012                                         Respectfully submitted,

_________________________________

Erin K. Baldwin

Plaintiff, Pro Se

DECLARATION OF ERIN K. BALDWIN

I, ERIN K. BALDWIN, DECLARE:

1.         I bring this Motion in good faith to resolve outstanding matters in my Section 1983 case in order to achieve my original and only objective, to remedy intentional violations of my constitutional rights manifested in interference in my protected property, liberty, and privacy interests.

2.         I bring this Motion to contain unlawful activity in my case beginning on August 16, 2011 through and including the present and ongoing.

3.         I bring the issues contained in this Motion to the attention of Chief Judge George H. King (“Judge King”) of the Central District Court of California (“Central District”) with hope and expectation that he will acknowledge same and provide a solution for the future.

4.         I hereby declare that the facts set forth herein about my case in the Central District are true and correct in my current federal controversy.

5.         I also declare upon information and belief that these facts are true and correct for many others similarly situated as pro se litigants appearing before the Central District.

6.         I bring the issues contained in this Motion to the attention of Chief Judge Alex Kozinksi (“Judge Kozinski”) of the Ninth Circuit Court of Appeals (“Ninth Circuit”) with hope and expectation that he will acknowledge same and provide a solution for the future.

7.         I hereby declare that the facts set forth herein about my appeals and petitions to the Ninth Circuit are true and correct in my current federal controversy.

8.         I also declare upon information and belief that these facts are true and correct for many others similarly situated as pro se litigants appealing to the Ninth Circuit.

9.         I bring the issues contained in this Motion to the attention of United States Attorney André Birotte, Jr. of the United States Attorney General’s Office for the Central District Court of California with hope and expectation that he will offer a meaningful response to my request for commencement of a federal grand jury investigation.

10.       I hereby declare that the facts set forth herein about crimes committed against me are true and correct in my current federal controversy.

11.       I also declare upon information and belief that these crimes are true and correct for many others similarly situated as litigants in the Central District.

12.       I am not selfish and self-serving in my quest for justice and urge the courts to consider the big picture in orders made in response to this motion.

13.       My protected property interests have been severely and intentionally interfered with in order to prevent me from publicizing and advancing my unified petitions for redress and to conceal widespread culpability.

14.       On February 21, 2009, UDR seized my car from the apartment parking claiming it was void a tenant identification sticker. It was sold shortly thereafter.

15.       On June 15, 2009, Orange County Superior Court Administrator Kelli Beltran sent me an email confirming our appointment for June 23, 2009 and a stay on the UDR eviction until then.

16.       On June 16, 2009 Orange County Sheriff Deputy forcibly removed me from my apartment despite the stay.

17.       On June 19, 2009, UDR seized the entire contents of my apartment without cause or due process of law claiming I had abandoned it.  In California landlord-tenant law one does not abandon property, one can only abandon an apartment.

18.       Shortly thereafter, UDR’s attorney tried to extort $2,200.00 from me to recover property they unlawfully seized.

19.       On September 13, 2010, UDR’s attorneys confirmed that UDR sold my property to James Parsa to use as evidence against me and that they knew where my property was located.  However, my public defender refused to serve a subpoena for the return of my property.

20.       On August 31, 2009, Commissioner Richard E. Pacheco granted possession of my property in storage to Robert J. Abernethy (former Public Storage Board Member and current President of Standard American Corporation) with knowledge I had not been served with a complaint or other court processes and without notice of the hearings or opportunity to be heard to protect my property interests.

21.       Robert J. Abernethy is an associate of UDR, Inc. and after his request for default had been rejected four times by the clerk, UDR circumvented the system and set up a hearing before Commissioner Richard E. Pacheco who granted him possession.

22.       On or about February 25, 2010, all my personal property was once again seized without due process of law after I was falsely arrested and imprisoned for 35 days.

23.       I was told by the San Bernardino District Attorney that I could contact the Captain Greg Garland of the Big Bear Sheriff substation after my release and did so on many occasions, all of which were ignored.

24.       I have attempted many times to recover my property and no one will help me including my own public defenders from San Bernardino and Orange Counties.

25.       My protected liberty interests have been severely and intentionally interfered with in order to prevent me from publicizing and advancing my unified petition for redress and to conceal widespread culpability.

26.       On October 8, 2009 I was unlawfully seized without a warrant from 613 Big Bear Boulevard, Big Bear City, California for being a suspect in making an annoying telephone call.      I was falsely arrested, imprisoned, and beaten in custody by five male Big Bear Sheriffs while Tom Layton, State Bar Investigator (and ex-Los Angeles Sheriff) was present.

28.       On October 9, 2009, I was transported to West Valley Detention Center where the nurse ordered my immediate release for emergency medical treatment.

29.       On October 10, 2009, I was treated in the Bear Valley Emergency Room and later obtained a copy of my medical report that states three times that the attending physician deemed my injuries the result of an assault.

29.       On October 14, 2009 I requested a civil rights attorney from the ACLU-Southern California.

30.       On October 28, 2009, in connection with my October 8-9, 2009 beating in custody, the San Bernardino District Attorney charged me with two counts of assault on a peace officer, resisting arrest, giving false information to a pace officer, and violating a court order.

30.       On February 25, 2010 I was unlawfully seized from 1017 Mountainview, Big Bear City, California and falsely arrested and imprisoned without a warrant for 35 days during which time I never received a preliminary nor was I charged with a crime.

31.       On August 31, 2009, I was subjected to a civil bench warrant without probable cause and based on a case where the plaintiff had no standing to sue and the court never established jurisdiction.

32.       On August 16, 2011, I was subjected to a civil bench warrant for arrest without probable cause and based on a case where the plaintiff had no standing to sue and the court never established jurisdiction.

33.       On September 23, 2009, I was subjected to a written and executed “Private Party Arrest Warrant,” that has no legal force or effect during which time my property was searched without a legitimate warrant and computer serial numbers were documented.

33.       On October 17, 2009, I was subject to another written and executed “Private Party Arrest Warrant,” that has no legal force or effect signed by former housemate Keith White.

34.       I declare that the officials acting under color state law knew that I, my house and property was protected from unlawful search and seizure but violated it anyway.

35.       I declare the officials acting under color state law to process the Private Party Arrest Warrant knew it had not legal force or affect but used it anyway.

36.       I declare the officials acting under color state law that caused my arrests and incarceration knew there was no probable cause but arrested and incarcerated me anyway.

I swear under penalty of perjury and under the laws of the state of California that the facts contained herein and true and correct to the best of my knowledge.

Dated: October 31, 2012

___________________________________

Erin K. Baldwin, Declarant

Erin K. BaldwinPost Office Box 3141Beaumont, California  92223(678) 997-6893erinbaldwin@rocketmail.comPlaintiff, Pro Se   

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

ERIN K. BALDWIN, an Individual,Plaintiff,v.STATE BAR OF CALIFORNIA, et al.and Does 1-10,  Inclusive,Defendants. CASE NO.  5:11-cv-01300Unassigned Pursuant to28 U.S.C. §137[PROPOSED] ORDERAS TO PLAINTIFF’S MOTION FORDECISIONS WITHOUT FURTHER DELAY; FEDERAL GRAND JURY INVESTIGATION;FEDERAL INJUNCTION OVER STATE COURT PROSECUTIONS; ETC.

HAVING REVIEWED THE CASE AND PLEADINGS BEFORE THE COURT AND FINDING GOOD CAUSE, THE COURT ORDERS:

1.         Plaintiff’s request for leave to file a Third Amended Complaint is GRANTED.  Plaintiff shall file a Third Amended Complaint on or before January 1, 2013.

2.         Plaintiff’s request for equal privileges to electronic filing of all documents is GRANTED.  This order shall take effect immediately.

3.         Plaintiff’s request to serve her Third Amended Complaint and Summons to all parties via email is GRANTED.  If a defendant uses a corporate agent for service of process where an email address is not readily available, said defendant shall, upon Plaintiff’s request, provide an alternate email for service of process.  Service shall be deemed served upon receipt of electronic transmission.

4.         Plaintiff shall file a separate Proof of Service of Summons and Complaint for each defendant and shall include as an attachment to same a receipt of electronic transmission.

5.         Responsive pleadings shall be due thirty (30) days from the date Plaintiff files a Proof of Service of Summons and Complaint as described, supra.

