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Paul Andrew Mitchell, Sui Juris
c/o Forwarding Agent at:
350 – 30th Street, Suite 444
Oakland 94609-3426
CALIFORNIA, USA
In Propria Persona
All Rights Reserved
without Prejudice
District Court of the United States
Eastern Judicial District of California
Paul Andrew Mitchell,
)
)
Plaintiff,
)
)
v.
)
)
AOL Time Warner, Inc. et al., )
)
Defendants.
)
______________________________)
No. CIV. S-01-1480 WBS DAD PS
NOTICE AND DEMAND
FOR PROOF OF FRAUD:
28 U.S.C. 1654
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COMES NOW Paul Andrew Mitchell, Plaintiff in the above entitled case,
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Citizen of California, Private Attorney General and Federal Witness,
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formally to demand of Mr. Geoffrey A. Goodman verified proof that
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Plaintiff’s
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fraudulent by intent.
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previously
filed
NOTICES
OF
JUDICIAL
DEFAULT
are
At the preliminary hearing held on December 14, 2001 A.D. in the
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instant
case,
which
Plaintiff
attended
with
counsel
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Under Protest, Mr. Goodman alleged that Plaintiff’s previously filed
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NOTICES OF JUDICIAL DEFAULT are “fraudulent” [sic].
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Notice and Demand for Proof of Fraud:
Page 1 of 6
and
expressly
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Plaintiff
hereby
specifically
denies
that
said
NOTICES
are
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fraudulent, and also specifically denies that either actual fraud or
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constructive fraud were Plaintiff’s real intent in executing, filing
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and serving said NOTICES.
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Plaintiff believes that the burden of proving fraud falls on the
one(s) making the allegation. [citations omitted]
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Plaintiff also believes that an unsubstantiated allegation of
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fraud
is
tantamount
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[citations omitted]
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Unlawful
to
attacks
Rights
on
defamation,
one’s
guaranteed
by
and/or
defamation
reputation
Article
17
are
in
per
violations
the
se.
of
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fundamental
International
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Covenant on Civil and Political Rights (“Covenant”), and by Article 12
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in the Universal Declaration of Human Rights (“Declaration”).
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Article 17 in the Covenant reads:
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1.
No one shall be subjected to arbitrary or unlawful
interference
with
his
privacy,
family,
home
or
correspondence, nor to unlawful attacks on his honour and
reputation.
2.
Everyone has the right to the protection of the law against
such interference or attacks.
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Article 12 in the Declaration reads:
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No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon his
honour and reputation. Everyone has the right to the protection
of the law against such interference or attacks.
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Defamation
[bold emphasis added]
[bold emphasis added]
is
also
occurring
as
actionable
it
did
in
under
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particularly
open
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California, within hearing range of witnesses.
California
State
court,
Sacramento,
Notice and Demand for Proof of Fraud:
Page 2 of 6
in
law,
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Those witnesses included Plaintiff’s counsel and next friend,
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U.S.
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Marshall, Wesley C.J. Ehlers, Susan H. Handelman, Eugene J. Majeski,
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an attorney appearing telephonically, and Plaintiff, all of whom were
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present to hear the offending statement accusing Plaintiff of fraud.
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Magistrate
Dale
A.
Drozd,
the
courtroom
clerk(s),
a
U.S.
Plaintiff believes that the attorney appearing telephonically was
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Mr.
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Pennsylvania, and possibly others listening on a speakerphone at this
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law firm.
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Walter
P.
Plaintiff
DeForest
is
of
offended,
DeForest
and
&
Koscelnik
damaged,
by
in
this
Pittsburgh,
unnecessary
and
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unfounded accusation, expressing as it did an arbitrary and unlawful
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attack on Plaintiff’s honor and reputation.
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NOTICE OF DEADLINE
Accordingly,
Plaintiff
hereby
demands
that
Mr.
Geoffrey
A.
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Goodman file and serve certified proof of fraud, and certified proof
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of fraudulent intent, in the matter of Plaintiff’s NOTICES OF JUDICIAL
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DEFAULT, no later than 5:00 p.m. on Friday, February 15, 2001 A.D.
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(approximately thirty (30) days hence).