6.         Plaintiff’s request for a generic retaliation cease and desist order directed to all named defendants to be served with the Third Amended Complaint is GRANTED.  Plaintiff shall prepare said order for the Court’s review.  Upon execution, the order shall take effect but Plaintiff shall serve each defendant a copy of same with the Third Amended Complaint.

7.         Plaintiff shall communicate with the court via Proposed Order any further acts of retaliation by defendants named in her case.  The court shall evaluate any acts of retaliation and shall address by order on a case-by-case basis appropriate sanctions.

8.         Plaintiff’s request for an order voiding the judicial assignment of District Court Judge Dolly M. Gee (“Judge Gee”) is GRANTED. Until further notice, Chief Judge George King shall preside over Plaintiff’s Section 1983 Case.

9.         Plaintiff’s request for an order voiding all orders of Judge Gee is GRANTED.  They shall have no legal force effective immediately.  This applies to the reinstatement of Judge Miller in his official capacity dismissed by order of Judge Gee.

10.       Plaintiff’s request for an order voiding the Ninth Circuit Court of Appeals Dismissal Orders in Case Nos. 11-57210; 12-55081; 12-55087; 12-70296; 12-56241; and 12-56572 is GRANTED.

11.       Plaintiff’s request for an order reinstating the appeals, setting briefing and oral argument before a Merits Panel in Ninth Circuit Case Nos. 11-57210; 12-55081; 12-55087; 12-70296; 12-56241; and 12-56572 is GRANTED.

12.       Plaintiff’s request for a decision on pending Petitions for Rehearing in Ninth Circuit Case Nos. 11-57210; 12-55081; 12-55087; 12-70296 is GRANTED.

13.       Plaintiff’s request for assignment of a Magistrate Judge for Discovery Purposes is GRANTED.  A Magistrate Judge for Discovery Purposes shall be assigned no later than November 15, 2012.

14.       Plaintiff’s request for an order commencing discovery is GRANTED. On or before November 15, 2012, the assigned Magistrate Judge shall issue same.

15.       Plaintiff’s request for a jury trial is GRANTED. A jury trial date will be set in coordination with the Magistrate Judge and upon filing and service of Plaintiff’s Third Amended Complaint on or before January 1, 2013.

16.       Plaintiff’s request for a Grand Jury Investigation is GRANTED.  Plaintiff shall coordinate these activities directly with the U.S. Attorney General’s Office to commence said investigation no later than November 15, 2012.

17.       The assigned U.S. Attorney shall include Plaintiff in all related interviews, teleconferences and internal meetings, and shall include Plaintiff in the distribution list of all related emails, correspondence and faxes.

18.       Plaintiff’s request for a federal injunction over state court prosecutions is GRANTED as to UDR, Inc. v. Erin K. Baldwin, Orange County Superior Court (“OCSC”) Case No. 30-2009-00125305.  No further proceedings in OCSC Case No. 30-2009-00125305 shall occur until further notice.

19.       Plaintiff’s request to recall the bench warrant ordered by Judge Miller on August 16, 2011 and issued on August 18, 2011 in connection with the first UDR, Inc. contempt case is GRANTED.  This Order shall be served on Judge Miller for processing.

20.       Plaintiff’s request for an order to proceed in forma pauperis in the Central District Court of California Case No. 5:11-cv-01300 is GRANTED.

21.       Plaintiff’s request for an order to proceed in forma pauperis in the Ninth Circuit Court of Appeals Case Nos. 11-57210; 12-55081; 12-55087; 12-70296; 12-56241; and 12-56572 is GRANTED.

22.       Any future related actions in the Central District or Ninth Circuit shall be granted in forma pauperis status upon filing.

23.       Plaintiff’s request for an order disqualifying Sarah Overton as counsel of record for Defendant Judge Miller is GRANTED in light of the inclusion of her as a defendant in Plaintiff’s Corrected Second Amended Complaint dated November   14, 2011 and likelihood she will be called as a material witness at trial.

24.       Plaintiff’s request for an order disqualifying the Orange County Public Defender (“OCPD”) as counsel of record for Plaintiff in OCSC Case Nos. 30-2009-00117752 and 30-2009-00125305 is GRANTED in light of the inclusion of the OCPD and individual OCPD attorneys to Plaintiff’s November 14, 2011 Corrected Second Amended Complaint and the likelihood of calling same as material witnesses at trial.  Said order is effective immediately.

25.       Plaintiff’s request for an order mandating release of her client files upon disqualification of the OCPD, in OCSC Case Nos. 30-2009-00117752 and 30-2009-00125305, is GRANTED including notes, memoranda, emails, correspondence, faxes, pleadings, exculpatory and inculpatory evidence, evidence collected and/or demanded, status of subpoena by UDR issued to San Bernardino Sheriff’s Department for any and all records pursuant to Case Nos. MSB906348, MSB905837 and FSB1000789, etc..

26.       Plaintiff’s request for a certified copy of all transcripts from cases in which she was the defendant in Orange County Superior Court is GRANTED, including Case Nos. 30-2009-00117752; 30-2009-00125305 (through and including the present October 16, 2012 hearing); 30-2009-00244203; 30-2009-00248999; 30-2009-00126004; 30-2009-00126328; 30-2009-00276399. Transcripts shall be delivered free of charge to Plaintiff no later than November 15, 2012.

27.       Plaintiff’s request for a certified copy of all transcripts and pleadings from cases in which she was the defendant in San Bernardino Superior Court is GRANTED.  These cases include Criminal Case Nos. MSB906348; MSB905837; FSB1000789; and Civil Case Nos. CIVHS900261; and FAMHS1000015. Transcripts shall be delivered free of charge to Plaintiff no later than November 15, 2012.

28.       Plaintiff’s request for a declaratory judgment ruling on whether the underlying Default Judgments with Permanent Injunctions are constitutionally sound is GRANTED.  This determination shall be decided no later than November 15, 2012.

IT IS SO ORDERED


[1]               See, Judge Gee Order of January 18, 2012: “On January 17, 2012, this case was administratively   reassigned to the present judicial officer.”

[2]               469 F.3d 1221, 1228-29 (9th Cir. 2006).

[3]               580 F.3d 922, 928 (9th Cir. 2009).

[4]               Citing Estate of Conners v. O’Connor, 6 F.3d 656, 658 (9th Cir. 1993).

[5]               Scott v. Eversole Mortuary, 522 F.2d 1110, 1112 (9th Cir. 1975).

[6]               Crimes related to bribery and concealment of the crime of bribery.

[7]               Crimes related to obstruction of justice and concealment of same.

[8]               Crimes related to obstruction of criminal investigations and concealment of same.

[9]               Crimes related to mail fraud and concealment of same.

[10]             Crimes related to wire fraud and concealment of same.

[11]             Crimes related to financial institution fraud and concealment of same.

[12]             Crimes related to obstruction of justice in law enforcement and concealment of same.

[13]             Crimes related to tampering, with a witness, victim, or informant and concealment of same.

[14]             Crimes related to retaliating against a witness, victim, or informant and concealment of same.

[15]             Crimes related to monetary transactions in property and concealment of same.

[16]             Crimes related to interstate transportation of stolen property and concealment of same.

[17]             Living Designs, Inc. v. E. I. Dupont de Numours and Co., 431 F.3d 353, 361 (9th Cir.2005); cert. denied,      126 S. Ct. 2861 (2006); Sedima v. Imrex Co., Inc., 473 U.S. 479, 496 (1985) (18 U.S.C. § 1962(c).

[18]             Guerrero v. Gates, 110 F. Supp. 2d 1287, 1293 (C.D. Cal. 2000).

[19]             United States v. Fernandez, 388 F.3d 1199, 1230 (9th Cir.2004), cert. denied, 555 U.S. 1043 (2005).

[20]             Salinas v. United States, 522 U.S. 52, 61–65 (1997).

[21]             Webster v. Omnitrition Int’l, 79 F.3d 776, 787 (9th Cir.1996).

[22]             Ticor Title Ins. Co. v. Florida, 937 F.2d 447, 450 (9th Cir.1991).

[23]             Presta v. Tepper (2009) 179 Cal.App.4th 909, 914[102 Cal.Rptr.3d 12]

[24]             Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1343-1344 [7 Cal.Rptr.3d 178].

[25]             Ziegler v.Nickel (1998) 64 Cal.App.4th 545, 548 [75 Cal.Rptr.2d 312].

[26]             Powers v. Ashton (1975) 45 Cal.App.3d 783, 787 [119 Cal.Rptr. 729].

[27]             Estate of Bowles (2008) 169 Cal.App.4th 684, 691 [87 Cal.Rptr.3d 122].

[28]             This list is not exhaustive.

[29]             California Civil Code §§1671 and 3302; Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7].

[30]             380 U.S. 479 (1965).

[31]             380 U.S. 479 (1965).

[32]             Lopez v. Department of Health Serv., 939 F.2d 881, 882-83 (9th Cir.1991).

[33]             Karim-Panahi v. Los Angeles Police Dep’t, 839 F.2d 621, 623 (9th Cir.1988).

[34]             Id. (citing Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987)).

[35]             Bank of America; Wells Fargo; CitiGroup; JP Morgan-Chase; and IndyMac.

[36]             Cal Const, Art VI, §22; CRC 2.816; Yetenekian v. Superior Court (1983) 140 CA3d 361, 366.]

[37]             Marvell v Marina Pizzeria (1984) 155 CA3d Supp 1, 5, 7–12, 202 CR 818.

[38]             An intentional violation of Plaintiff’s right to due process of law under the Fourteenth Amendment to the     U.S. Constitution and the Fourth Amendment of the California Constitution.

[39]             Bernstein v. Universal Pictures, Inc., 517 F.2d 976, 979 (2d Cir. 1975).

[40]             Kaiser Foundation Health Plan, Inc. v. Abbott Laboratories, Inc., __ F.3d __, 2009 WL 69269 (9th Cir.        Jan. 13, 2009) Kaiser at *12 (quoting USS-POSCO Indus. v. Contra Costa County Building &                Construction Trades Council, 31 F.3d 800, 810-11 (9th Cir. 1994)).

[41]             Organized Crime Control Act of 1970, Pub. L.  No.  91-452, § I, 84 Stat. 922 (1970).

[42]             Including, but not limited to, private attorneys, public defenders, and district attorneys.

[43]             Including, but not limited to, docket clerks, court reporters, administrators, courtroom clerks, and   sheriffs operating at or from the court.

[44]             Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944).

[45]             Dixon v. Comm’n of Internal Revenue, 2003 WL 1216290 (9th Cir. 2003).

[46]             Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575, 66 S.Ct. 1176, 90 L.Ed. 1447.

[47]             Pennoyer v. Neff, 95 U.S. 714, 732-733 (1878).

[48]             Scott v. McNeil, 154 U.S. 34, 46, 38 S.L. ed. 896,901, 14 Sup. Ct. Rep. 1108.  Old Wayne Mut.L.   Assoc. v. McDonough, 204 U.S. 8, 27 S. Ct. 260 (1907).

[49]             Williamson v. Berry 8 HOW. 945, 540 12 L.Ed. 1170, 1189 (1850).

[50]             Elliott v. Lessee of Piersol, 26 U.S. 1 Pet. 328 (1828)

Advocate Erin Baldwin Calls on USDC Chief Judge George H. King to Right the Wrongs of His Predecessor, Federal Judge Audrey Collins

November 2, 2012 § Leave a comment

Journalist Erin Baldwin calls on new Central District Court of California Chief Judge George King to right the wrongs of Former-Chief Judge Audrey Collins and District Court Judge Dolly M. Gee … see:  Former Chief Judge Audrey Collins Violated Federal Law

In the same filing she calls on United States Attorney General Office for the Central District Court of California, Andre Birotte to begin a Federal Grand Jury Investigation into fraud Baldwin has exposed … see:  Former Chief Judge Audrey Collins Violated Federal Law

In the same filing Baldwin calls on Ninth Circuit Court of Appeals Chief Judge Alex Kozinski to right to wrong in appeals prejudiced by Judge Dolly Gee and other judicial officers of the Central District Court of California … see:  Former Chief Judge Audrey Collins Violated Federal Law

 

 

REIT UDR (NYSE:UDR) Releases IPO Without Disclosing Risk Factors of Pending U.S. Supreme Court Case

September 23, 2012 § Leave a comment

cacorruptionwatch:

This case is going to conference before the U.S. Supreme Court TOMORROW, Monday, September 24, 2012.

Originally posted on cacorruptionwatch:

First, see, “Questions Presented” No. 5, then scroll down to

all the relevant parts highlighted in red.

No. 12-5413

——————————— ♦ ———————————

 In the

Supreme Court of the United States

——————————— ♦ ———————————

ERIN K. BALDWIN,

PETITIONER

v.

UNITED STATES DISTRICT COURT,

CENTRAL DISTRICT COURT OF CALIFORNIA,

AND FRANZ E. MILLER, ET AL.,

RESPONDENTS

——————————— ♦ ———————————

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

——————————— ♦ ———————————

SECOND SUPPLEMENTAL BRIEF

TO PETITION FOR A WRIT OF CERTIORARI

——————————— ♦ ———————————

Erin K. Baldwin

Post Office Box 3141

Beaumont, California 92223

678-997-6893

——————————— ♦ ———————————

i.

 QUESTIONS PRESENTED

Unchanged

            1.         Whether pro se Section 1983 plaintiffs (including Petitioner) are deprived of equal protection of the laws against their immunity-protected defendants by this Court’s decision to vacate the required constitutional inquiry…

View original 4,677 more words

REIT UDR (NYSE:UDR) Releases IPO Without Disclosing Risk Factors of Pending U.S. Supreme Court Case

September 22, 2012 § Leave a comment

First, see, “Questions Presented” No. 5, then scroll down to

all the relevant parts highlighted in red.

No. 12-5413

——————————— ♦ ———————————

 In the

Supreme Court of the United States

——————————— ♦ ———————————

ERIN K. BALDWIN,

PETITIONER

v.

UNITED STATES DISTRICT COURT,

CENTRAL DISTRICT COURT OF CALIFORNIA,

AND FRANZ E. MILLER, ET AL.,

RESPONDENTS

——————————— ♦ ———————————

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

——————————— ♦ ———————————

SECOND SUPPLEMENTAL BRIEF

TO PETITION FOR A WRIT OF CERTIORARI

——————————— ♦ ———————————

Erin K. Baldwin

Post Office Box 3141

Beaumont, California 92223

678-997-6893

——————————— ♦ ———————————

i.

 QUESTIONS PRESENTED

Unchanged

            1.         Whether pro se Section 1983 plaintiffs (including Petitioner) are deprived of equal protection of the laws against their immunity-protected defendants by this Court’s decision to vacate the required constitutional inquiry in Saucier v. Katz, [1] which was, in essence, the “pro se immunity” against government abuse.

            2.         Whether the Ninth Circuit erred by denying Petitioner a constitutional inquiry as to the validity of two permanent injunctions that restrain her speech prior to publication; and erred by dismissing her case for lack of jurisdiction without due process of law.

3.         Whether the District Court acted in the clear absence of jurisdiction and abused its discretion by writing prejudicial post-appeal orders without jurisdiction to cast Petitioner in a false light, taint the record on appeal, and secure an advantage for the State Bar of California and other defendants named in her Section 1983 case.

4.         Whether the June 2, 2009 Parsa Law Group injunction[2] issued, sub rosa, on behalf of the State Bar of California, inter alia, is an unconstitutional prior restraint, void for vagueness, overly-broad, fails to justify a compelling state interest and was ordered against Petitioner without jurisdiction and due process of law.

5.         Whether the December 11, 2009 UDR, Inc. injunction [3] is an unconstitutional prior restraint, void for vagueness, overly-broad, fails to justify a compelling state interest and was ordered against Petitioner without jurisdiction and due process of law.

 ——————————— ♦ ———————————

ii.

SUPPLEMENTAL

PARTIES TO THE PROCEEDINGS

            1.         Petitioner Erin K. Baldwin (“Baldwin”) hereby supplements the section entitled, “Parties to the Proceedings,” as filed on July 14, 2012.