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Beyond that deadline, Plaintiff will proceed on the basis of the
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presumption that Mr. Geoffrey A. Goodman does not have any proof of
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fraud, and does not have any proof of fraudulent intent.
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Absent said proofs, Plaintiff reserves His fundamental Right to
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seek appropriate and effective judicial remedies, in this case and/or
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other case(s) not yet filed, for actual, consequential and exemplary
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damages
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reputation.
attributable
to
this
arbitrary
attack
on
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Notice and Demand for Proof of Fraud:
Page 3 of 6
His
honor
and
1
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PARTIAL LIST OF PERTINENT AUTHORITIES
See cases under 28 U.S.C.A. 1654 and 28 U.S.C.S. 1654;
also In
3
re Gossage, 99 Cal.Rptr.2d 130, 23 Cal.4th 1080, 5 P.3d 186 (2000)
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(attorneys
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obedience to the laws of the State and nation, and respect for the
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rights of others and for the judicial process);
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Broadcasting
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judgment was appropriate when unlicensed corporate president attempted
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to represent corporation in court);
must
Co.,
possess
3
good
F.3d
1244
moral
(9th
character
Cir.
which
includes
...
U.S. v. High Country
1993)
(entry
of
default
U. S. v. Tweel, 550 F.2d 297, 299
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(1977) (silence can be equated with fraud when there is a legal or
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moral duty to speak);
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constitutes an implied representation of the existence of the state of
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facts in question and will operate as an estoppel).
Carmine v. Bowen, 64 A. 932 (1906) (silence
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VERIFICATION
I,
Paul
Andrew
Mitchell,
Sui
Juris,
Plaintiff
in
the
above
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entitled action, hereby verify under penalty of perjury, under the
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laws of the United States of America, without the “United States”
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(federal government), that the above statement of facts and laws is
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true and correct, according to the best of My current information,
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knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).
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Dated:
January 14, 2002 A.D.
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Signed:
/s/ Paul Andrew Mitchell
___________________________________________
Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris
Notice and Demand for Proof of Fraud:
Page 4 of 6
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PROOF OF SERVICE
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I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of
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perjury, under the laws of the United States of America, without the
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“United States” (federal government), that I am at least 18 years of
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age, a Citizen of ONE OF the United States of America, and that I
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personally served the following document(s):
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by placing one true and correct copy of said document(s) in first
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class United States Mail, with postage prepaid and properly addressed
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to the following:
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NOTICE AND DEMAND
FOR PROOF OF FRAUD:
28 U.S.C. 1654
Clerk of Court (2 copies)
District Court of the United States
501 “I” Street, Suite 4-200
Sacramento 95814-2322
CALIFORNIA, USA
Courtesy copies to:
Ropers, Majeski, Kohn & Bentley
(failed to exhibit oaths)
1001 Marshall Street
Redwood City 94063
CALIFORNIA, USA
DeForest & Koscelnik
(failed to exhibit oath)
3000 Koppers Building
436 Seventh Avenue
Pittsburgh 15219
PENNSYLVANIA, USA
Murphy Austin Adams Schoenfeld LLP Pillsbury Winthrop LLP
(failed to exhibit oaths)
(failed to exhibit oaths)
P.O. Box 1319
400 Capitol Mall, Suite 1700
Sacramento 95814-1319
Sacramento 95814-4419
CALIFORNIA, USA
CALIFORNIA, USA
Curiale Dellaverson Hirschfeld
Kraemer & Sloan, LLP
(oaths requested)
727 Sansome Street
San Francisco 94111
CALIFORNIA, USA
Quinn Emanuel Urquhart Oliver
& Hedges, LLP
(oaths requested)
201 Sansome Street, 6th Floor
San Francisco 94104
CALIFORNIA, USA
Notice and Demand for Proof of Fraud:
Page 5 of 6
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Dated:
January 15, 2002 A.D.
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Signed:
/s/ Paul Andrew Mitchell
__________________________________________________
Printed: Paul Andrew Mitchell, Plaintiff In Propria Persona
(not “Pro Se” [sic])
Notice and Demand for Proof of Fraud:
Page 6 of 6