2.         In accordance with Supreme Court Rule 12, “All  parties to the  proceeding  in the  court whose judgment  is  sought to  be  reviewed  are  deemed  parties  entitled  to file documents in this Court, unless the petitioner notifies the  Clerk  of this  Court  in  writing  of the  petitioner’s  belief  that one or more of the parties below have no interest in the outcome  of  the  petition.”

3.         All Respondents named in Baldwin’s August 2, 2012 “Proof of Service of Notice to Respondents,” and set forth, infra, are “parties to the proceeding  in the  court whose judgment  is  sought to  be  reviewed.”

4.         To date, Respondents have chosen not to file any documents in this Court.  However, Baldwin prays that this Court requires them to do so by granting certiorari and ordering their response.

5.         Respondents are:

The United States & United States District Court

Julie Barrera                                   Angela Bridges

Barbara Boxer                                 Cormac Carney

David Carter                                    Kimberly Carter

Cathy Catterson                             Richard Clifton

Audrey Collins                                Molly Dwyer

Monica Fernandez                          Dolly Gee

Susan Gelmis                                   Howard Hom

Alex Kozinski                                  Edward Leavy

Sheri Pym                                         Mary Schroeder

Peter Shaw                                       Allison Taylor

Josephine Tucker                           Lydia Yurtchuk

Robert Whaley

California State Court & Government

Richard Aronson                             Kyle Brodie

Edmund Brown                               Tani Cantil-Sakueye

Paul Cook                                         Michael Dest

Robert Dutton                                  Richard Fybel

Donna Garza                                    Thomas Garza

Thomas Harmon                             Derek Johnson

Carolyn Kuhl                                   Franz Miller

Kamala Harris                                 Darrell Issa

Steven Malone                                 John Martin

Gilbert Ochoa                                   Richard Pacheco

Steven Perk                                    Kathleen Rossi

Dwayne Roberts                              Karen Robinson

Craig Robison                                  Jodi Roa

William Rylaarsdam                      Janet Taylor

David Thompson                             Stacie Turner

County of Orange

Patricia Bates                                  Kelli Beltran

William Campbell                           Brian Cossairt

Joseph D’Agostino                          Steve Dunivent

Robert Franz                                   Denise Gragg

Elizabeth Henderson                     Sandra Hutchens

Deborah Kwast                                Thomas Mauk

George McFetridge                         John Moorlach

Wilfred Moreno                               Shawn Nelson

Jennifer Nicolalde                          Janet Nguyen

Frank Ospino                                   Anthony Rackauckas

Martin Schwarz                              Dana Stits

Jean Wilkinson                               T.J. Young

County of San Bernardino

Christopher Allen                           Lori Bachelor

Jay Blankenship                             Jean-Rene Basle

Errol Bechtel                                   Doreen Boxer

Michael Broadhurst                       William Campbell

Geoffrey Canty                                Dennis Christy

Alexander Collins                           Paul Cook

Neil Derry                                         Timothy Dixon

Pauline Domingue                          Lauri Ferguson

Robert Fonzi                                                William Gale

Greg Garland                                   Josie Gonzales

Craig Harris                                     Rod Hoops

Jeremy King                                                Jeffrey Lawrence

Deputy J. Long                                Matthew Marnell

Deputy J. Massey                            Michael McCracken

Brent Meelker                                 Brad Mitzelfelt

Phyllis Morris                                  Christopher Morsch

Gary Ovitt                                        Kelly Papp

Michael Ramos                                Kristie Richard

Jonathan Robbins                          Laura Robles

Janice Rutherford                           Brian Shedd

Mark Shoup                                     Doug Smith

Kawika Smith                                  Melinda Spencer

George Watson                                James Wijnhamer

David Williams                                Douglas Wolfe

City of Big Bear Lake

Elizabeth Harris                             Rick Herrick

Bill Jahn                                           Michael Karp

Darrell Mulvihill

State Bar of California

Lowell Carruth                                Joseph Chairez

Angela Davis                                   George Davis

Bonnie Dumanis                             Scott Drexel

Jeannine English                           Holly Fujie

William Gailey                                Clark Gehlbach

Teri Greenman                                Robert Hawley

William Hebert                                Rex Heinke

Patrick Kelly                                    Jayne Kim

Thomas Layton                               Micha Liberty

Wells Lyman                                    Paul O’Brien

Dennis Mangers                              Howard Miller

Victoria Molloy                                John Noonen

Jon Streeter                                     Russell Weiner

California Department of Real Estate

Wayne Bell                                       Barbara Bigby

Jeff Davi                                            Erik Duckworth

William Moran                                Traci Stevens

Dionne Young

Individuals In Joint Participation With State & Federal Officials Acting Under Color of Law 

Robert Abernethy                           Warren Adelman

Trip Adler                                         Matthew Akin

Harry Alcock                                    Dixie Allison

Martin Andelman                           Sandy Benson

Jason Bentley                                  David Berstein

Paula Boggs                                     Todd Brisco

Alton Burkhalter                            Jeffrey Cancilla

Gregory Clement                            Valerie Cofsky

Jason Crow                                       Mark Culwell

Arash (Alex) Dastmalchi               Dena Davis

Jerry Davis                                       Scott Dettmer

Michael Dolan                                 Gail (Neale) Elerding

John Elerding                                  Peter Eliasberg

Ellen England                                 Richard England

Michael Estrada                              Robert Freeman

Jared Friedman                              Debi Froude

Alan Gamache                                 Richard Giannotti

James Gilliam                                  Thomas Girardi

Eric Goodman                                  Jon Grove

Rebecca Hall                                    Karissa Harmon

Kathleen Harper                             Lucy Helm

Jane Hewitt                                      Melissa Hurtado

Maurice Kane                                  Daniel Kessler

Charles Kimball                              Nicholas Kohan

Craig Laverty                                  Rosamund Lockwood

Jason Mandler                                 Michael Masotto

Amanda McLaughlin                     David Messenger

Marilyn Moberg                              Lee Morgan

Matthew Mullenweg                      Nicholas Myers

Holly Naylor                                                Jessica Neuman

Dale Oberbeck                                 Krista Osborne

Sarah Overton                                 Samuel Parker

James Parsa                                     Deborah Parsa

Robert Parsons                                Yolanda Peterson

Cynthia Poer                                   Michael Ponzillo

Dana Prophet                                  Mahsa Rohani

Roya Rohani                                                Mark Rosenbaum

Tracy Saffos                                     Lynne Sagalyn

Mark Sandler                                  Toni Schneider

Howard Schultz                               Mark Schumacher

Kristen Scotti                                   Craig Sherman

Nigel Titley                                      Thomas Toomey

Eric Traut                                         James Traut

Warren Troupe                                Hector Villagra

Thomas Villeneuve                                    Dara Weiner

Scott Wesson                                    Keith White

Patricia White                                 Anne Zimmerman

[Baldwin reserves the right to amend this list at any time.]

——————————— ♦ ———————————

iii

TABLE OF CONTENTS

UNCHANGED ISSUES PRESENTED …………………………………………………………………………           i

SUPPLEMENTAL PARTIES TO THE PROCEEDINGS ………………………………………..………….           ii

TABLE OF CONTENTS …………………………………………………………………………………………..           iii

TABLE OF CITED AUTHORITIES ……………………………………………………………………….…..          iv

SECOND SUPPLEMENTAL STATEMENT

The Ninth Circuit Has Misrepresented Material Facts to Prejudice Baldwin’s Petition Before This Court ……      1

By Failing to Issue a Mandate in the Subject Case, the Ninth Circuit Wants to Create the Appearance That Baldwin’s Petition is a “Pre-judgment Appeal” Subject to Stricter Guidelines in Supreme Court Rule ..……….     2

An Issue of Semantics or Trickery? “Closed” vs. “Open”………………………………………………………………..………     3

UDR, Inc. Fails to Disclose Risk Factors In Its September 7, 2012 Prospectus for the Sale of Common Stock to the Public ……………………………………………………………………………………………………………………………………      4

While This Court Decides Whether UDR’s State Court Judgment is Valid; UDR Tries to Enforce It by Filing Another Contempt Action Against Baldwin ………………………………………………………………………………..……   5

The Ninth Circuit Threatens Baldwin With a Pre-Filing Order & Sanctions If She “Files Any Further Appeals From Non-Appealable Orders” ………………………………………………………………..……………………………………………     5

All of Baldwin’s Appeals Were Filed in Good Faith & Based on Longstanding Ninth Circuit Jurisdiction …     6

A Failure to Rule on a Motion is Appealable …………………………………………………………………………….         9

Conclusion …………………………………………………………………………………………………………………..…………..     10

 ——————————— ♦ ———————————

APPENDIX

Exhibit No. 1:           Ninth Circuit Order, August 7, 2012 by Circuit Judges Schroeder, Berzon & Tashima, Case No. 12-56241

Exhibit No. 2:          District Court Order, December 2, 2011 by Judge David O. Carter, Case  No. 5:11-cv-01300-DOC

Exhibit No. 3:          Ninth Circuit Order, February 16, 2012 by Circuit Judges Schroeder, Leavy & Clifton, Case No. 11-57210

Exhibit No. 4:           District Court Order, December 21,  2011 by Judge Josephine S. Tucker, Case No. 5:11-cv-01300-DOC

Exhibit No. 5:           Ninth Circuit Order, February 17,  2012 by Circuit Judges Schroeder, Leavy & Clifton, Case No. 12-55081

Exhibit No. 6:           District Court Orders, January 4, 2012 and January 9, 2012 by Judge  David O. Carter, Case No. 5:11-cv-01300-DOC

Exhibit No. 7:           Ninth Circuit Order, February 16, 2012 by Circuit Judges Schroeder, Leavy & Clifton, Case No. 12-55087

Exhibit No. 8:           District Court Orders, June 12, 2012 by Judge Dolly M. Gee, Case No. 5:11-cv-01300-DMG

Exhibit No. 9:           District Court Orders, January 18, 2012 by Judge Dolly M. Gee, Case No. 5:11-cv-01300-DMG

Exhibit No. 10:        Ninth Circuit Order, April 27, 2012 by Motions Attorney Monica Fernandez – Accompanied                                      by the  Subject Order, February 15, 2012, by Circuit Judges Schroeder, Leavy & Clifton, Both in Case No. 12-70296

——————————— ♦ ———————————

iv

TABLE OF CITED AUTHORITIES

Dees v. Billy, 394 F.3d 290 (9th. Cir. 2005) …………………..….       4

Kulas v. Flores, 255 F.3d 780, 783 (9th Cir. 2001) ……….……       7

Pearson v. Callahan,  129 S.Ct. 18 (2008) …………………………..      i

Plumeau v. Sch. Dist. #40 County of Yamhill,

130 F.3d 432, 439 n.5 (9th Cir. 1997)     ………………………….…    9

Saucier v. Katz, 533 U.S. 194 (2001) …………………………….…..     i

Scott v. Eversole Mortuary, 

522 F.2d 1110, 1112 (9th Cir. 1975) …………………………………      6 

Stein v. Wood,

127 F.3d 1187, 1189 (9th Cir. 1997) ………………………..……..        6

Tory, et al. v. Cochran,

523 U.S. 574, 588 n.10 (1998) ……………………………………….         9


[1]           Pursuant to the principles in Saucier v. Katz, 533 U.S. 194 (2001) and Pearson v. Callahan,  129 S.Ct. 18 (2008).

[2]           Parsa Law Group, APC v. Bad Biz Finder, et al.

[3]           UDR, Inc. v. Erin K. Baldwin aka Bad Biz Finder, et al.

——————————— ♦ ———————————

SECOND SUPPLEMENTAL BRIEF

——————————— ♦ ———————————

            Petitioner, Erin K. Baldwin (“Baldwin”) appears in accordance with Supreme Court Rule 10.3 to present new matter since she filed her July 14, 2012 Petition for a Writ of Certiorari (“Petition”) and September 6, 2012 Supplemental Brief (“Brief”).

 ——————————— ♦ ———————————

The Ninth Circuit Has Misrepresented

Material Facts to Prejudice

Baldwin’s Petition Before This Court

            1.         Baldwin respectfully submits that the Ninth Circuit Court of Appeals (“Ninth Circuit”) has covertly taken steps to prejudice Baldwin’s appeal to this Court by misrepresenting material facts relevant to:

a.         the status of the case before this Court, Case No. 12-70296 (hereinafter, “Subject Case”);

b.         the contents of the order before this Court issued on February 15, 2012 in the Subject Case (hereinafter, “Subject Order”);

c.         a statement in the Subject Order, i.e., “no further filings shall be accepted in this closed case”;

d.         the meaning of the word “closed,” and its presumed synonymy with the word “finished” in association with the requirements of a “final judgment”;

e.         the necessity of a final judgment as a catalyst to the court issuing a Mandate;

f.          the affect a Mandate has in categorizing an appeal as “pre-judgment” or “post-judgment”; and

g.         the difference in the criteria governing pre-judgment appeals (Supreme Court Rule 11) with that of post-judgment appeals (Supreme Court Rule 10).

 ——————————— ♦ ———————————

By Failing to Issue a Mandate in the Subject Case, [1] the Ninth Circuit Wants to Create the Appearance That Baldwin’s Petition is a “Pre-judgment Appeal” Subject to Stricter Criteria of Supreme Court Rule 11

                  2.         Baldwin asserts the Ninth Circuit is manipulating the record, intermingling procedures, and twisting word definitions to give the appearance Baldwin’s case is not final and, as such, is subject to the much stricter criteria of Rule 11:

“A pre-judgment appeal will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this  Court.”

3.         Federal Rules of Appellate Procedure (“FRAP”), Rule 41(b) states:

“The court’s Mandate must issue (a) 7 days after the time to file a petition for rehearing expires;  or (b) 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate.”

4.         Baldwin timely filed petitions for rehearing so the expiration element is not applicable.  She also made numerous attempts to obtain an order denying her petitions for rehearing so she would be in compliance with Supreme Court Rule 13.   To this day, all requests remain unanswered.

a.         On March 7, 2012, Baldwin sent a certified letter to the Clerks of Circuit Judges Schroeder, Leavy and Clifton. [2]

b.         On April 11, 2012, Baldwin filed, “Request for Statement of Decision on Final Judgments & Rulings on Petition for Rehearing Re U.S.  Supreme Court Rule 13.”

c.         On April 19, 2012, Baldwin sent a letter to this Court to inform it of obstacles preventing her from properly complying with Supreme Court Rule 13.  [3]

d.         On April 27, 2012, [4] in what originally appeared to be a response to Baldwin’s April 19 letter, supra, a Ninth Circuit Staff Attorney issued an Order that simply restated the obstacles present in the Subject Order.

e.         On May 7, 2012, Baldwin filed, “Second Request for Documents in Compliance with United States Supreme Court Rule 13 Including Final Judgment & Ruling on, or Denial of, Petitions for Rehearing.”

5.         Baldwin will gladly provide copies of all these documents if this Court requests same. However, at this time she is struggling financially and hopes her inability to provide all documents does not adversely prejudice her appeal.

——————————— ♦ ——————————— 

An Issue of Semantics or Trickery? 

“Closed” vs. “Open” 

              6.         The Subject Order contains the statement: “No further filings shall be accepted in this closed case.”  Baldwin asserts that most people reading “closed case” would believe it is equivalent to “finished case.”

7.         And if asked whether this appears to be a final ruling, most folks would agree that a court’s use of the word “closed” would mean it’s over, done, final, at the end.  It’s hard to imagine anyone thinking “you know, maybe closed means it’s not closed … maybe “closed case” means it’s really “open pending another decision.”

8.         On September 7, 2012, Baldwin learned why the Ninth Circuit had not issue a Mandate in the Subject Case (and the three related appeals).  The docket clerk informed her that the Subject Case (and related cases) were not closed at all.  Rather, they were open pending a decision on the petitions for rehearing.  However, six months earlier Baldwin was told her petitions for rehearing had been rejected without consideration due to the aforementioned statement in the Subject Order.

9.         However, the Ninth Circuit knew it could rely on Dees v. Billy, [5] to debunk any accusation of impropriety by its use of the word “closed.” Dees states: “An order administratively closing a case is a docket management tool that has no jurisdictional effect.”

10.       But if the word “closed” has “no jurisdictional effect” and is simply “a docket management tool,” why is it being used in an Order in the Ninth Circuit Court of Appeals?

11.       If there is a question whether Baldwin’s case is a pre- or post-judgment appeal, Baldwin requests consideration of the aforementioned matters prior to denying certiorari.

——————————— ♦ ———————————

UDR, Inc. Fails to Disclose Risk Factors

In Its September 7, 2012 Prospectus for

the Sale of Common Stock to the Public

              12.       On September 7, 2012, Respondent UDR issued a prospectus for the sale of common stock to the public, the first time in the company’s 32-year history. Baldwin discovered this fact on September 14, 2012, read the Prospectus, and learned UDR failed to disclose inherent risk factors in connection with the Subject Case before this Court.

13.       UDR entered the California marketplace in 2004, and since that time maintained and enforced a residential lease agreement it knew fails to comply with California law.  This intentional fraud unjustly enriches UDR, financially harms its tenants, and explains why thirty-two percent (32%) of UDR’s $700 million annual revenue comes from California.

14.       Baldwin respectfully submits that UDR’s decision to offer stock to the public at this time is further evidence of the national importance of Baldwin’s Petition, UDR’s egregiously unlawful business practices, and the need for this Court to exercise its supervisory power to intervene.

——————————— ♦ ———————————

While This Court Decides Whether UDR’s State

Court Judgment is Valid; UDR Attempts to Enforce

It By Filing Another Contempt Action Against Baldwin

            15.       As further evidence of its unthinking (or perhaps arrogant) capacity to retaliate against Baldwin, on August 30, 2012, Respondent UDR filed a second post-judgment civil contempt action against Baldwin.

16.       It is set for hearing before Judge Franz E. Miller on October 16, 2012.  This new action is based on the same state court judgment under review by this Court.

17.       Orange County Public Defenders (“OCPD”) were appointed by Judge Franz E. Miller to “represent” Baldwin in the first set of civil contempt actions against Baldwin including one filed by UDR.

18.       Even though OCPD attorneys are named defendants in Baldwin’s Section 1983 Complaint and Respondents in the Petition before this Court, they still claim to be counsel of record for Baldwin and, as such, are not required to provide Baldwin copies of her files.

——————————— ♦ ———————————

The Ninth Circuit Threatens Baldwin With a

Pre-Filing Order & Sanctions If She “Files Any

Further Appeals From Non-Appealable Orders”

            19.       As a further act of retaliation and intimidation, the Ninth Circuit entered an Order threatening Baldwin with a pre-filing order and sanctions should she “file any more appeals from nonappealable orders.”  [6]

20.       First, the Ninth Circuit does not have jurisdiction to threaten Baldwin with a pre-filing order or sanctions as it is not a trial court and Baldwin would have no reason to bring a new case there.

21.       Second and notwithstanding the appealability issue, every order issued by the District Court post-December 19, 2011 was issued in the clear absence of jurisdiction thereby violating the Divestiture Rule of the Ninth Circuit.  Said rule is represented in Stein v. Wood, [7] and states:

“As a general rule, the filing of a notice of appeal divests a district court of jurisdiction over those aspects of the case involved in the appeal.”

22.       The Ninth Circuit acknowledged the cases are related; has failed to issue Mandates in all of them; and as such, they necessarily encompass, “aspects of the case involved in the appeal.”

——————————— ♦ ———————————

All of Baldwin’s Appeals Were Filed in Good Faith

& Based on Longstanding Ninth Circuit Jurisdiction

First Appeal, Ninth Circuit Case No. 11-57210

Filed December 19, 2011

                 23.       Baldwin’s first appeal was based on the December 2, 2011 Order of District Court Judge David O. Carter (“Judge Carter”) denying Baldwin’s request for leave to amend her Section 1983 Complaint. [8]

24.       In Scott v. Eversole Mortuary, [9]   the Ninth Circuit held: “It is well-established Ninth Circuit law that where the district court expressly denies leave to amend, the order is final and appealable.”

25.       However, for reasons unclear, the Ninth Circuit dismissed Baldwin’s appeal for lack of jurisdiction.  [10]  Within this dismissal order, the Ninth Circuit also violated Baldwin’s First and Fourteenth Amendment rights to petition and access the court by stating:

“No motions for reconsideration, rehearing, clarification, stay of the mandate, or any other submissions shall be filed or entertained in this closed docket.”

26.       Then, the Ninth Circuit threatened Baldwin with the imposition of a pre-filing order and monetary sanctions claiming she was abusively filing appeals from nonappealable orders.

Second Appeal, Ninth Circuit Case No. 12-55081

Filed December 28, 2011

              27.       Baldwin’s second appeal was based on the December 21, 2011 Order of District Court Judge Josephine S. Tucker (“Judge Tucker”) denying Baldwin’s request to disqualify Judge Carter. [11]

28.       Notwithstanding the meritorious arguments contained in Baldwin’s motion (demonstrated by Judge Carter’s recusal after the fact), Judge Tucker acted in the clear absence of jurisdiction in entering this order three days post-divestiture with knowledge her order encompassed “an aspect of the case involved in the appeal.”

29.       In fact, Judge Tucker’s actions could be considered abuse of discretion and the Ninth Circuit in  Kulas v. Flores, [12] held: “We review a district court’s denial of a disqualification motion for an abuse of discretion,” thereby granting jurisdiction.

30.       However, for reasons unclear, the Ninth Circuit dismissed Baldwin’s second appeal for lack of jurisdiction, [13]  and once again violated constitutional rights by including the same statement, i.e., “No motions for reconsideration, rehearing, clarification, stay of the mandate, or any other submissions shall be filed or entertained in this closed docket.”

31.       Then, the Ninth Circuit threatened Baldwin with the imposition of a pre-filing order and monetary sanctions claiming she was abusively filing appeals from nonappealable orders.

Third Appeal, Ninth Circuit Case No. 12-55087

Filed January 6, 2012

                 32.       Baldwin’s third appeal was based on the January 4, 2012 Order of Judge Carter “voluntarily recusing himself” from Baldwin’s case.  [14]

33.       This is the most egregious example of acting in the clear absence of jurisdiction, in violation of the Ninth Circuit’s Divestiture Rule, and doing so after irreparably damaging Baldwin’s constitutional claims.

34.       Judge Carter decided to step aside:

a.         After he refused to self-recuse when he had personal knowledge of disputed issues of fact and bias toward a party in the action;

b.         After he denied Baldwin’s request for leave to amend her Section 1983 Complaint in an effort to protect the parties with whom he had the aforementioned bias, and based on his personal knowledge;

c.         After Baldwin filed a motion to disqualify him and he still failed to recuse;

d.         After Tucker denied Baldwin’s request to disqualify Judge Carter by claiming she was “a harassing litigant,” with the propensity “to sue every judge that has ever ruled against her”; and

e.         After he equally maligned Baldwin with the same false statements initiated by Judge Tucker, supra, in his recusal orders.

35.       Judge Carter was actively involved in the production of the 2011 Federal Justice Center’s publication, “Judicial Disqualification.” He is quite versed in the unlawful nature of his actions because he described them as such in this publication.

36.       However, for reasons unclear, the Ninth Circuit dismissed Baldwin’s third appeal for lack of jurisdiction, [15] and like the other appeals before it, violated Baldwin’s constitutional right by stating: “No motions for reconsideration, rehearing, clarification, stay of the mandate, or any other submissions shall be filed or entertained in this closed docket.”

37.       Then, the Ninth Circuit threatened Baldwin with the imposition of a pre-filing order and monetary sanctions claiming she was abusively filing appeals from nonappealable orders.

Emergency Petition for

First Amendment Writ of Mandate

Ninth Circuit Case No. 12-70296

Filed January 26, 2012

                 38.       The final case included in the Ninth Circuit threat of the imposition of a pre-filing order and monetary sanctions is the Subject Case and Order presently before this Court.

39.       Baldwin based this appeal on this Court’s ruling in Tory, et al. v. Cochran, [16] that states:  “In California law, a person cannot definitively know whether an injunction is legally void until a court has ruled that it is.”

40.       However, for reasons unclear, the Ninth Circuit dismissed (in part) and denied (in part) Baldwin’s Petition and included the statement, “No further filings shall be accepted in this closed case.” (See, fn. 4, supra.)

——————————— ♦ ———————————

A Failure to Rule on a Motion is Appealable

                 41.       On June 12, 2012, District Court Judge Dolly Gee issued an order [17] that Baldwin had been waiting for since Judge Gee issued her January 18, 2012 Order [18] staying Baldwin’s Amended Request for Leave to Amend her Section 1983 Complaint until her appeals were completed, i.e., February 17, 2012.

42.       The only issue outstanding was whether Baldwin could amend her Complaint.  Judge Gee failed to address the only issued requiring her attention and for which Baldwin had been waiting for months.

43.       The Ninth Circuit in Plumeau v. Sch. Dist. #40 County of Yamhill,[19] held: “A failure to rule on a motion is appealable.”  Instead of ruling on the motion before the court, Judge Gee fabricated matters to rule on to avoid dealing with the issues on the table.  Baldwin appealed and of course, her appeal was denied for lack of jurisdiction. [20]  In fact, it was the same order that we started with, the one threatening Baldwin with a pre-filing order and sanctions if she “files any further appeals from non-appealable orders.”

——————————— ♦ ———————————

Conclusion

                 44.       Baldwin hopes to impress upon this Court the level of abuse her case has been subjected to since she filed her Section 1983 Complaint.  However, the most important fact is that Baldwin is not alone; this sort of abuse is rampant.  Baldwin seeks to change this current state of affairs with this Court’s help beginning with the issue of certiorari in her Petition.

45.       Baldwin asserts the wheels of change are already in motion with the departure of Chief Judge Audrey Collins on September 17, 2012.  But that is only a beginning.  The Respondents in Baldwin’s Petition must be held accountable.  To date, they have not been required to answer to Baldwin’s claims.  But Baldwin prays this Court requires them to do so by granting certiorari and ordering their response.

Dated:            September 19, 2012

Respectfully submitted,

/ s /

____________________________________

Erin K. Baldwin, Petitioner


[1]           And Related Cases, Case Nos. 11-57210, 12-55081, and 12-55087.

[2]           The letter stated, inter alia: “I bring these matters to your attention in the hope that my appeals will be reinstated and allowed the same opportunity for briefing and consideration as appeals brought by non-indigent, represented appellants. If I could afford an attorney, believe me I would hire one, but the absence of same should not adversely prejudice my appeals nor should my lack of income disallow me the same right to appeal as those with a  healthy balance sheet.”

[3]           Via a letter to the Clerk of Chief Justice John Roberts that stated, inter alia: “I am writing to express my sincere desire to file a Petition for a Writ of Certiorari to the United States Ninth Circuit Court of Appeals pertaining to decisions it rendered in the above-referenced cases that directly conflict with its own decisions, decisions of other U.S. Circuit Courts of Appeal, and decisions of the California Supreme Court. However, my ability to timely file said Petition has been obstructed by the Ninth Circuit’s unwillingness to provide me the documents necessary to comply with United States Supreme Court Rule 13, a copy of the final judgments in my appeals or a copy of the orders denying my petitions for rehearing in each case.  To this end, I herein request your assistance.”

[4]           “The court instructed that no further filings would be accepted in this closed case. Accordingly, the court declines to entertain petitioner’s motions for reconsideration, received on February 22, 2012; March 27, 2012; and April 11, 2012.  This case remains closed.”   [See, both the Subject Order and the April 27, 2012 Order at Appendix to the Second Supplemental Brief, Exhibit No. 10.]

[5]           394 F.3d 1290 (9th. Cir. 2005).

[6]           See, Appendix to the Second Supplemental Brief, Exhibit No. 1. [Specifically, page 2.]

[7]           127 F.3d 1187, 1189 (9th Cir. 1997).

[8]           See, Appendix to the Second Supplemental Brief, Exhibit No. 2.

[9]           522 F.2d 1110, 1112 (9th Cir. 1975).

[10]          See, Appendix to the Second Supplemental Brief, Exhibit No. 3.

[11]          See, Appendix to the Second Supplemental Brief, Exhibit No. 4.

[12]          255 F.3d 780, 783 (9th Cir. 2001).

[13]          See, Appendix to the Second Supplemental Brief, Exhibit No. 5.

[14]          See, Appendix to the Second Supplemental Brief, Exhibit No. 6.

[15]          See, Appendix to the Second Supplemental Brief, Exhibit No. 7.

[16]          544 U.S. 734 (2005).

[17]          See, Appendix to the Second Supplemental Brief, Exhibit No. 8.

[18]          See, Appendix to the Second Supplemental Brief, Exhibit No. 9.

[19]          130 F.3d 432, 439 n.5 (9th Cir. 1997)

[20]          See, Appendix to the Second Supplemental Brief, Exhibit No. 10.

U.S. Supreme Court to Consider CA Consumer Fraud by Landlord UDR, the CA State Bar & DRE

September 9, 2012 § 2 Comments

On September 24, 2012, the U.S. Supreme Court Will Consider a CA Journalist’s Petition for Relief from Injunctions That Prevented Her From Warning CA Tenants and Consumers About Fraud Against Them; Thousands Deprived of Warnings Were Defrauded

On September 24, 2012, the U.S. Supreme Court will meet to consider matters raised in the July 14, 2012 Petition for a Writ of Certiorari (and subsequent Supplemental Brief) of Journalist, Consumer Advocate, and Pro Se Litigant, Erin Baldwin.

The Court will consider two state court injunctions issued against Baldwin in 2009 to prevent her from publishing reports and organizing unified petitions for redress on behalf of:

1.   California consumers in foreclosure vulnerable to unlawful loan modification business practices of attorney members of the State Bar; realtor/mortgage members of the DRE; and officials from both who failed to intervene to prevent said fraud by its members; and

2.   California tenants unaware of the illegal clauses contained in the California residential lease agreements of UDR, Inc.

The Court will also consider Baldwin’s plea for restitution to consumers and tenants defrauded because the state court injunctions deprived them of her warnings.

Baldwin’s Petition asked the Supreme Court to review a Ninth Circuit Court of Appeals Order denying her request for a ruling on whether these two permanent injunctions were void and as such, unenforceable.   Baldwin based her request on the 2005 U.S. Supreme Court ruling in Tory, et al. v. Cochran (544 U.S. 734) that states:  “In California law, a person cannot definitively know whether an injunction is legally void until a court has ruled that it is.”

Baldwin requested this ruling because the “status” of the injunctions determined the direction of her Section 1983 Case filed in the Central District Court of California on August 16, 2011.  These injunctions were the authority behind fifty-one (51) separate acts of civil and criminal retaliatory prosecution against Baldwin over the past three years.  And the 51 acts form the causes of action in Baldwin’s Section 1983 Complaint. The objective of the acts against Baldwin were to keep her quiet and sufficiently distracted, to disable her ability to take action in her own defense, and prevent her from coming to the defense of others.

Finally, these injunctions were issued without: (a) establishing jurisdiction over Baldwin; (b) isolating a compelling state interest; (c) conducting a hearing on the merits; (d) identifying what Baldwin published that was defamatory; and (e) stating the terms of the injunctions.

Notwithstanding this compelling evidence to support her request, Ninth Circuit Judges Mary Schroeder, Edward Leavy and Richard Clifton denied Baldwin’s request for a ruling stating her petition did not “warrant the intervention of the court by means of the extraordinary remedy of mandamus.”  So Baldwin appealed to the U.S. Supreme Court.

In addition to her reports, Baldwin also took action in the form of unified petitions for redress on behalf of consumers and tenants.  Baldwin announced her intent to spearhead a petition to the California Supreme Court for redress on behalf of California consumers in foreclosure harmed by State Bar and DRE members and officials.

The goal of this petition was to request that a writ issue mandating the State Bar and DRE to make restitution through their already-existing consumer protection divisions set up for this specific purpose, i.e., the Client Security Fund and Consumer Recovery Account, respectively.

The response was immediate and overwhelming. Baldwin did not have to “sell the idea”; it was the answer to many consumers’ prayers. They inherently understood the power behind assembling with others similarly situated to form a united petition for redress.  Sadly, the project was not completed because the State Bar and DRE intervened.

The second petition for redress championed by Baldwin was on behalf of the California tenants of UDR, Inc.  Baldwin announced her intention to spearhead a unified petition for redress in the form of a class action lawsuit against UDR, Inc. This lawsuit was to include intentional fraud by UDR against its tenants since UDR entered the California marketplace in 2004.

The violations of California law that formed the causes of action against UDR included:

a. early lease termination penalties as liquidated damages in violation of California Civil Code §1671;

b. excessive late fees in violation of California Civil Code §3302, §1671, and California Court of Appeal precedent;

c. illegal profits from a ratio utility billing system in violation of California Public Utilities Commission regulations prohibiting non-utilities from “selling” energy and water; and

d. illegally defers on-premises injury liability to its tenants via “hold harmless” clauses in violation of California Civil Code §1668.

e. … among many others.

UDR earns thirty-two percent (32%) of its revenue from its California portfolio as a direct result of the aforementioned fraud. It then uses this revenue to its advantage to (a) fund the growth of the balance of its national portfolio; (b) meet its obligation as a REIT to
distribute 90% of its taxable income back to investors; and (c) directly benefits though a significant reduction in corporate taxes.

After Baldwin announced these unified petitions for redress, parties involved began to deliberately interfere in her ability to associate, communicate, assemble with others similarly situated, and organize these petitions.

This led to unlawful search and seizure of Baldwin’s personal property three times in two years including the entire contents of her apartment three days after UDR performed a retaliatory eviction; the entire contents of her storage unit (with the assistance of former Public Storage board member and UDR associate, Robert J. Abernethy); and all her property from Big Bear including her two beloved rescue dogs whom she never saw again.

Items seized included:

a.  nearly 400 files containing confidential information of tenants interested in participating in the class action lawsuit against UDR;

b.  Baldwin’s computers, data storage devices, and boxes of research, files and corroborating evidence to support her petition for a writ of mandate against the State Bar and DRE;

c.  thousands of printed emails; blog articles and research for same; and documentary evidence supplied by experts;

d.  all the pleadings from all the cases filed against Baldwin as well as her appeal pleadings and evidence of same; and

e.  records of Baldwin’s passwords to efficiently delete blogs, emails, websites, document storage accounts, press release accounts, and business related marketing and social media accounts.

However, the seizure and destruction of property cannot conceal the fact that hundreds of thousands of Californians lost their homes to foreclosure due to the intentional fraud of state agencies like the State Bar and DRE, established to protect the people they defrauded.

And it cannot hide the fact that the consumers that lost their homes were forced into the residential rental markets where landlords like UDR continued the fraud and proliferated the abuse.

According to an April 24, 2012 article from statistics company, DataQuick, “Over the past five years, 835,000 California homes have been lost to foreclosure.  In 2009: 236,231 and in 2010: 190,360.”

These statistics demonstrate the level of crisis California was under during the time Baldwin attempted to reach consumers and tenants and the extraordinary harm caused by those that interfered.

Baldwin’s message was of great public concern and as such, was protected by the First Amendment.  If you are interested in learning more about Baldwin’s case, read the below links to her Petition and Supplemental Brief:

Supplemental Brief:   http://en.calameo.com/read/001447105652fe828f7c2

Petition for a Writ of Certiorari:  http://en.calameo.com/read/001447105f711b1f50546

If you are a victim of any of the above, we would like to hear from you.  Please contact us at pro_se_nation@aol.com.

ACLU of Southern California Acted to Protect the State Bar of California After Woman Was Beaten in Custody by Big Bear Sheriffs

August 11, 2012 § Leave a comment

On October 8-9, 2009, Journalist Erin Baldwin was beaten in custody by 5 male Big Bear Sheriff’s Deputies.  See:   ERIN BALDWIN PERSONAL NARRATIVE

To mitigate the liability of the County for this horrendous act, the San Bernardino District Attorney filed charges against Baldwin:  Criminal Complaint   PLEASE NOTE the DA changed the dates of the alleged offenses from October 8, 2009 to  October 17, 2009.  This is evidenced by the Court Docket which has always identified October 8, 2009 as the date of the alleged offenses:  Court Docket

So, why would the DA want to change the dates?  Because Erin Baldwin filed an Intake Request with the ACLU on October 14, 2009 requesting a civil rights attorney:  ACLU Intake Request

The ACLU knew the State Bar of California orchestrated the beating against Baldwin as a further act of intimidation to silence her reports to consumers in foreclosure about the State Bar’s culpability in loan modification fraud.

The ACLU knew that  Tom Layton (ex-LA sheriff and current investigator for the the State Bar) used his sheriff contacts to set up this beating and was actually present when it all happened.

The ACLU decided to protect the State Bar and San Bernardino Sheriffs and LIE to a woman in crisis.  They never made contact with Erin Baldwin and put together a plan to conceal the facts.  This is evidenced by the ACLU’s letter that was emailed to her AFTER the above Criminal complaint was filed:  ACLU Letter from Lee Morgan

PLEASE NOTE the facts Erin Baldwin provided in her ACLU Intake request compared to the letter from the ACLU.  When Baldwin filed an Intake Request, she had no idea criminal charges were going to be filed against HER for being beaten in custody.  However, the ACLU Letter states she contacted then regarding criminal charges.  The Intake Request states Baldwin was looking for a civil rights attorney, not a criminal defense attorney.  And there are many other points.  The fact is that the ACLU breached Erin Baldwin’s right to confidentiality with the very San Bernardino  officials that harmed her.

Baldwin also requested help from Senator Barbara Boxer on October 20, 2009:  Request for Help From Sen. Boxer

And Senator Robert Dutton on October 20, 2009:  Request for Help From Sen. Dutton

She was ignored.  Both Senators had A DUTY to act on behalf of Erin Baldwin pursuant to Government Code section 815.6 that states:

“Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public entity is liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty.”

But they did nothing.  Eight days after Baldwin sent these letters, San Bernardino DA Laura Robles filed charges against HER to mitigate the liability of the County of San Bernardino.

ACLU of Southern California Acted to Protect the State Bar of California After Woman Was Beaten in Custody by Big Bear Sheriffs

August 8, 2012 § Leave a comment

On October 8-9, 2009, Journalist Erin Baldwin was beaten in custody by 5 male Big Bear Sheriff’s Deputies.  See:   ERIN BALDWIN PERSONAL NARRATIVE

To mitigate the liability of the County for this horrendous act, the San Bernardino District Attorney filed charges against Baldwin:  Criminal Complaint   PLEASE NOTE the DA changed the dates of the alleged offenses from October 8, 2009 to  October 17, 2009.  This is evidenced by the Court Docket which has always identified October 8, 2009 as the date of the alleged offenses:  Court Docket

So, why would the DA want to change the dates?  Because Erin Baldwin filed an Intake Request with the ACLU on October 14, 2009 requesting a civil rights attorney:  ACLU Intake Request

The ACLU knew the State Bar of California orchestrated the beating against Baldwin as a further act of intimidation to silence her reports to consumers in foreclosure about the State Bar’s culpability in loan modification fraud.

The ACLU knew that  Tom Layton (ex-LA sheriff and current investigator for the the State Bar) used his sheriff contacts to set up this beating and was actually present when it all happened.

The ACLU decided to protect the State Bar and San Bernardino Sheriffs and LIE to a woman in crisis.  They never made contact with Erin Baldwin and put together a plan to conceal the facts.  This is evidenced by the ACLU’s letter that was emailed to her AFTER the above Criminal complaint was filed:  ACLU Letter from Lee Morgan

PLEASE NOTE the facts Erin Baldwin provided in her ACLU Intake request compared to the letter from the ACLU.  When Baldwin filed an Intake Request, she had no idea criminal charges were going to be filed against HER for being beaten in custody.  However, the ACLU Letter states she contacted then regarding criminal charges.  The Intake Request states Baldwin was looking for a civil rights attorney, not a criminal defense attorney.  And there are many other points.  The fact is that the ACLU breached Erin Baldwin’s right to confidentiality with the very San Bernardino  officials that harmed her.

Baldwin also requested help from Senator Barbara Boxer on October 20, 2009:  Request for Help From Sen. Boxer

And Senator Robert Dutton on October 20, 2009:  Request for Help From Sen. Dutton

She was ignored.  Both Senators had A DUTY to act on behalf of Erin Baldwin pursuant to Government Code section 815.6 that states:

“Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public entity is liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty.”

But they did nothing.  Eight days after Baldwin sent these letters, San Bernardino DA Laura Robles filed charges against HER to mitigate the liability of the County of San Bernardino.

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